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05/20/2009 AgreementDANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: May 28, 2009 TO: Suzanne A. Hutton County Attorney ATTN: Kathy M. Peters Executive Assistant FROM: Pamela G. Hanco C. At the May 20, 2009, Board of County Commissioner's meeting the Board granted approval and authorized execution of an Agreement between Monroe County and the State of Florida, Office of the State Attorney for the Sixteenth Judicial Circuit of Florida to reimburse the State for the cost of prosecution in certain criminal violations of the County Code. Enclosed is a copy of the above - mentioned for your handling. Should you have any questions please feel free to contact our office. cc: Finance File AGREEMENT BETWEEN MONROE COUNTY AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE SIXTEENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF PROSECUTION IN CERTAIN CRIMINAL VIOLATIONS OF THE COUNTY CODE 66 This agreement is entered into this day of , 2009, by and between Monroe County, a political subdivision of the State of Florida (hereinafter referred to as the "County ") and the Office of the State Attorney for the Sixteenth Judicial Circuit of Florida (hereinafter referred to as "State Attorney "'). WHEREAS, the County finds that in order to maintain and improve the health, safety, and welfare of this community, it is necessary to adequately enforce and prosecute violations of the County Code; and WHEREAS, Sections 27.02 and 27.34, Florida Statutes, authorizes the State Attorney to prosecute County ordinance violations punishable by incarceration and not ancillary to state prosecution; NOW, THEREFORE, the parties hereto agree as follows: ARTICLE I Services The State Attorney agrees to prosecute violations of County Ordinances punishable by incarceration and not ancillary to state prosecution as authorized in Sections 27.02 and 27.34, Florida Statutes. The County agrees to remit, subject to the terms outlined in Article III of this agreement, to the State Attorney the required funds 1 to reimburse costs associated with the prosecution of criminal violations of the County Code beginning January 1, 2009. The State Attorney shall provide such personnel as may be required for the performance of any of the functions of the State Attorney as set forth in this agreement. This agreement does not commit the County to pay for the prosecution of County Code violations ancillary to state prosecution. This agreement does not cover due process expenses. Payment for due process expenses such as, and not limited to, expert witnesses, court reporting and interpreter services, will be billed separately to the County. Any dispute as to the reasonableness of attorney's fees or due process expenses incurred shall be resolved by the Court having jurisdiction over the underlying case. ARTICLE II Terms This agreement shall automatically renew on October 1S of each year unless terminated earlier pursuant to this agreement. This agreement may only be amended in writing, through a document executed by duly authorized representatives of the signatories to this agreement. ARTICLE III Payment Schedule The County agrees to provide payment to the State Attorney in quarterly installments to compensate the State Attorney for services rendered in the preceding quarter. The first installment shall be made within thirty (30) days of approval of this agreement. Each succeeding payment shall occur no later than every sixth months thereafter subject to receipt of invoices from the State Attorney of services rendered in the previous two quarters. The County shall pay the State Attorney at a rate of $50 per K hour for each case handled. The payment schedule prescribed above may be revised if mutually agreed in writing by the County and State Attorney. ARTICLE IV Responsibilities The County does not delegate any of its responsibilities or powers to the State Attorney other than those enumerated in this agreement. The State Attorney does not delegate any of its responsibilities or powers to the County other than those enumerated in this agreement. ARTICLE V Reporting All required reports shall be submitted to the Monroe County Clerk of Court, 500 Whitehead Street, Key West, FL 33040. ARTICLE VI Indemnification It is expressly understood and intended that the State Attorney is only a recipient of the reimbursements paid by the County and is not an agent of the County. The respective parties agree, subject to the provisions of Chapter 768.28(17), Florida Statutes, that they will hold each other harmless from any claims arising from this agreement. 3 ARTICLE VII Termination Either party may terminate this agreement at any time with or without cause by furnishing written notice to the other party with no less than ninety (90) days notice. ARTICLE VIII Service Charges This agreement is contingent upon an annual appropriation of funds by the County, including interest thereon, not being subject to any State service charges or administrative assessments. These funds shall be exempt from the seven percent service charge to General Revenue pursuant to F.S. 215.22 (3). ARTICLE IX Additional Clauses a) State Attorney shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to State Attorney pursuant to this Agreement were spent for purposes not authorized by this Agreement, the State Attorney shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to State Attorney. b) 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. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and State Attorney agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and State Attorney 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. 2 C) 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 State Attorney 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 State Attorney 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 - 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) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and State Attorney and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. g) Claims for Federal or State Aid. State Attorney 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. h) Adjudication of Disputes or Disagreements. County and State Attorney 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. 5 i) 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 Public Defender 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 State Attorney specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. County and State Attorney 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 State Attorney 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 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. k) Covenant of No Interest. County and State Attorney 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 Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 1) 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. m) No Solicitation /Payment. The County and State Attorney 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, the State Attorney agrees 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. n) Public Access. The County and State Attorney 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 State Attorney in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by State Attorney. o) Non - Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the State Attorney 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. P) 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 agency 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. q) Legal Obligations and Responsibilities: 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. 7 r) 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 the State Attorney agree that neither the County nor the State Attorney 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. S) Attestations. State Attorney agrees 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. t) 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. U) 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. v) 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. 0 IN WITNESS THEREOF, the parties have caused this agreement to be executed by their respective arvd_ duly authorized officers the day and year first above written. ATTEST: Danny Kolhage, (l0rrk Monroe County, Florida by its Board of County Commissioners Y y 15eputy Clerk George Neugent, Mayor ATTEST: Office of the State Attorney Sixteenth Judicial Circuit By: By: Dennis Ward State Attorney © MoNROE CO U' " r ,1 - o EY APPS cc co LLj lit.. Z 0