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AGREEMENT for MISDEMEANOR PROBATION SERVICES 3 l a
BETWEEN
INDIAN RIVER COUNTY
AND
CORE PROGRAM , INC .
THIS AGREEMENT for MISDEMEANOR PROBATION SERVICES
("AGREEMENT" ) is made and entered into as of this 20th day of May, 2003 by and
between INDIAN RIVER COUNTY , a political subdivision of the State of Florida
(" County" ) and CORE PROGRAM , INC . , a Florida not-for profit corporation ("CORE " ) .
BACKGROUND RECITALS
A . Pursuant to section 948 . 15 , Florida Statutes (2002 ) , the County desires to
utilize the services of a qualified private agency to provide misdemeanor probation
services in Indian River County , The County further desires to have CORE provide the
County with misdemeanor probation services , including administration of the Indian
River County Work Program and that portion of the Indian River County Community
Service Program that provides opportunities within Indian River County government ,
that are now currently administered by Indian River County Probation Division ( all of the
foregoing probation services are hereinafter referenced collectively as the " Probation
Services") .
B . CORE has provided probation services , including the Probation Services
contemplated herein , to other counties within the Nineteenth Judicial Circuit , which
includes Indian River County , for years , and is recognized as a professional agency with
the highest standards of operation .
C . The County desires that CORE provide the Probation Services to the County ,
and CORE is willing to provide the Probation Services to the County , all in accordance
with the terms and conditions set forth in this Agreement; and
D . Section 948 . 15 , Florida Statutes (2002 ) requires that any private entity
providing services for the supervision of misdemeanor probationers must contract with
the county in which the services are provided .
NOW THEREFORE , in consideration of the mutual benefits that will accrue to the
parties under this Agreement , the County and CORE agree as follows :
1 . GENERAL , The Background Recitals are true and correct and form a
material part of this Agreement . This Agreement is entered into pursuant to the
provisions of section 948 . 15 , Florida Statutes (2002 ) and section 125 . 01 , Florida
Statutes (2002 ) . The performance by CORE under this Agreement shall be subject to
all other applicable provisions of law.
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2 . MISDEMEANOR PROBATION SERVICES PROVIDED BY CORE CORE
shall provide Probation Services as follows :
2 . 1 . A representative of CORE shall be present in Indian River County Court
when court is in session for arraignments , trials , or sentencing .
2 . 2 . A CORE representative shall meet with offenders present in County Court
on the day of the imposition of probation and shall review the conditions of probation
with the offender. The CORE representative shall also provide a " Notice to Report" to
the offender. At a minimum , the Notice to Report shall outline the probation process
and the requirements of the County Court , The CORE representative shall ensure that
the offender understands the probation process and requirements and shall have the
offender acknowledge , in writing , his or her understanding .
2 . 3 . CORE shall provide qualified probation officers who shall meet in person
with each offender at least once a month for each month of such offender' s probation ,
unless extenuating circumstances exist . The mail- in probationers will report monthly
through the submission of a written monthly report which will be reviewed by the
probation officer. Follow-up communication will be handled by the probation officer
through letters , phone calls , or both . CORE probation officers shall monitor the
conditions of probation as set forth in the Indian River County Court Judges Probation
Order for each offender for compliance by the offender.
2 .4 . CORE shall use Indian River County government projects , whenever
possible , to fulfill community services probation requirements .
2058 CORE shall coordinate with and refer appropriate offenders to community
agencies that provide services including , but not limited to , GED preparation , job
services , employability skills development , vocational rehabilitation , and job assistance .
2 . 6 . CORE shall provide substance abuse prevention and intervention services
when appropriate as part of the Probation Services .
2 . 7 . CORE shall provide collection services for court ordered restitution ,
supervision fees , and any and all other offender fees . The procedure for handling this
collection shall be in accordance with methods approved by CORE ' s accountant and
auditor. This procedure shall include , but is not limited to , providing a receipt to the
offender clearly indicating the category of fee paid and following generally accepted
accounting standards for fee handling such as separation of function , cross-validation ,
daily reconciling , and independent unannounced audits by the CORE accounting
manager.
2 . 8 . The supervision and processing of all offenders by CORE shall be in
accordance with the policies and procedures accepted by the CORE Program Board of
Directors and by the American Corrections Association . CORE will strive to make a
positive impact on all offenders to prevent future involvement in the criminal justice
system .
2 . 9 . The Indian River County Work Program and the portion of the Indian River
County Community Service Program that provides opportunities within Indian River
County government are the remaining components of the Probation Services
contemplated under this Agreement . CORE shall administer the Indian River County
Work Program and the portion of the Indian River County Community Service Program
that provides opportunities within Indian River County government on the same basis as
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CORE provides Probation Services under this Agreement , to the maximum extent
practicable . A copy of the current Indian River County Work Program description ,
including the rules and liability release form , is attached to this Agreement as Exhibit A
and incorporated herein in its entirety by this reference . A copy of the current Indian
River County Community Service Program information is attached to this Agreement as
Exhibit B and incorporated herein in its entirety by this reference .
3 . County/CORE Liasons . The County and CORE each agree to appoint one
person as a liaison under this Agreement . For the purposes of this Agreement, the
County liaison shall be the County Administrator, or his designee , and the Executive
Director of CORE , or her designee , shall be the CORE liaison and any issues or
concerns with respect to this Agreement shall initially addressed by the respective
liaisons .
4 . SUPERVISON/REHABILITATION FEE . All offenders receiving probation
supervision or rehabilitation shall pay a fee to CORE in an amount to be determined by
the CORE Board of Directors . CORE shall waive fees for offenders who have been
found to be indigent and unable to pay the fee by the sentencing judge .
5 . PROCUDURE FOR REPORTING OFFENDER NON -COMPLIANT . In the
event that CORE determines that an offender has failed to comply with the conditions of
his or her probation , CORE shall file a "Violation of Probation " with the Court. The
Violation of Probation shall set forth the conditions of the Court' s Order which were not
met and shall be timely filed to maintain Court jurisdiction over the case .
6 . CORE STAFFING QUALIFICATIONS AND LEVELS . All CORE staff shall
meet the applicable essential standards established by the American Correctional
Association as of January 1 , 1991 . CORE shall conduct a criminal record check of all
staff in accordance with these standards . In addition , all CORE probation officers shall
meet the standards established by the CORE Board of Directors as set forth in its
" Personnel Manual " to include a minimum of an Associate of Arts Degree with at least
one year of law enforcement or criminal justice experience . All CORE probation officers
shall carry an average of two hundred fifty (250 ) active cases per month . CORE shall
employ a sufficient number of qualified probation officers during the term of this
Agreement to ensure that all Probation Services are timely and properly accomplished
pursuant to the terms of this Agreement .
7 . INSURANCE . CORE shall maintain accidental injury insurance with an
aggregate limit of indemnity of two hundred thousand and 00/ 100 dollars ($200 , 000 . 00 )
for any one accident for all offenders working in the Community Service Program . The
cost of the insurance shall be paid by the insured offender.
8 . AUDIT . CORE agrees that the County, the Court , the Auditor General of the
State of Florida , and the Office of Program Policy Analysis and Government
Accountability of the State of Florida , or any of their duly authorized representatives
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shall , until the expiration of three years after the termination of this Agreement , have
access to and the right to examine any directly pertinent books , documents , papers , and
records of CORE involving transactions related to this Agreement .
9 . PUBLIC RECORDS . CORE shall allow public access to all documents ,
papers , letters , or other material subject to the provisions of Chapter 119 , Florida
Statutes , and made or received by the County in conjunction with this Agreement
10 . TERM . The initial term of this Agreement shall be one ( 1 ) year. The
Agreement shall automatically renew for like terms of one ( 1 ) year unless terminated as
provided herein .
11 . TERMINATION ,
11 . 1 . Either party may terminate this Agreement, without cause , upon ninety
( 90 ) days prior written notice to the other party to this Agreement.
11 . 2 . County shall have the right to terminate this Agreement upon the
occurrence of any of the following (each an " Event of Default" ) :
. 1 Loss of non -profit corporate status by CORE ;
. 2 Institution of proceedings in bankruptcy, by or against the CORE if such
proceedings continue for a period of ninety (90 ) days and are not
dismissed , or any assignment by CORE for the benefit of creditors ;
. 3 Discontinuance of provision of Probation Services under this Agreement
for more than five (5 ) consecutive days ; or
. 4 Default of, non -performance of, or other non -compliance with , any term ,
covenant or condition of any nature whatsoever under this Agreement to
be performed by CORE .
11 . 3 . Upon the occurrence of an Event of Default , the County shall send a
written notice to CORE , in the manner set forth in this Agreement , setting forth the
Event of Default in specific detail and the date this Agreement shall terminate in the
event CORE does not cure the default. Within thirty (30 ) days following receipt of a
default notice , CORE shall have cured the default to the reasonable satisfaction of
County. In the event CORE fails to cure the Event of Default within thirty (30 ) days , this
Agreement shall be deemed to be terminated with no further action by the County , other
than written notice from the County to CORE of termination .
11 .4 . CORE shall have the right, upon providing thirty (30 ) days prior written
notice to the County in the manner set forth in this Agreement , to terminate this
Agreement at any time after the occurrence of a breach by the County of any of the
terms , covenants or conditions contained in this Agreement to be performed by the
County and the failure of the County to remedy such breach for a period of thirty (30 )
calendar days after receipt of written notice thereof.
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12 . QUARTERLY REPORTS . CORE shall supply the Chief Judge of the
Nineteenth Judicial Circuit and the County Administrator with a quarterly report
summarizing the number of offenders supervised by CORE , payment of the required
contribution under supervision or rehabilitation , and the number of offenders for whom
supervision or rehabilitation shall be terminated . In addition , all records of CORE must
be open to inspection upon the request of the County, the Indian River County Court ,
the Auditor General and the Office of Program Policy Analysis and Government
Accountability of the State of Florida , or agents thereof.
13 . INDEMNIFICATION . CORE covenants and agrees at all times to save , hold ,
and keep harmless the County , its officials , employees , agents , and volunteers and
indemnify the County, its officials , officers , employees , agents , and volunteers against
any and all claims , demands , penalties , judgments , court costs , attorneys fees , and
liability of every kind and nature whatsoever arising out of or in any way connected with
or arising out of the performance of this Agreement .
14 . NOTICES . All notices under this Agreement shall in writing and shall be
given or made in writing and shall be served (as elected by the party giving such notice )
by any of the following methods : ( i ) hand delivery ; ( ii ) delivery by commercial overnight
courier service ; (iii ) mailed by registered or certified mail (postage prepaid ) , return
receipt requested ; or ( iv ) faxed . Notice given in accordance with the provisions of this
paragraph shall be deemed to be delivered and effective on the date of hand delivery or
on the second day after the date of the deposit with an overnight courier or on the date
upon which the return receipt is signed or delivery is refused or the notice is designated
by the postal authorities as not delivered if mailed . Facsimile transmission is effective
when received , provided , however, that facsimile transmissions received (i . e . printed ) after
5 : 00 p . m . or on weekends or holidays , will be deemed received on the next day that is not
a weekend day or a holiday. Changes in the respective address to which such notice is to
be directed may be made from time to time by written notice . For purposes of notice the
addresses are as follows or such other addresses as any party may designate by notice
complying with the terms of this section :
AS TO INDIAN RIVER COUNTY : AS TO CORE :
County Administrator Executive Director
1840 25th Street Post Office Box 1650
Vero Beach , FL 32960 905 Johnson Avenue
Stuart, FL 34995
15 . ASSIGNMENT . Neither party shall assign this Agreement to any other
persons or firm without first obtaining the other party' s prior written approval .
16 . INTERPRETATION : VENUE : SEVERABILITY . This Agreement constitutes
the entire agreement between the parties with respect to the subject matter hereof and
supersedes all prior or written agreements between the parties with respect thereto .
This Agreement may only be amended by written document, properly authorized ,
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executed , and delivered by both parties hereto . This Agreement shall be interpreted as
a whole unit and section headings are for convenience only . All interpretations shall be
governed by the laws of the State of Florida . In the event it is necessary for either party
to initiate legal action regarding this Agreement , venue shall be in the Nineteenth
Judicial Circuit for Indian River County , Florida , for claims under state law and the
Southern District of Florida for any claims which are justiciable in federal court . If any
provision , section , or paragraph of this Agreement is determined by a court of
competent jurisdiction to be void , illegal , or unenforceable , the remaining portions not
found to be void , illegal , or unenforceable , shall remain in full force and effect .
IN WITNESS WHEREOF , the County and CORE have caused this Agreement to
be executed by its duly authorized officers as of the date first set forth above .
ATTEST : J . K . Barton , C rk INDIAN RIVER COUNTY
Board of ounty Commissioners
By _ By, j
Deputy Clerk Kenneth R . Macht , Chai man
BCC approved May 20 , 2003
Approved : p Wved as to form and legal su id nc
James E . Chandler Fell
County Administrator Assistant County Attorney
ATTEST : COMPREHENSIVE OFFENDER
REHABILITAION AND EDUCATION
PROGRAM , INC .
BY :
( .�
Secretary Margot Cioffi
Executive Director
Indian River Co. Approved Date
Administration /
Legal
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EXHIBIT A .
Indian River County - Board of County Commissioners
General Services Department
Probation Division
1840 25`x' ,Street, Room 118, Vero Beach, F132960-3365
Telephone: 561-567-8000 Ext. 1317 Fax: 5614770-5095
IRC WORK PROGRAM
Indian River County Probation Division has functioned as the administrator of the Indian River County
Work Program since 1985 . This program provides a cost-effective alternative to a county jail sentence
for defendants sentenced in County and Circuit Court . Participants work for various divisions within
the county and tax- exempt entities . As a result of this program, Indian River County has non-
incarcerated offenders working seven days a week on various County projects , including lawn
maintenance of all county properties , roadside litter pickup, general maintenance at the county golf
course and parks , and assistance at the Solid Waste Disposal Districts Transfer Stations . These man-
hours of labor benefit all the taxpayers in Indian River County.
A copy cf the rules for the participants is attached.
For your information some of the differences between Sheriffs Weekend Program and IRC Work
Program are as follows :
Sheriffs WeekEnd Program IRC Work Pro rain
All participants must work both Saturday and Sunday Participants can work any combination of
days ordered by the court on any day of the
week- minim .,m one ( 1 ) day per week
Each participant must pay $ 10 for that day to work Participants are allowed to work without
paying, but can not complete sentence
without paying - $ 5 . 00 per day
Participants work all weekends, even major holidays Participants do not work on holidays or
holiday weekends honored by Indian River
County
The days worked do not change Because participant's work schedules
change, the participants must schedule in
advance the days they will work.
A suggested sentencing statement might be
"You will serve days on the IRC Work Program, in lieu of a county jail sentence, at a
minimum rate of day(s) per week each consecutive week until this sentence is complete to
begin the week of *. You will pay a Work Program Supervisory fee of $5. 00 per day. "
* The workweek runs from Monday through Sunday. A Monday date is used here . ,
RULES GOVERNING WORK PROGRAM PARTICIPANTS
INDIAN RIVER COUNTY PROBATION
1840 25TH Street, Room 118, Vero Beach , Florida 32960-3365
(772) 567.8000 Ext' s 1316, 1317 and 1310 FAX (772) 770-5095
1 . Work participants must work a minimum of 1 day per week unless otherwise ordered . The sentence begins the first week
following sentencing and continues each consecutive week until completed . Working more days than the minimum ordered in
one week shall not exempt the participant from working at least the minimum days ordered in future weeks . Participants will
pay a
supervisory fee in the amount of $5 . 00 per day. IRC Probation and CORE participants will pay a $20. 00 Insurance fee.
2 . Each participant must schedule, in advance, at Indian River County Probation Office, by 4 : 00 PM on Thursdays the day(s) he/she
will work the following week. A participant can only work on his/her scheduled days . If participant is not on the schedule ,
the
participant can not work.
3 . There will be no gambling , no fighting, no weapons . Participants must be alcohol and drug free . Participants shall abide
by all
established laws and will be subject to periodic searches .
4 . Participants shall follow instructions given by supervisors . Participants will be respectful to other participants, supervisors
and the
general public . Threats or sexual harassment will not be tolerated . Obscene or abusive language is not acceptable .
5 . Each participant will be responsible for proper care of assigned equipment and/or supplies and shall remain in authorized areas
only. Safety and sanitation rules are to be obeyed .
6 . The work day begins at 7:30 AM and ends at 3 :30 PM . Each participant should bring his/her own lunch . Vehicles
are to be parked in employee lots . No phones are available on the weekend . During the week, County phones are
not available for use by participants . Pay phones can be used -before or after work hours .
7 . Work locations :
Monday through Friday - County Administration Building (Buildings & Grounds)
1840 25th Street, Vero Beach , FL
( REPORT TO NORTH OR 26TH ST . ENTRANCE)
Saturday and Sunday - Road & Bridge Compound,
4625 41 It Street, Vero Beach , Florida
8 . Proper attire for all participants consists of:
A. Shirt with sleeves — no tank tops .
B . Long pants — no shorts .
C . Full shoes — no open toed footwear.
9 . All participants will be issued a safety vest which must be wom at all times .
10 . Participants with physical limitations , for work purposes , will be required-to bring medical verification so appropriate
work assignments can be made .
11 . All absences will be reported to the Probation Officer and the Court having jurisdiction over the participants case .
VIOLATION OF THE PRECEDING RULES MAY RESULT IN A VIOLATION OF PROBATION ,
PARTICIPANT'S SIGNATURE DATE
PROBATION OFFICER' S SIGNATURE DATE
rev 01 . 15 . 03
1 EXHIBIT A
BELOW YOU WILL FIND A LIST OF THE `2003 ' HOLIDAY CLOSURE DATES FOR THE INDIAN
RIVER COUNTY WORK PROGRAM,
HOLIDAY : WORK PROGRAM CLOSURE DATES
NEW YEARS JANUARY 1 , 2003
GOOD FRIDAY / EASTER APRIL 18, 19; 20.
MEMORIAL DAY MAY 24, 25 , '26
INDEPENDENCE DAY JULY 42 ' 52 6
LABOR DAY AUGUST 30, 31 & SEPTEMBER 1
VETERAN' S DAY NOVEMBER 11
THANKSGIVING NOVEMBER 27, 28 ; 293 30
CHRISTMAS DECEMBER 24, 25 , 26.127, 28
N
43RD
COUNTY AVE W E
ROAD &
BRIDGE
REPORTING
SITE
S
41 st STREET TRAFFIC 41 st STREET
LIGHT
VACANT
HUMANE PARKING SHERIFF'S
SOCIETY LOT FOR DEPT
WORK
PROGRAM 43RD
AVE
INDIAN RIVER
COUNTY JAIL
WP HOLIDAYS
11 /02
INDIAN RIVER COUNTY
WORK PROGRAM
LIABILITY RELEASE FORM
I,
having been sentenced in County / Circuit Court, hereby release Indian River
County from any liability from my participating in the Work Program.
To the best of my knowledge, I certify that I am in good physical condition
and suffer from no serious illness , disease or condition that will affect my ability to
perform assigned tasks on the Indian River County Work Program .
Participant ' s Signature & Date
Probation Officer ' s Signature & Date
Liability release . Form 01 . 02 san
EXHIBIT B
INDIAN RIVER COUNTY PROBATION OFFICE
1840 25TH STREET, ROOM 118 , VERO BEACH, FLORIDA
(772) 567 - 8000 Ext, 1316 / 1317 / 1310
CASE NAME : CASE #
HOURS TO BE WORKED COMPLETION DATE
RECORD OF COMMUNITY SERVICE HOURS
DATE TIME IN TIME OUT # OF HOURS SUPERVISORS SIGNATURE
PROVIDER / NON-PROFIT AGENCY
ADDRESS
VOLUNTEER COORDINATOR
PHONE #
COMMUNITY SERVICE IS VOLUNTEER (NOT PAID) WORK FOR A CHURCH, A
GOVERNMENT AGENCY OR A NON-PROFIT ORGANIZATION.
CSH.FORM. 10/02
UUMMUNITY SERVICE RESOURCES
COMPANY STREET ADDRESS PHONE
American Red Cross 2605 170' Avenue 562-2549
Association for Retarded Citizens 1375 16th Avenue 562-6854
Fellsmere Medical Center 12196 CR 512 571 -9827
Fellsmere Police Department 22 S . Orange Street 571 -0116
Gifford Community Center 4855 43d Avenue 567- 1435
Gifford Park/Youth Activities Center 4875 43rd Avenue 794- 1005
Goodwill Industries 644 21St Street 770-3330
Habitat for Humanity 2345 l 8"' Avenue 562-9860
Headstart - Douglas Center 8445 64 h Avenue 589- 8008 (No Felony Arrests)
Homeless Shelter & Assistance Center 720 4bStreet, Shelter 567-5537
2525 St. Lucie Av. , Assistance 567-2766
Humane Society 4701 41st Street 567-2309 ( 18 yrs or older, no
felony or drug arrests)
Humane Society Thrift Shop 4445 20a' Street 567-2044
Indian River County 1840 25th Street, Rm. 118 5674000, ext. 1310 / 1316 / 1317
Indian River County Transfer Stations Fellsmere 571 -0483
Gifford 770-5044
Oslo 770-5115
Roseland 388-2780
Winter Beach 770-5094
IRS Public Safety 6001 Hwy A- 1 -A 231 -4699
Our Father ' s Table Soup Kitchen 4221 28 b Avenue 562-6268
(work hours available 10: 30 am — 1 : 30 pm) 564-9924 (John May)
Samaritan Center 3650 46tb Street 770-2900
Sandridge Golf Course 5300 73r' St 770-5000
Sebastian, City of Ralph Brescia 589-3339
Brian Gieziak 388 -3339
Sebastian Inlet Park 9700 S . AlA 984-4852
Sebastian Police Department 1201 Main Street 589-5233
The Source, I AM Ministries, Inc . 1872 Commerce Ave 564-0202
VNA - Hospice Thrift Store 1424 16t'' Street 563 -0010
Also : Any Church, Government Agency, or Non-Profit Organization
07/02 san
EXHIBIT B _
Substance Abuse Council—
of
education awareness prevention referral
ADULT COURT ORDERED COM AUNITY SERVICE
Board of Directors COURT ORDERED PROGRAM AWARE
LorraineAprileS NO
Louis Aprile l�
Off. David Bailey
Joe Coakley
Rev. Robert Cosmas Name: Date:
Robin Dapp, LM.H.C. Address/City/State/Zip:
Chief Jim Davis Home Phone: Business Phone : Ext.
Det, Robert K Foress Best time of day to contact you:
Off. Paul Graves Community Service Verification Fee $25.00 payable to the Substance Abuse
William Hannlonlon
Alyssa Ha Council . Cash or Money Order
Donald McCarthy
Jim McKee Court Information (must be completed)
Carol Molloy Number of hours required Date of Completion
Judge David Morgan Name of Probation Officer
Beckie Selph Case #
CharleneTardi
Virginia Welton Nature of the Offense
Advisory Board
Dr. Paul Bakule Times you are available (Mon, — Sun. , Morning, Afternoon, Eves.)
Jeffrey Barton
Bruce Colton
Dr. Roger Dearing
Chief James Gabbard
Judge Paul B. Kanarek
Diamond Litty List skills or interests which you would like to be taken into consideration for
Harry Offutt, CPA placement, if possible.
Sheriff Roy Raymond
Bonnie Swanson
Capt RobertWalla
Tom White
The Honorable Judge *' program Aware is six group sessions. The cost is $15.00 per
LB. "Buck" Vocelle session, payable in cash at the Substance Abuse Council. You
1989-1996 will receive hour for hour credit toward your community service
hours.
"Community Servke Verification fee $25.00PaY able in cash to the
At SubstanceAbuse Council.
HOURS : MONDAY — .FRIDAY 8 :30 A:M. — 4:30 P"M.
2501 27th Avenue, Suite A-7 Vero Beach, FL 32960 Phone (561 ) 770-4811 Fax (561 ) 770-4822