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HomeMy WebLinkAbout2026-135AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THRIVE, INC. TO PROVIDE JUVENILE DIVERSION PROGRAMS THIS AGREEMENT (the "Agreement") is made and entered into this 4th day of A i. t , 2026, by and between Indian River County, a political subdivision of the State of Florida (hereinafter the "County"), and the Thrive, Inc. (hereinafter the "Thrive"). WHEREAS, Pursuant to Section 939.185, Florida Statutes, the County collects fees specifically for the operation and administration of juvenile alternative programs; and, WHEREAS, In 2018 the County entered an agreement with the Florida Department of Juvenile Justice (DJJ) to assist the County to provide juvenile alternative programs (civil citation or other diversion programs) and to receive funds to use for operation and administration of such programs; and WHEREAS, DJJ separately contracted with Thrive (formerly Substance Awareness Council) to provide a Juvenile Diversion Program/Pre-Arrest Delinquency Citation program pursuant to 939.185; and WHEREAS, DJJ informed County that it wished to terminate the agreement as of March 31, 2026; and WHEREAS, Thrive has continued providing services in the interim and has agreed to continue providing the same services directly for the County moving forward under the same funding; and WHEREAS, The parties agree that the services are necessary and provide invaluable assistance to at -risk youth. NOW, THEREFORE, in consideration of these premises and mutual covenants contained herein, the parties agree as follows: 1. GENERAL This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal, or written, between the parties hereto. The above recitals are true and correct. 2. COUNTY The County agrees to provide funds on an annual basis to Thrive to provide juvenile alternative programs (civil citation or other diversion programs) for Indian River County. 3. THRIVE, INC. Thrive agrees to receive funds annually at the close of the fiscal year, in an amount equal to one- third of the Additional Court Costs Fund (Fund 141) revenues, for services provided during the previous fiscal year. Services include assessment of service needs; Individual Service Plan; Case Management; Restitution Collection; Community Service Oversight; Delinquency Interventions and/or Mental Health or Substance Abuse services. Thrive will provide an annual report on the results of the program operation. The report is to be provided annually no later than ninety (90) days after October 1. The report, shall at a minimum, contain the following information: 1. Number of youth admitted in the fiscal year 2. Number of youth who completed the program in the fiscal year 3. Number of youth who offended during services in the fiscal year. 4. TERM OF AGREEMENT This Agreement shall be effective beginning on the date on April 1, 2026. This Agreement shall automatically renew on an annual basis unless either party gives at least sixty (60) days advance written notice of its intent to terminate the agreement at the end of the then existing term. 5. TERMINATION This Agreement shall terminate automatically upon mutual written agreement of the parties. Either party may terminate the Agreement with a ninety (90) day's prior written notice to the other party. 6. NOTICES All notices required or permitted are to be given under the terms and provisions of this Agreement by either party to the other shall be in writing and shall be sent by registered or certified mail, return receipt requested, to the parties as follows: As to THRIVE: Carrie Lester 2300 5th Ave, Suite 103 Vero Beach, 32960 As to the County: With a copy to: Indian River County Administrator Indian River County Attorney 1801 27th Ave., Building A 1801 27`h Ave., Building A Vero Beach, Florida 32960 Vero Beach, Florida 32960 or to such other address as may hereafter be provided by the parties in writing. Notices by registered or certified mail shall be deemed received on the delivery date indicated by the U.S. Postal Service on the return receipt. 7. WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. 8. INVALIDITY OF PROVISIONS The invalidity of one or more of the phrases, sentences, clauses, or Articles contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided that the material purposes of this Agreement can be determined and effectuated. 9. PUBLIC RECORDS Thrive understands Florida has very broad public records laws. Thrive agrees to comply with any request for this public records or documents related to this Contract, in accordance with Section 119.07, Florida Statutes. Upon such a request, the County or Thrive, as the case may be, will promptly inform the other Party of the request and, upon request of the other Party, provide electronic copies of the responsive public records provided, at no additional cost to the County or Thrive, as the case may be. Thrive agrees and understands any written communications with Thrive, to include emails, email addresses, a copy of this contract, and any supporting Agreement documentation are subject to public disclosure upon request, unless otherwise exempt or confidential under Florida Statute. IF THRIVE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Indian River County Office of the County Attorney, 1801 27h1 Street, Vero Beach FL, 32960, (772)226-1424, publicrecords@indianriver.gov. 10. WHOLE UNDERSTANDING This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 11. AMENDMENTS The Agreement may only be amended by a written document signed by all parties. 12. EMPLOYMENT ELIGIBILITY VERIFICATION (E -VERIFY) Thrive is registered with and will use the Department of Homeland Security's E -Verify system (www.c-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, Florida Statute. 13. SCRUTINIZED COMPANIES Thrive certifies that it and those related entities of Thrive as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, and are not engaged in a boycott of Israel. Customer may terminate this agreement if Thrive, including all wholly owned subsidiaries, majority -owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statute. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized representative(s) on the latest day and year noted below. BOARD OF COUNTY �ti;Missj` COMMISSIONERS °�i D^'F9 •. 'DI RIVER COUNTY FI)kAA s , ATT T: YY�.d BY: _ * ` Deputy Clerk Char Deryl Loar, Chairman ••: Date: Att 4, 2D26 APPROVED Ate) FORM AND BY Thri BY: Can