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HomeMy WebLinkAbout2022-182312022006895/ RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3586 PG: 158 Page 1 of 5 11/29/2022 10 24 AM FIRST AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR PROVISION OF PRETRIAL SERVICES C21-12-858 This Interlocal"Agreement-is-made this20th day of September, 2022 ("Effective Date"), by and between the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida ("St. Lucie") and the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, ("Indian River"). WHEREAS, Indian River has requested St. Lucie to provide pretrial services for pretrial defendants in Indian River County; and, WHEREAS, St. Lucie has agreed to provide the services requested by Indian River in accordance with the terms set forth herein. NOW, THEREFORE, in consideration of their mutual covenants and promises, the parties agree as follows: 1. SERVICES: St. Lucie shall provide Pretrial Program services to the Indian River as set out in Exhibit "A" from October 1, 2022 through December 31, 2022 ("Services"). 2. FACILITIES; ACCESS: During the term of this Agreement, Indian River agrees to provide office space, internet access, and office access at the Indian River County Courthouse for St. Lucie Pretrial staff to provide the Services. Indian River also agrees to provide the necessary security clearance for St Lucie Pretrial staff to access the Indian River County Jail and Indian River County Courthouse. 3. TERM; TERMINATION: This Agreement shall be effective from the Effective Date, as defined above, and shall terminate on December 31, 2022. Either party may terminate the Agreement without cause upon no less than sixty (60) days written notice to the other party. In addition, St. Lucie may terminate this Agreement for nonpayment by Indian River with thirty (30) days prior written notice. 4. BILLING; RATES; PAYMENT: A. Cost of Services: For the period of October 1, 2022, and through December 31, 2022, Indian River shall pay St. Lucie $76,159.50 for Pretrial Services. 5. STATUS OF THE PARTIES: The parties agree that St. Lucie is an independent contractor and is not an agent of the Indian River for the purposes of this Agreement. The staff providing the Program services are under the control of St. Lucie. The point of contact for Indian River shall be the Sheriff of Indian River County or his designee. The point of contact for St. Lucie is the St. Lucie County Criminal Justice Director. NOTICES: All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to St. Lucie: St. Lucie County Administrator 2300 Virginia Avenue Third Floor, Administration Annex Fort Pierce, Florida 34982 If to Indian River: Indian River County Administrator 180127th Street Vero Beach, FL. 32960 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Third Floor, Administration Annex Fort Pierce, Florida 34982 With a copy to: Indian River County Attorney 180127 1h Street Vero Beach, FL. 32960 Indian River County Sheriff 4055 411t Avenue Vero Beach, FL. 32960 7. ENTIRE AGREEMENT; AMENDMENT; RECORDING: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect hereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court for Indian River County, Florida and the Clerk of the Court for St. Lucie County, Florida prior to becoming effective. The last date of filing of the Agreement with the respective Clerks of Circuit Court shall be the Effective Date of this Agreement. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Deputy Clerk �� �'cA Chair APPROVED AS TO FORM AND CIOfLoa�oP CORRECTNESS: i\ r -ti County Attorney ATTEST: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA •�,{�oht�n�ss Chair ' �r�RC0U11Z'��'•`'. APPROVED AS TO FORM AND CORRECTNESS: County Attorney Exhibit "A" - Scope of Services (Pretrial Supervision for Indian River defendants) St. Lucie County Pretrial Program will implement and provide Global Positioning Satellite (GPS) monitoring for pre-trial defendants in Indian River County. The primary responsibility of St. Lucie County Pretrial is to provide complete, accurate, non -adversarial information to the courts allowing for an informed decision regarding the offender's suitability for release into the community, pending final disposition of charges. On a weekly basis the F.S. 907.043 "CITIZENS RIGHT -TO -KNOW ACT" report will be filed with the Indian River County Clerk's office as required by law as well as the annual F.S. 907.043 "CITIZENS RIGHT -TO - KNOW ACT" report. In addition, a monthly Bed Day and potential cost savings (in lieu of county confinement) report will be submitted to the Indian River County Administrator showing the savings for that particular month. SLC Pretrial Supervision program will provide a full-time staff of two (2) to be located in Indian River and dedicated to the needs and services of Indian River thru December 31, 2022. The court has the authority under section 907.041, Florida Statutes, to release an arrested person on GPS/pretrial supervision if the facts and circumstances warrant such a release; and the Florida Rule of Judicial Administration 2.215 to administer the pre-trial release program described in this interlocal agreement. St. Lucie County Pretrial Program will be charged with the responsibility of providing adequate staff to ensure delivery of services consistent with the needs of the offender. Delivery of case management services will address the following components: • Attend First Appearance daily per Court Administrative Order 2020-17. • Staff will meet with the defendant upon placement/release as set forth in the Court's order instructing him/her on the conditions of release ensuring a thorough understanding of same. During the interview process, it will be determined if the defendant may benefit from self - betterment programs such as substance abuse or mental health treatment, employment re- training and transportation needs. • Clear and accurate case notations will be maintained and recorded for all personal and telephonic contacts. A query of Clerk of Court computer system will be conducted for new arrests and arraignment dates. Offender will be notified prior to all upcoming court dates and will be required to report to the pretrial supervision office on a regular basis. • Staff will refer the defendants for urinalysis testing as directed by the court and may conduct random breath analysis for presence of alcohol. Alcohol testing may be conducted in the field. All new violations of law and non-compliance with program conditions will be reported to the court via a written affidavit and request for detention order. Staff will process all pertinent paperwork with the Clerk of the Court and Sheriff's Office.