Okaloosa County BOCC — June 7, 2016 — Veterans' Court Coordinator Agreement 7-1-16 to 6-30-17 — reading text

AGREEMENT FOR THE FUNDING OF COURT PERSONNEL BETWEEN THE FIRST JUDICIAL CIRCUIT OF FLORIDA AND OKALOOSA COUNTY, FLORIDA This Agreement is entered into by and between Okaloosa County, (“County™), a political subdivision of the State of Florida having its principal place of business at 1250 North Eglin Parkway, Suite 102, Shalimar, FL 32579, and the First Judicial Circuit of Florida (“Court™) having its principal place of business at 190 Governmental Center, Pensacola, FL. 32502. RECITALS WHEREAS, pursuant to section 29.0081, Florida Statutes, the County and the Court agree that the County will fund in part the position of Veterans Court Coordinator (“Coordinator”) to assist in the operation of the Court’s Veterans' Court Program in Okaloosa County; and WHEREAS the County and Court desire to enter into a relationship whereby the County shall provide the funding for the Coordinator on the terms and subject to the conditions set forth herein and in section 29.0081, Florida Statutes. NOW THEREFORE, in consideration of the above recitals and in consideration of the mutual agreements and undertakings set forth below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I - COUNTY FUNDING OF COURT PERSONNEL 1.1 The County agrees to provide funding for the existing Coordinator position within the Okaloosa County Veterans Court Program from the effective date of this Agreement through the court fiscal-year ending June 30, 2017. 1.2 The County shall provide 40 hours per week salary and all applicable benetits, to include but not limited to additional holiday pay, FICA, life and health insurance and retirement, to the already existing Coordinator position, effective July 1, 2016. ARTICLE IT - RESPONSIBILITIES AND SUPERVISION 2.1 The Coordinator position funded under this agreement shall be hired, supervised, managed, and fired by personnel of the Court. The County shall be considered the employer for purposes of section 440.10, F.S. (workers’ compensation) and Chapter 443 (unemployment benefits). 2.2 The Court shall supervise the Coordinator whose employment is funded in part under this agreement. The Court shall be responsible for compliance with all requirements of federal and state employment laws, including, but not limited to, Title VII of the Civil Rights Act of 1964, Title I of the Americans with Disabilities Act, 42 U.S.C. 5. 1983, the Family Medical Leave Act, the Fair Labor Standards Act, chapters 447 and 760, and ss. 112.3187, 440.103, and 440.2035; and fully indemnify the County from any liability under such laws, as authorized by s. 768.28(19), to the extent such liability is the result of the acts or omissions of the Court or its agents or employees. ARTICLE Il - COST REIMBURSEMENT 3.1 The Court agrees to reimburse the County for salary and employment benefits costs for the Coordinator position not to exceed the amounts as listed in Exhibit A, attached to and incorporated in to this Agreement. The County shall provide documents evidencing the expenses paid for the position and send the Court an invoice the first day of each month for all related costs incurred the preceding month as identified in Exhibit A. The County shall mail such invoices to Cathy White, Drug Court Manager, 100 W. Maxwell Street, Pensacola, FL 32502. Payments will be due and payable within 30 days of receipt of invoice and supporting documentation as requested by the Court. The Court will initiate prompt payment procedures upon receipt of a written invoice, submitted in detail sufficient for a proper pre and post-audit. Payment will be made pursuant to Section 215.422, Florida Statutes. ARTICLE IV - TERMINATION 4.1 This Agreement shall continue in full force and effect until June 30, 2017, and may be renewed for two (2) additional one (1) year terms aligning with the court’s fiscal-year, upon mutual written agreement of the parties. Either party may terminate this Agreement with or without cause upon sixty (60) days’ notice to the other party. 4.2 Upon termination or expiration of this Agreement, the County shall provide a final invoice for reimbursement and transfer any requested documents or data to Court. The position terminates upon the expiration of, or substantial breach of, the agreement or upon the expiration of county funding for the position. 4.3. Each party shall return to the other party all copies of any Confidential Information or other materials received from the other party; ARTICLE V — MISCELLANEQUS 5:1 This Agreement and all rights and duties hereunder may not be assigned, delegated, or otherwise encumbered by any party without the prior written consent of the other party. 5.2 All notices, requests, or other communications required or permitted to be given hereunder or which are given with respect to this Agreement shall be in writing (including telecopy) and, unless otherwise expressly provided herein, shall be delivered (a) by hand during normal business hours, (b) by Federal Express, United Parcel Service or other reputable overnight commercial delivery service (collectively, “overnight courier™), (¢) by registered or certified mail (return receipt requested) or (d) by telecopy, addressed as follows: If to County: Okaloosa County Board of County Commissioners 1250 North Eglin Parkway — Suite 102 Shalimar, FL 32579 Telephone No.: §50/651-7575 Facsimile No.: 850/651-7551 Email: jhofstad@co.okaloosa.fl.us ATTN: John Hofstad o If to Court: The First Judicial Circuit Florida 190 Governmental Center Pensacola, FL. 32502 ATTN: Will Moore Telephone No.: (850) 595-4400 Email: will.moore@ flcourts1.gov Facsimile No.: (850) 595-0360 All notices required by this agreement shall be in writing to the representative listed above with a courtesy copy to the following: Joanne Kublik Contracts & Leases Coordinator Okaloosa County Purchasing Department 5479A Old Bethel Road Crestview, FL 32536 850-689-5960/ 850-689-5998 (FAX) Email: JKublik{@co.okaloosa.fl.us Any such notice shall be effective for purposes of determining compliance with the time requirements herein (a) at the time of personal delivery, if delivered by hand, (b) at the time accepted for overnight delivery by the overnight courier, if delivered by overnight courier, (c) at the time of deposit in the United States mail, postage fully prepaid, if delivered by registered or certified mail, or (d) at the time of confirmation of receipt, if delivered by telecopy. In addition to the chosen notification method, the parties shall provide courtesy notice of the communication by electronic mail to the email address provided. If either party changes its address or contact person for purposes of notices hereunder, such party shall give written notice of such change to the other party 5.3 This Agreement shall constitute the entire agreement between the parties hereto and shall supersede any other agreements whether oral or written, express or implied, as they pertain to the transactions contemplated herein. No revision, change, amendment, addendum or modification of this Agreement shall be effective unless made in writing and signed by both of the parties hereto. 5.4 This Agreement shall be construed and governed in accordance with the laws of the State of Florida. In the event any legal action becomes necessary to enforce or interpret the terms of this Agreement, including but not limited to any applications for temporary restraining orders, temporary or permanent injunctions, the parties agree that such action will be brought in the Okaloosa County Circuit Court and the parties hereby submit to the exclusive jurisdiction of said Courts. 5.5 If any provision of this Agreement is found by any Court of competent jurisdiction to be invalid or unenforeeable, such provision shall be deemed to be modified to the minimum extent necessary to cause it to be valid and enforceable and the invalidity or unenforceability of such provision prior to such modification shall not affect the other provisions of this Agreement and all provisions not affected by the invalidity or unenforceability shall remain in tull force and effect. 5.6 Itis specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a 3 third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintai n a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. 5.7 The parties shall allow public access to all documents, records and other materials, subject to the provisions of Chapter 119, Florida Statutes, prepared or received by either party in conjunction with this Agreement. PUBLIC RECORDS 5.7.1 IF THE COURT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE COURT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT OKALOOSA COUNTY RISK MANAGEMENT DEPARTMENT 5479 OLD BETHEL ROAD CRESTVIEW, FL 32536 PHONE: (850) 689-5977 riskinfo@co.okaloosa.fl.us. Court must comply with the public records laws, Florida Statute chapter 119, specifically Court must: % Z below. Keep and maintain public records required by the County to perform the service. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119 Florida Statutes or as otherwise provided by law. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Court or keep and maintain public records required by the County to perform the service. If the Court transfers all public records to the public agency upon completion of the contract, the Court shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Court keeps and maintains public records upon completion of the contract, the Court shall meet all applicable requirements for retaining the public records. All records stored electronically must be provided to the public agency, upon the request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. IN WITNESS WHEREOF, the Court and County have executed this Agreement on the dates shown The First Judicial Circuit of Florida By: /%". /7)‘ M/W Date: {Aé /[‘ Its: Robin M. Wright Wl . |4 “ Witness Witness .Okaloosa County By: Its: Charles K. Windes, Jr., Chairman ATTEST: J.D. Peacock, I, Clerk Date: EXHIBIT *A”» PERSONNEL COSTS The personnel costs for the Coordinator position applicable for this Program are: Annual Salary: $36,483.20 FICA (6.2%) $2,261.96 Medicare (1.45%) $529.01 Retirement (7.30%) $2,743.54 Health $10,038.48 Dental $338.88 Life $39.12 Disability $42.00 Workers Comp $83.91 TOTAL APPROXIMATE COST $52,560.09 6