Item C33
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 16. 2009 Division: County Administrator
Bulk Item: Yes -X... No - Department: OMB
Staff Contact PersonlPhone Ernie Coughlin X4315
AGENDA ITEM WORDING: Approval of an agreement between Legal Services of Greater Miami,
Inc. DBA Legal Services of the Florida Keys and Monroe County for five years. The current
agreement expires September 30,2009.
ITEM BACKGROUND: Revision 7 of Article Fiveofthe Florida Constitution made several changes
to the funding of certain court related programs. Section 939.185 assessment of additional court costs
created Monroe County Ordinance 016-2004. Section 2-605 of the Ordinance (b) 2. indicates "(25%)
shall be allocated to fund legal aid programs in Monroe County consistent with section 29.008(3),
Florida Statutes."
PREVIOUS RELEVANT BOCC ACTION:
Approved interlocal agreement December 15,2004 BOCC meeting. Ordinance 016-2004 took effect
on July 1, 2004.
CONTRACT/AGREEMENT CHANGES:
Previously, Legal Aid programs were funded through filing fees of $5.50 in any civil action filed in
Circuit Court of the County and $3.00 in County Court.
STAFF RECOMMENDATIONS: Approval
TOT AL COST: TBD BUDGETED: Yes ..lL No -
COST TO COUNTY: SOURCE OF FUNDS: additional court costs
REVENUE PRODUCING: Yes - No X AMOUNT PER MONTH - Year
-
APPROVED BY: County Alty 1L-~M7ng X- Risk Management X
DOCUMENT A TION: Included X To Follow_ Not Required_
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Legal Services of Greater Effective Date: 10/112009
Miami, Inc.
Expiration Date: 9/30/2014
Contract Purpose/Description: Approval of an agreement to provide legal aid funding in
accordance with Monroe County Ordinance 016-2004, and consistent with section 29.008 (3)(a)
Florida Statutes.
Contract Manager: Tina Boan 4472 OMB
(Name) (Ext. ) (Department)
for BOCC meeting on 9/16/2009 Agenda Deadline: 9/1/2009
CONTRACT COSTS
Total Dollar Value of Contract: $TBD Current Year Portion: Approx.$46,000 Oct.-
Sept. 2010 Ord.016-2004 collections.
Budgeted? Yes XX No Account Codes: 158-04586-530340
Grant: $0.00
County Match: $0.00
ADDITIONAL COSTS
Estimated Ongoing Costs: $ For:
(Not included in dollar value above) (eg. Maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
~n Needed 9/Ja
Division Director I tJ?f YesD No
Risk Manag\rent ~1 YesDNo0 ?~
oiBjPu~1fn~ ~ YesD Noif ~~~ ~~
County Attorney q; YesD NoG;;Y 5'/* f1,
Comments: -
OMB Form Revised 9/11/95 MCP #2
.
AGREEMENT-LEGAL AID FUNDING
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND
LEGAL SERVICES OF GREATER MIAMI, INC. DBA LEGAL SERVICES OF THE
FLORIDA KEYS
WHEREAS, Legal Services of Greater Miami, Inc. a non-profit corporation
operates Legal Services of the Florida Keys, the County Regional office which provides
free legal services to indigent individuals throughout Monroe County, Florida. Legal
Services of the Florida Keys serves clients with civil legal problems primarily in the
areas of housing, employment and economic security, and family and education law;
WHEREAS, the Board of County Commissioners enacted Ordinance No. 016-
2004 assessing additional court costs of $65 for certain misdemeanor, felony, and
criminal traffic violations; and
WHEREAS, the Board of County Commissioners, under the authority of
Chapter 2004-265, Laws of Florida, directed that twenty-five percent of the funds
collected shall be allocated to assist counties in providing Legal aid programs required
under s. 29.008 (3) (a);
NOW THEREFORE the Board of County Commissioners of Monroe County and
Legal Services of the Florida Keys enter into this agreement as follows:
1. PAYMENTS.
a) Initial Payment. Upon execution of this agreement by both parties, the
Clerk of Court shall remit to Legal Services of Greater Miami, Inc. twenty-five percent
of the additional court costs from the effective date of Ordinance No. 016-2004 (July
1, 2004) until the effective date of this agreement.
b) Quarterly Payments. Thereafter, the Clerk of Court shall remit the same
percentage of additional court costs to Legal Services of Greater Miami, Inc. on a
quarterly basis.
c) Repayment. Pursuant to the enabling legislation, any unspent
funds at the close of the county fiscal year shall be remitted back to the Clerk
for allocation in accordance with F.S. 939.185(1)(a)1.
2. TERM. The term of this agreement is for five years and commences on
October 1, 2009 and ends September 30, 2014, unless earlier terminated under the
provisions of this agreement.
3. EARLY TERMINATION. Either party may terminate this agreement at
the end of any fiscal year after providing the other party at least ninety days advance
.
written notice of its intent. In the event that representation of Monroe County declines
more than 50% due to the closure of the Legal Services Key West office, the County
may give thirty (30) days written notice to Legal Services of the Florida Keys of
termination of this agreement.
4. RECORDS AND REPORTS. Legal Services of the Florida Keys shall
maintain records of its receipts and expenditures for the Legal Aid Program. These
records shall be open for examination by the Clerk of Court, and shall be subject to
annual external audit as required by law.
a) Public Access. The County and Legal Services of the Florida Keys shall
allow and permit reasonable access to, and inspection of, all documents, papers,
letters or other materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and
Legal Services of the Florida Keys in conjunction with this Agreement; and the County
shall have the right to unilaterally cancel this Agreement upon violation of this
provision by Legal Services of the Florida Keys.
b) Quarterly Reports. Pursuant to State Statute, the County is
required to make quarterly reports, including an itemized list of
expenditures. Within twenty (20) days after the close of each quarter, Legal
Services of Greater Miami, Inc. shall provide to the County Clerk the required
list of itemized expenditures, and shall deliver to the persons designated for
notice to the County a report that identifies the number of Monroe County
residents for whom services were rendered and how many 16th Judicial
Circuit court appearances were made on behalf of Monroe County residents
in the quarter just ended.
5. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the
terms of this agreement shall be only amended in writing and approved by the Board
of County Commissioners for Monroe County. The terms, covenants, conditions,
and provisions of this Agreement shall bind and inure to the benefit of the County and
Legal Services of the Florida Keys and their respective legal representatives,
successors, and assigns.
6. INDEPENDENT CONTRACTOR. At all times and for all purposes
hereunder, Legal Services of the Florida Keys is an independent contractor and not an
employee of the Board of County Commissioners of Monroe County. No statement
contained in this agreement shall be construed as to find Legal Services of the Florida
Keys or any of its employees, contractors, servants or agents to be the employees of
the Board of County Commissioners of Monroe County, and they shall be entitled to
none of the rights, privileges or benefits of employees of Monroe County.
(a) No Personal Liability. No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or employee
of Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject
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to any personal liability or accountability by reason of the execution of this
Agreement.
7. HOLD HARMLESS/INDEMNIFICATION. Legal Services of the Florida
Keys hereby agree to indemnify and hold harmless the County and any of its officers
and employees from and against any and all claims, liabilities, litigation, causes of
action, damages, costs, expenses (including but not limited to fees and expenses
arising from any factual investigation, discovery or preparation for litigation), and the
payment of any and all of the foregoing or any demands, settlements or judgments
arising directly or indirectly under this agreement.
(a) Non-Waiver of Immunity. Notwithstanding the provisions of Sec.
786.28, Florida Statutes, the participation of the County and Legal Services of the
Florida Keys in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability
coverage, nor shall any contract entered into by the County be required to contain
any provision for waiver.
(b) Privileges and Immunities. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief,
disability, workers' compensation, and other benefits which apply to the activity of
officers, agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits
of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
10. NONDISCRIMINATION. The County and Legal Services of the Florida
Keys agree that there will be no discrimination against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any
further action on the part of any party, effective the date of the court order. County
and Legal Services of the Florida Keys agree to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352)
which prohibits discrimination on the basis of race, color or national origin; 2) Title IX
of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age;
5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
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abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.),
as amended, relating to nondiscrimination in the sale, rental or financing of housing;
9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe
amended from time to time, relating to nondiscrimination on the basis of disability;
10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of
race, color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identity or expression, familial status or age; and 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
11. ENTIRE AGREEMENT. This agreement constitutes the entire agreement
of the parties hereto with respect to the subject matter hereof and supersedes any
and all prior agreements with respect to such subject matter between Legal Services
of the Florida Keys and the County.
12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES.
This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida applicable to contracts made and to be performed entirely in the
State.
(a) Venue. In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of this Agreement, the
County and Legal Services of the Florida Keys agree that venue will lie in the
appropriate court or before the appropriate administrative body in Monroe County,
Florida.
(b) Mediation. The County and Legal Services of the Florida Keys agree that,
in the event of conflicting interpretations of the terms or a term of this Agreement by
or between any of them the issue shall be submitted to mediation prior to the
institution of any other administrative or legal proceeding.
(e) Severability . If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be
declared invalid or unenforceable to any extent by a court of competent jurisdiction,
the remaining terms, covenants, conditions and provisions of this Agreement, shall
not be affected thereby; and each remaining term, covenant, condition and provision
of this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the
original intent of this Agreement. The County and Legal Services of the Florida Keys
agree to reform the Agreement to replace any stricken provision with a valid provision
that comes as close as possible to the intent of the stricken provision.
(d) Attorney's Fees and Costs. The County and Legal Services of the
Florida Keys agree that in the event any cause of action or administrative proceeding
is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees,
court costs, investigative, and out-of-pocket expenses, as an award against the non-
4
prevailing party, and shall include attorney's fees, courts costs, investigative, and out-
of-pocket expenses in appellate proceedings. Mediation proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida Rules of
Civil Procedure and usual and customary procedures required by the circuit court of
Monroe County.
(e) Adjudication of Disputes or Disagreements. County and Legal
Services of the Florida Keys agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of
each of the parties. If no resolution can be agreed upon within 30 days after the first
meet and confer session, the issue or issues shall be discussed at a public meeting of
the Board of County Commissioners. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law.
(f) Cooperation. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or
breach of this Agreement, County and Legal Services of the Florida Keys agree to
participate, to the extent required by the other party, in all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement
or provision of the services under this Agreement. County and Legal Services of the
Florida Keys specifically agree that no party to this Agreement shall be required to
enter into any arbitration proceedings related to this Agreement.
13. ETHICS CLAUSE: Legal Services of the Florida Keys warrant they
have not employed, retained or otherwise had act on his behalf any former County
officer or employee in violation of Section 2 or Ordinance No. 10-1990 or any County
officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or
violation of the provision the County may, at its discretion terminate this agreement
without liability and may also, at its discretion, deduct from the agreement or
purchase price, or otherwise recover, the full amount of any fee, commission,
percentage, gift, or consideration paid to the former or present County officer or
employee. The County and Legal Services of the Florida Keys warrant that, in respect
to itself, it has neither employed nor retained any company or person, other than a
bona fide employee working solely for it, to solicit or secure this Agreement and that it
has not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, Legal
Services of the Florida Keys agree that the County shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
(a) Covenant of No Interest. County and Legal Services of the Florida
Keys covenant that neither presently has any interest, and shall not acquire any
interest, which would conflict in any manner or degree with its performance under this
5
. .
Agreement, and that only interest of each is to perform and receive benefits as recited
in this Agreement.
(b) Code of Ethics. County agrees that officers and employees of the
County recognize and will be required to comply with the standards of conduct for
public officers and employees as delineated in Section 112.313, Florida Statutes,
regarding, but not limited to, solicitation or acceptance of gifts; doing business with
one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
14. PUBLIC ENTITY CRIME STATEMENT. A person or affiliate who has
been placed on the convicted vendor list following a conviction for public entity crime
may not submit a bid on an agreement to provide any goods or services to a public
entity, may not submit a bid on a agreement with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a Legal Services of
the Florida Keys, supplier, or consultant under an agreement with any public entity,
and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list.
15. AUTHORITY. Legal Services of the Florida Keys warrant that it is
authorized by law to engage in the performance of the activities encompassed by the
project herein described. Each of the signatories for Legal Services of the Florida Keys
below certifies and warrants that the name Legal Services of Greater Miami, Inc. dba
Legal Services of the Florida Keys in this agreement is the full name as designated in
its corporate charter (if a corporation); they are empowered to act and contract for
Legal Services of the Florida Keys, and this agreement has been approved by the
Board of Directors of Legal Services of the Florida Keys or other appropriate authority.
6
. "
16. NOTICE. Any written notice to be given to either party under this
agreement or related hereto shall be addressed and delivered as follows:
For Legal Services of Greater Miami dba Legal Services of the Florida Keys:
Marcia K. Cypen
Executive Director
3000 Biscayne Blvd. Suite 500
Miami, FI. 33137
For Monroe County:
Suzanne Hutton and Roman Gastesi
County Attorney County Administrator
P.O. Box 1026 1100 Simonton Street
Key West, FI. 33041-1026 Key West, Fl. 33040
17. CLAIMS FOR FEDERAL OR STATE AID. Legal Services of the
Florida Keys and County agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations shall
be approved by each party prior to submission.
18. NON-DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES.
This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by
law except to the extent of actual and timely performance thereof by any participating
entity, in which case the performance may be offered in satisfaction of the obligation
or responsibility. Further, this Agreement is not intended to, nor shall it be construed
as, authorizing the delegation of the constitutional or statutory duties of the County,
except to the extent permitted by the Florida constitution, state statute, and case law.
19. NON-RELIANCE BY NON-PARTIES. No person or entity shall be
entitled to rely upon the terms, or any of them, of this Agreement to enforce or
attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the County and Legal Services of The Florida
Keys agree that neither the County nor Legal Services of the Florida Keys or any
agent, officer, or employee of either shall have the authority to inform, counsel, or
otherwise indicate that any particular individual or group of individuals, entity or
entities, have entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community in general or for the purposes contemplated
in this Agreement.
20. ATTESTATIONS. Legal Services of the Florida Keys agree to execute
such documents as the County may reasonably require, to include a Public Entity
Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.
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. .
21. NO PERSONAL LIABILITY. No covenant or agreement contained
herein shall be deemed to be a covenant or agreement of any member, officer, agent
or employee of Monroe County in his or her individual capacity, and no member,
officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
22. EXECUTION IN COUNTERPARTS. This Agreement may be executed in
any number of counterparts, each of which shall be regarded as an original, all of
which taken together shall constitute one and the same instrument and any of the
parties hereto may execute this Agreement by singing any such counterpart.
23. SECTION HEADINGS. Section headings have been inserted in this
Agreement as a matter of convenience of reference only, and it is agreed that such
section headings are not a part of this Agreement and will not be used in the
interpretation of any provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to
be executed the day and year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
MONRC'~~ ^':'"'\iTY ;;rrORNEY
"~ LEGAL SERVICES OF GREATER
' '~) .:-
\,'HUTTON MIAMI, INC. DBA LEGAL SERVICES
o/:tplIf9~ OF THE FLORIDA KEYS
By
Marcia K. Cypen, Executive Director
8