HomeMy WebLinkAboutItem C29 C29
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
February 19, 2025
Agenda Item Number: C29
2023-3698
BULK ITEM: Yes DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Patricia Eables
N/A
AGENDA ITEM WORDING:
Approval of a Third Amendment to the Agreement with Legal Services of Greater Miami, Inc. to
extend the agreement term for an additional five (5) years to provide legal aid services in Monroe
County, Florida, in accordance with Sec. 10-26(b)(2), Monroe County Code and F.S. 29.008(3)(a) and
939.185, Florida Statutes, with regard to legal aid funding, to amend the scope of work, and update
various provisions.
ITEM BACKGROUND:
Pursuant to Sec. 939.185, Florida Statutes, Assessment of additional court costs and surcharges, the
Board of County Commissioners (BOCC) enacted Ordinance No. 016-2004 on June 16, 2004. Sec. 10-
26(b)(2) of the Monroe County Code provides that 25% of the additional court costs assessed shall be
allocated to fund legal aid programs in Monroe County, consistent with Sec. 29.008(3)(a), Florida
Statutes. The BOCC has entered into two previous agreements with Legal Services of Greater Miami,
Inc. d/b/a Legal Services of the Florida Keys: December 15, 2004, which expired September 30, 2009;
and September 16, 2009, which was extended by Board approval of a First Amendment on September
17, 2014, for an additional five (5) years to expire September 30, 2019. The 2009 Agreement was
extended further by a Second Amendment approved on June 19, 2019, to extend another five (5) years
with that term to expire on September 30, 2024.
This Third Amendment extends the term for an additional five(5)years, effective retroactive to October
1, 2024, and terminating on September 30, 2029. The scope of work is also amended to include time
spent conducting outreach in Monroe County, Various provisions set forth in the attached Addendum
were also updated to bring the terms current with County, State, or Federal contract provisions and
additional current forms were executed by Legal Services. All other provisions of the 2009 Agreement
remain the same. Staff seeks approval of this Third Amendment.
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PREVIOUS RELEVANT BOCC ACTION:
12/15/2004 (C-12) BOCC approved Interlocal Agreement—Legal Aid Funding
9/16/2009 (C-33) BOCC approved Agreement—Legal Aid Funding
9/17/2014 (C-35) BOCC approved First Amendment extending the Agreement five (5)years to
9/30/2019
6/19/2019 (C-12) BOCC approved Second Amendment extending the Agreement term for five (5)
years to 9/30/2024
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
Extends the term for an additional 5 years, revises the scope of work, and updates various provisions set
forth in Addendum.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Monroe County Legal Aid Funding Revised Third Amendment signed 2025.02.11 legal sta ped.pdf
Second Amendment 19-24 Monroe County Filing Fees Contract Executed 2019.06.19.pdf
First Amendment 09_17_2014.pdf
2009 Agreement-Legal Services.pdf
Interlocal Agreement with Legal Services 12_15_2004 to 09_30_2009.pdf
FINANCIAL IMPACT:
Effective Date: 2/19/2025
Expiration Date: 9/30/2029
Total Dollar Value of Contract: TBD
Total Cost to County: Pursuant to Ordinance No. 016-2004; F.S. 29.008(3)(a); and F.S. 939.185(1)
(a)2.
Current Year Portion: TBD
Budgeted: Yes
Source of Funds: 158-04586
CPI: N/A
Indirect Costs: N/A
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Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: No.
County Match: N/A
Insurance Required: N/A
Additional Details:
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THIRD AMENDMENT TO
AGREEMENT—LEGAL AID FUNDING
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA AND
LEGAL SERVICES OF GREATER MIAMI, INC.
This Third Amendment("Amendment")to the Agreement for Legal Aid Funding("Agreement"),
is made and entered into this 111 day of September 2024, by and between Monroe County, a
political subdivision ofthe State of Florida,hereinafter referred to as"County",and Legal Services
j of Greater Miami,Inc., a non-profit corporation (collectively referred to as the"Parties").
i
WHEREAS, Legal Services of Greater Miami, Inc. provides free legal services to indigent
individuals throughout Monroe County, Florida with civil legal problems primarily in the
areas of housing, employment and economic security, and family and education law; and
f WHEREAS, pursuant to Sec. 10-26(b)(2) of the Monroe County Code (Ordinance No. 016-
2004), in accordance with F.S. 29.008(3)(a), twenty-five percent (25%) of the additional court
costs in criminal cases shall be allocated to fund legal aid programs in the County;and
WHEREAS, the Board of County Commissioners previously entered into 5-year Legal Aid
Funding Agreements -with Legal Services of Greater Miami, Inc.; beginning on December 17,
2004,which expired September 30,2009;September 16,2009,which expired September 30,2014;
the First Amendment approved September 17, 2014, which expired on September 30, 2019; and
the Second Amendment, which was approved on June 19, 2019 and expired on September 30,
2024; and
WHEREAS,the parties wish to continue this Agreement,under the same terms and conditions,
for an additional five (5)years,retroactive to October 1,2024;
NOW THEREFORE, the Board of County Commissioners of Monroe County, Florida and
Legal Services of Greater Miami, Inc. hereby agree to amend the Agreement as follows:
R
1. Section 2 of the Agreement("Term") is hereby amended to extend the term of
this Agreement for an additional five (5) years to expire September 30, 2029
and shall read as follows:
f
2. TERM. The term of this agreement is for five years commencing October
1,2024 and ending September 30,2029,unless earlier terminated
under the provisions of this Agreement.
2. The scope of work covered by this Agreement, as amended, shall include time spent
conducting outreach in Monroe County.
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3. The clauses in Addendum A are incorporated by reference as though set forth in full herein.
4. In all other respects, the terms and conditions set forth in the Agreement as amended shall
remain unchanged and in full force and effect.
IN WITNESS WHEREOF, each party caused this Amendment to be executed by its duly
authorized representative. Execution by the Contractor must be by a person with authority to bind
the entity.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk James K. Scholl,
Mayor
Witness: LEGAL SERVICES OF GREATER MIAMI,
INC.
Signature
By:
Printed Name Monica Vigues-Pitan, Esq.
Executive Director
MONA017 raLJNTY ATTORNEY'S OFFICE
ro
M,RICIA EAB�LES
ASSISTANTCOUNTY ATTORNEY
DATE: ---2LL=25—
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ADDENDUM
(State and Local Clauses Only)
The following clauses are added into the attached Agreement as if fully set forth therein:
1. Florida Public Records law(F.S. 119.0701).
RECORDS- ACCESS AND AUDITS: Pursuant to F.S. 119.0701, Contractor and its
subcontractors shall comply with all public records laws of the State of Florida, including but not
limited to:
a. Keep and maintain public records required by Monroe County in order to perform the
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service.
b. Upon request from the public agency's custodian of public records,provide the public
agency 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 Florida Statutes, Chapter 119
or as otherwise provided by law.
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c. 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 public agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe County all public
records in possession of the contractor or keep and maintain public records required by the public
agency to perform the service. If the contractor transfers all public records to the public agency
upon completion of the contract,the contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the contractor
keeps and maintains public records upon completion of the contract, the contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided to Monroe County, upon request from the public agency's custodian of records, in a
format that is compatible with the information technology systems of Monroe County.
3. A request to inspect or copy public records relating to a public agency's contract
for services must be made directly to the public agency,but if the public agency does not possess
the requested records, the public agency shall immediately notify the Contractor of the request,
and the Contractor must provide the records to the public agency or allow the records to be
inspected or copied within a reasonable time.
If the Contractor does not comply with the public agency's request for records,the public
agency shall enforce the public records contract provisions in accordance with the contract. A
Contractor who fails to provide the public records to the public agency or pursuant to a valid public
records request within a reasonable time may be subject to penalties under Section 119.10,Florida
Statutes.
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IF THE CONTRACTOR 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 (MONROE COUNTY ATTORNEY9S OFFICE, 1111 12'
STREET, SUITE 408, KEY WEST, FL 33040,
PUBLIC RECORDSna,MONROECOUNI'Y-FL.GOV, Phone No. (305) 292-
3470.
2. F.S.287.0582,F.S.and Monroe County Purchasing Policy(required for all contracts for
purchases of services or goods > 1 year): Monroe County's performance and obligation to
pay under this contract is contingent upon an annual appropriation by the Monroe County
Board of County Commissioners (BOCC).
3. Insurance Requirements (Monroe County Risk Manual): The vendor is required to
provide the following insurance coverage:
None
4. Public Entity Crime Statement(required for all procurement documents and contracts
by F.S. 287.133 and Monroe County Purchasing Policy): 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, proposal, or reply on a contract to provide any goods or services to a public
entity, may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work,may not submit bids, proposals, or
replies on leases of real property to public entity, may not be awarded or perform work as a
CONTRACTOR, supplier, subcontractor, or Consultant under a contract with any public
entity,and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list. As used herein, the
term "convicted vendor list" means a list maintained by the Florida Department of
Management Services, as defined in F.S. 287.133.
By entering in this Agreement,the vendor acknowledges that it has read the above and states
that neither the vendor nor any Affiliate has been placed on the convicted vendor list within
the last 36 months.
5. Ethics Clause (required for all contracts by Monroe County Ordinance No. 10-1990):
By entering in this Agreement, the vendor warrants that he/she/it has not employed, retained
or otherwise had act on his/her behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County
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may, in its discretion, terminate this Agreement without liability and may also, in 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 County officer
or employee.
6. E-verify requirement (required by F.S. 448.095): Beginning January 1, 2021, in
accordance with Fla. Stat. Sec. 448.095, as may be amended from time to time, every public
employer, contractor, and subcontractor shall register with and use the U. S. Department of
Homeland Security's E-Verify system to verify the work authorization status of all newly
hired employees during the term of this Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise
utilize the E-Verify system.. By entering into this Agreement, the vendor certifies that it
registers with and uses the E-Verify system. If the contractor enters into a contract with a
subcontractor,the subcontractor must provide the contractor with an affidavit stating that the
subcontractor does not employ,contract with,or subcontract with an unauthorized alien. The
contractor shall maintain a copy of such affidavit for the duration of the contract.Pursuant to
Section 448.095:
1.A public agency, Bidder, or subcontractor who has a good faith belief that a person
or an entity with which it is contracting has knowingly violated s.448.09(1)shall terminate
the contract with the person or entity.
2.A public agency that has a good faith belief that a subcontractor knowingly violated
this subsection,but the Bidder otherwise complied with this subsection,shall promptly notify
the Bidder and order the Bidder to immediately terminate the contract with the subcontractor.
3.A contract terminated under this paragraph is not a breach of contract and may not
be considered as such. If a public agency terminates a contract with a Bidder under this
paragraph,the Bidder may not be awarded a public contract for at least one (1)year after the
date on which the contract was terminated.A Bidder is liable for any additional costs incurred
by a public agency as a result of the termination of a contract.
7. Scrutinized companies (F.S. 287.135):
a. For Contracts of any amount, if the County determines that the
Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida
Statutes, or has been placed on the Scrutinized Companies that Boycott Israel List, or is
engaged in a boycott of Israel, the County shall have the option of (1) terminating the
Agreement after it has given the Contractor/Consultant written notice and an opportunity to
demonstrate the agency's determination of false certification was in error pursuant to Section
287.135(5)(a),Florida Statutes, or(2) maintaining the Agreement if the conditions of Section
287.135(4),Florida Statutes, are met.
b. For Contracts of$1,000,000 or more:
(1)If the County determines that the Contractor/Consultant submitted a false certification
under Section 287.135(5), Florida Statutes, the County shall have the option of (1)
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immediately terminating the Agreement after it has given the Contractor/Consultant
written notice and an opportunity to demonstrate the agency's determination of false
certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2)
maintaining the Agreement, at the County's option, if the conditions of Section
287.1325(4),Florida Statutes, are met.
t
I (2) If the Contractor/Consultant has been placed on the Scrutinized Companies with
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Activities in the Sudan List,or if the Contractor/Consultant has been placed on a list created
pursuant to Section 215.473, relating to scrutinized active business operations in Iran, or
been engaged in business operations in Cuba or Syria,the County shall have the option of
(1)terminating the Agreement or(2) maintaining the Agreement, at the County's option,
if the conditions of Section 287.135(4),Florida Statutes, are met.
8. Payment: Invoices will be paid in accordance with the Florida Local Government Prompt
Payment Act, F.S. 218.70 et seq. Invoices must be submitted to the Clerk with supporting
i
documentation acceptable to the Clerk. Acceptability to the Clerk is based on generally
accepted accounting principles and such laws, rules, and regulations as may govern the
Clerk's disbursal of funds.
9. Human Trafficking (F.S. 787.06): Whenever a contract is executed, renewed, or extended
between a nongovernmental entity and a governmental entity, the nongovernmental entity
must provide an affidavit signed by an officer or a representative of the nongovernmental
entity under penalty of perjury, attesting that the nongovernmental entity does not use
coercion for labor or services. A copy of the affidavit is attached.
10. Foreign Entities Affidavit(F.S.287.138):
a. Beginning I/l/2024, a governmental entity may not accept a bid or proposal from, or a
reply to, or enter into, a contract with, an entity which would grant the entity access to
individual personal identifying information ("PII") unless the entity provides the
governmental entity an affidavit signed by an officer or representative under penalty of
perjury attesting that the entity does not meet any of the criteria in F.S.287.138(2)(a)-(c):
• Entity owned by a country of concern (China, Russia, Iran, North Korea,
Venezuela, Syria)
• Controlling interest by government of foreign country of concern;
• Entity organized under the laws of or has principal place of business in
foreign country of concern.
b. Beginning 7/l/2025, a governmental entity cannot renew a contract with an entity which
would grant the access to PII unless the entity provides the affidavit.
c. Beginning 7/l/2025,a governmental entity cannot extend or renew a contract with an entity
meeting the above criteria if the contract would give access to PII to that entity.
The affidavit is attached.
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1463
.
AFFIDAVIT ATTESTING TO NONCO0RC&V000NDUCT
FOR LABOR OR SERVICES
Euiit«/VoudorNauno: Legal Services of Greater Miami, Inc.
\/ondorpEIN: 59-1227481
Vendor's Authorized Representative: Monica Viguee'Pitan. Chief Executive Officer
(Name and Title) �
Address: 4343VKF|ag|or Street, Suite 1OO
City: Miami State: Florida Zip: 33134
Phone Number: 305438'3817
Email Address: mvigueapitan@|ega|aemioeomiomiorg
As 000ngovoromco1a| entity executing, renewing, or extending a contract with o government
entity, Vendor is required to provide an affidavit under penalty ofperjury attesting that Vendor
does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes.
/\o defined io Section 78?.Uh/2\(a), coercion means:
l. Using ortb,cn1iugto use physical force against any person;
2. Restraining, isolating, or confining or dbrco1ing to restrain, isolate, or confine any
person without |op/fui authority and against tier orhis vvi1|;
3. Using lending or other credit methods to establish a debt by any person when labor or
aczviccu are pledged as a security for the debt, if the value of the labor orservices as
reasonably aaxuonod is not applied toward the liquidation of the debt, the length and
nature of the labor nrservice are not respectively iinoi1rd and defined;
4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual
or purported passport, visa, or other immigration document, or any other actual or
purported government identification document, of any person;
5. Causing ortbroo1iugtn cause financial harm to any person;
6. Enticing or luring any person hy fraud or deceit; oc
7. Providing o controlled auhntoucc as outlined in Schedule l o, 8uhzduic ll of Section
8YS.O3to any person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor
does not use coercion for labor or services in accordance with Section 787.06. Additionally,
Vendor has reviewed Section 787.00' Florida Statutes, and agrees to abide by earuc.
Certified By: MoniooViguee'piton who is
authorized to sign on behalf of the above refere ompany.
Authorized Signature:_
Print Name:Monica Vigues-Pitan
Title:Chief Executive Officer
Page 7ofO
FOREIGN ENTITIES AFFIDAVIT F.S.287.138
I Monica Vigues-Pitan of the city of Miami according to law on my
oath, and under penalty of perjury, depose and say that:
a. I am Monica Vigues-Pitan of the firm of
Legal Services of Greater Miami, Inc. ("Entity"), the bidder making
the Proposal for the project described in the Request for Proposals for
Legal Aid Funding and that I executed the said proposal
with full authority to do so;
b. In accordance with section 287.138, Florida Statutes, the Entity is not owned by the
government of a Foreign Country of Concern, as that term is defined in F.S. 287.138, is
not organized under the laws of nor has its Principal Place of Business in a Foreign Country
of Concern, and the government of a Foreign Country of Concern does not have a
Controlling Interest in the entity.
c. The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in this
affidavit in awarding contracts for said project. Ile
(Signature)
Date: -- —
STATE OF:
COUNTY OF:
Subscribed and sworn to or affirmed) before me, by means of hysical presence or ❑ online
notarization, on 9 1 t Q::Q (date) by Mon,, C r, V i )eS--P;�Gn
(name of affiant). He/She is personally known to me 6Y has produced
EL N t°r �"` �, er�a (type of identification) as
identification.
NOTARY PUBLIC
My Commission Expires:
Notary Public State of Florida
Destiny N. George
My Commission
IIII HH 265596
Exp, 5/19/2026
Page 8 of 8
1465
SECOND AMENDMENT TO
AGREEMENT—LEGAL AID FUNDING
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA
AND
LEGAL SERVICES OF GREATER MIAMI, INC.
HIS SECOND AMENDMENT is made and entered into this day of
2019 between the Board of County Commissioners of Monroe County,
FloridWand Legal Services of Greater Miami,Inc.; and
WHEREAS, Legal Services of Greater Miami, Inc., a non-profit corporation, provides
free legal services to indigent individuals throughout Monroe County, Florida with civil legal
problems primarily in the areas of housing, employment and economic security, and family and
education law; and
WHEREAS, pursuant to Sec. 10-26(b)(2) of the Monroe County Code (Ordinance No.
016-2004), in accordance with F.S. 29.008(3)(a), twenty-five percent of the additional court cost
in criminal cases shall be allocated to fund legal aid programs in the County; and
WHEREAS, the Board of County Commissioners previously entered into three (3)
5-year Legal Aid Funding Agreements with Legal Services of Greater Miami, Inc.; December
17, 2004, which expired September 30, 2009; September 16, 2009, which expired September 30,
2014; and, under the First Amendment approved September 17, 2014, which was effective
October 1,2014 and will expire September 30,2019; and
WHEREAS, the parties wish to continue this Agreement, under the same terms and
conditions, for an additional five (5)years; and
WHEREAS, Legal Services of Greater Miami, Inc. are providing legal aid services in
Monroe County, FL operating under Legal Services of Greater Miami, Inc. and no longer
operating under Legal Services of Greater Miami, Inc. d/b/a Legal Services of the Florida Keys;
and
WHEREAS, Legal Services of Greater Miami, Inc. has advised their Executive Director
changed effective 10/1/2017 and their address changed effective 12/19/2016; and
WHEREAS,the language in Section 10. Nondiscrimination needs to be updated;
NOW THEREFORE, the Board of County Commissioners of Monroe County, Florida
and Legal Services of Greater Miami, Inc. hereby agree to amend the Agreement as follows:
1. Legal Services of Greater Miami, Inc. is the party providing the legal aid
services under this Agreement in Monroe County, Florida. Any reference
to Legal Services of the Florida Keys or Legal Services of Greater Miami,
Inc. d/b/a Legal Services of the Florida Keys shall be replaced with Legal
Services of Greater Miami, Inc.
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1466
2. Section 2. TERM. is hereby amended to extend the term of this
Agreement for an additional five (5) years to expire September 30,
2024 and shall read as follows:
2. TERM. The term of this agreement is for five years
commencing October 1, 2019 and ending September 30, 2024,
unless earlier terminated under the provisions of this
Agreement.
3. Section 10. NONDISCRIMINATION. is hereby updated and amended
to read as follows:
10. NON-DISCRIMINATION. The parties 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. The parties 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 VII of the Civil Rights Act
of 1964 (PL 88-352), which prohibits discrimination in
employment on the basis of race, color, religion, sex, and national
origin; 2) Title IX of the Education Amendment of 1972, as
amended(20 USC §§ 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 § 794), which
prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC §§ 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,
§§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC
§§ 3601 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 §§ 12101), as amended from
time to time, relating to nondiscrimination in employment on the
basis of disability; 10)Monroe County Code Chapter 14,Article II,
which prohibits discrimination on the basis of race, color, sex,
Page 2 of 3
1467
religion, national origin, ancestry, sexual orientation, gender
identity or expression, familial status or age; and 11) any other
nondiscrilgination provisions in any federal or state statutes which
may apply to the parties to, or the subject matter of, this
Agreement.
4. Section 16. NOTICE. The portion of this section titled "For Legal
Services of Greater Miami dba Legal Services of the Florida Keys:" is
hereby amended to reflect the current operating name, Executive Director
and address to read as follows: 3 "
o -n
For Legal Services of Greater Miami, Inc.:
M MI. c
rn�
Monica Vigues-Pitan,Esq.
4343 West Flagler Street, Suite 100
Miami,FL 33134 `' r�, C
5. All other terms and conditions of the Agreement entered into SenEffiber to r?
16, 2009, as amended, not inconsistent herewith, copies of whio� are
attached hereto as Exhibit A and made a part of this Second Amendment,
remain in full force and effect.
L
0
( ) BOARD OF COUNTY COMMISSIONERS
est: KEVIN MADOK, Clerk OF MONR CO Y,FLORIDA
By� By
Deputy Clerk Mayor/Chairperson
ESS. LEGAL SERVICES OF GREATER
MIAMI, INC. d/b/a LEGAL SERVICES
OF THE FLORIDA KEYS
4 f naur
V1 Hof By L----.
Printed Name Monica Vigues-Pitan,Esq.
Executive Director
MONROE COUNTY ATTORNEY
� V D AS/TO RM:
� jreQ Sf r F�7V/1
Page 3 of 3 CHRISTINE LIMBERT-BARROWS
ASSISTANT CO AT
JORNEY
DATE: GG
1468
r
FIRST AMENDMENT TO
AGREEMENT—LEGAL AID FUNDING
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA
AND
LEGAL SERVICES OF GREATER MIAMI,INC.d/b/a
LEGAL SERVICES OF THE FLORIDA KEYS
THIS FIRST AMENDMENT is made and entered into this /2g—day of September,
2014 between the Board of County Commissioners of Monroe County, Florida and the Legal
Services of Greater Miami,Inc.d/b/a legal Services of the Florida Keys;and
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; and
WHEREAS, the Board of County Commissioners enacted Ordinance No. OI6-2004
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);
WHEREAS,the Board of County Commissioners previously entered into two (2) 5-year
Legal Aid Funding Agreements with Legal Services of Greater Miami, Inc.; December 17,2004,
which expired September 30, 2009, and September 16, 2009, which will expire September 30,
2014;
WHEREAS, the parties wish to continue this Agreement, under the same terms and
conditions,for an additional five(5)years;
NOW THEREFORE, the Board of County Commissioners of Monroe County and
Legal Services of the Florida Keys hereby agree to amend the existing Agreement as follows:
1. Section 2. TERM. is hereby amended to extend the term of this
Agreement for an additional five (5) years to expire September 30,
2019 and shall read as follows:
2. TERM. The term of this agreement is for five years commencing
October 1, 2014 and ending September 30, 2019, unless earlier
terminated under the provisions of this Agreement.
Page 1 of 2
EXHIBIT A.
TO SECOND AMENDMENT
1469
2, Secdon 16. Mew. !'or Mon—rue gpuntv:" is hmby amen6wl to
the qwcft mim"Suunme Hnfoa"and"Romm Gastur W
read as follows:
For Monroe County:
County Atlornoy AND County Administrator
P.O.Box 1026 1100 Suaonton Stred
Key West,FL 33041-1026 Key West,FL 33040
3. All other teams and cm&tioms ofthe Agemnw cdcred into Septmber 16,2009,
remain unchanged, a copy of which is attached herew as Exhibit A and made a
part of this First Amendment
r. nt
BOARD OF COUNTY COMMISSIONERS
M`..... j Y Y/IN'Clerk
O1tJLi®Al:f COUNTY,L4 FLORIDA
By
Depufy Clerk MjKprAMWrperwu
LEGAL SERVICES OF GREATER
M1011, INC. d1Ws LEGAL SERVICES
OF TEM FLORMA KEYS
By:
M m K c7peg4 Exe=five Dh=ftr
MONROE COU14TY ATTORNCY
LPP RPPROVNID A:3 TO FORM:
CHRISTINC'M.I IMBERT-BARROWS
ASSI JNTY ATTORNEY
Date
Page 2 of 2
1470
AGREISMENT—L EGAL AID FUNDING
BOARD OF COUNTY C014HISSWNERS 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 enafted 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, taws of Florida, directed that twerp-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 pent
of the additional court costs from the effective date of Ordinance No. 016-2004 (Juiy
1,2004)until the effective date of this agreement.
b) Quartariy 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) Repaymem. Pursuant to the enabling legislation, any unspent
hinds at the dose of the county fiscal year shall be remhftd back to the Cleric
for allocation In accord mwe with F.S.939.185(1)(a)1.
2. TERM. The berm 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 feast ninety days advance
EXHIBIT
1471
written notice of its intent. In the event that representation of Monroe County dedines
more than 50% dote to the closure of the legal Services Key West offfoe,the County
may give thirty (30) days written notice to Legal Services of the Florida Keys of
termination of this agreement.
& 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 Accw& The County and Legal Services of the Fiorlda 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 subs 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) QuBrterly Reports. Pursuant to State Statute, Ca urtty Is
requiredto ma Mce quarterly reports, Including an Hmmbed Ust of
expenditurm. WMn twenty (20)days oRw the dam of each quwUr,Legal
Senftes of Greater Mia 4 Inc.shalt providle to the County Clark the required
Ma of Itemb*d expenditures,,and shall deliver to the persors designated for
notice to the County a report that Identifies the number of Monroe County
residents ffor whom service were rendered and how many le Iudidel
Clresult court appearunces were made on behalf of Monroe County residents
In the quarter just ended.
5. 140DOICATIONS 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,
succors,and assigns.
6. INDEPENDENT CONTRACTOR. At all times and fbr 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 Service 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 shalt be entitled to
none of the rights,privileges or benefits of employees of Monroe County.
(a) No PasonPI liity. 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 personalty on this Agreement or be subject
2
1472
to any personal liability or accountability by reason of the execution of this
Agreement.
7. HOLD HARMLESS/INDEMNIFICATION. Legal Services of the Florlda'
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, casts, 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) Ran-Wahmr of ImminKy. 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 shalt any contract entered Into by the County be required to contain
any provision for waiver.
(b) PrhdteM aW MmmunWa& All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief,
debility, 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 offcers, agents, volunteers, or employees outside the
territorial limits of the County.
30. NONDISCRYMINATlON. 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 aubomatically 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) Tide 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 DC
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 197S, 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
(Pi.91-616), as amended, rielating to nondiscrimination on the.basls 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
3
i 1473
abuse patent records; 8)Title VM 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. V1, 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.
L
11. ENTIRE AGitt MI46M. 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, RP ATIQN, 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.
W Venue. In the event that any cause of action or administrative
proceeding is insUb tad for the enforcement or interpretation of this Agreement, the
County and Legal Services of the Florida Keys agree that venue will Ile In the
appropriate court or before the appropriate adminlsbative body In Monroe County,
Florida.
(b) 1016diathm. 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
he
or between any of them the issue shall be submitted to mediation prior to the
Institution of any other administrative or legal proceeding.
(c) SSverabHlty. N any term, covenants 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, shalt
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) Attom s Fees and Costs. The County and Legal Services of the
Florida Keys agree that in the event any cause of action or adminW"Uve proceeding
is Initiated or defended by any party relative to the enforcement or Interpr'+etation of
this Agreement, the prevailing party shall be entitled to reasonable aftmey's tees,
court costs, Investigative, and out-of-pocket.expenses, as an award against the non-
4
1474
prevailing party, and shall include attorneys frees, 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 limes of
Civil Procedure and usual and customary procedures required by the circuit court of
Monroe County.
(e) Ad)udikation of Disput m or Diwgreentoft. 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 afoer the first
meet and confer session,the issue or Issues shalt 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) Coaparation. In the event any administrative or legal proceeding Is
Instituted against either party relating to the forrriatton, 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,
meetings, and other activities related to the substance of this Agreement
or provision of the services under this Agreement. Count}/ and Legal Service 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 a 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 of lcer or
employee.The County and Legal Services of the Florida Vays 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 maldng 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 flee, commission, percentage, gilt, or
consideration.
(a) Coverrrehrrt of No Ind 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 arty manner or degree with its performance under this
5
1475
Agreement,and that only interest of each Is to perform and receive benefits as recited
In this Agreement.
(b) Caft of Ethics. County agrees that officers and employees of the
County recognize and will be required to comply with the standards of conduct fior
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. PUSUC 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 worse, 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.
13. 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 outer appropriate authority.
6
1476
1E. 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,Fl. 33137
For Monroe County:
Suzanne Hutton and Roman Gastesl
County Attorney County Administrator
P.O. Box 1026 1100 Simonton Street
Key West,Fl. 33041-1026 Key West,Fl. 33040
17. CLA114S FOR FEDERAL OR STATE A D. legal Swvkms 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 sollcitattons shall
be approved by each party prior to submission.
I& NON-DELETION OF CONS 111 UTIONAL 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 W the extent permitted by the Florida constitution,state statute,and case law.
19. NON-RELTANCE 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.
7
1477
P �
21. N® PERSONAL LIABILITY. No covenant or agreement contalned
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. E)CECUTION 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 HEAD . 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 VMWESS WHER50F, the parties hereto have mused this agreement to
be executed the day and year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATCES[: DANNY L. KOLHAGE,CLERK OF MONROE COUNTY,FLORIDA
By: 2 -QW-909L& ey ef!• bet*96L&
Deputy a� , Mayor/Cimlrrt�an��
„t"OE COUNTY ATi Ey LEGAL SERVICES OF GREATER
PROVED AS MIAMI,INC. DBA LEGAL SERVICES
?.,4 H N A.HUTTO OF THE FLORIDA KEYS
U ' Y
By
Marda K.Cypen, ecu Director
-ems
a
O
Co CD
rn rn
r �
8
1478
AMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
IUIONM COUNTY,RAIM
r
DATE: October 1, 2014
TO: Bob Shillinger,
County Attorney
ATTN. Kathy Peters
FROM: Lindsey Ballard, D.CVJ
At the September 8, 2014, Board of County Commissioner's meeting the Board granted approval
and authorized execution of Item C35 First Amendment to the Agreement — Legal Aid Funding with
Legal Services of Greater Miami, Inc. d/b/a Legal Services of the Florida Keys Funding extending the
agreement for an additional five (5) years to provide legal aid services in accordance with Ordinance
No. 016-20014 and F.S. 29.008(3)(a), Florida Statutes.
Enclosed are is a duplicate original of the above-mentioned for your handling. Should you have
any questions,please feel free to contact my office.
cc: County Attorney (electronic copy)
Finance (electronic copy)
File
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax.305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
1479
r
FIRST AMENDMENT TO
AGREEMENT—LEGAL AID FUNDING
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA
AND
LEGAL SERVICES OF GREATER MIAMI,INC. d/b/a
LEGAL SERVICES OF THE FLORIDA KEYS
THIS FIRST AMENDMENT is made and entered into this fiT)"—day of September,
2014 between the Board of County Commissioners of Monroe County, Florida and the Legal
Services of Greater Miami, Inc. d/b/a legal Services of the Florida Keys; and
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; and
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);
WHEREAS, the Board of County Commissioners previously entered into two (2) 5-year
Legal Aid Funding Agreements with Legal Services of Greater Miami, Inc.; December 17, 2004,
which expired September 30, 2009, and September 16, 2009, which will expire September 30,
2014;
WHEREAS, the parties wish to continue this Agreement, under the same terms and
conditions, for an additional five(5) years;
NOW THEREFORE, the Board of County Commissioners of Monroe County and
Legal Services of the Florida Keys hereby agree to amend the existing Agreement as follows:
1. Section 2. TERM. is hereby amended to extend the term of this
Agreement for an additional five (5) years to expire September 30,
2019 and shall read as follows:
2. TERM. The term of this agreement is for five years commencing
October 1, 2014 and ending September 30, 2019, unless earlier
terminated under the provisions of this Agreement.
Page 1 of 2
1480
2. Sectioa 16. NOTICE. "For Monroe County— is hereby amended to
delete the specific names "Suzanne Hutton" and"Rom m Gasbesi" to
read as follow::
For Monroe County:
County Attorney AND County Administrator
P.0.Box 1026 1100 Simonton Street
Key West,FL 33041-1026 Key West,FL 33040
3. All other terms and conditions of the Agreement a*m:d into September 16,2W9,
remain unchanged, a copy of which is attacbod herew as Exhibit A and made a
part of this First Amendment.
BOARD OF COUNTY COMMISSIONERS
s� HEAVILIN,Clerk OF'MONROE COUNTY,FLORIDA
K jXp��l ^
By
�Clerk - MiforKlarperson
LEGAL SERVICES OF GREATER
MIAA% INC. dAWa LEGAL SERVICES
OF THE FLORIDA KEYS
By:
Marria K Cypen,Executive Director
MONROE COUNTY ATTORNC'Y
ZPt?RO AD k= TO FORM:
CHRISTINE M. I IMB RT-BARROWS
ASSIST QUUNTY ATTORNEY
Date
Page 2 of 2
1481
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 traMc 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 (3uiy
1, 2004) until the effective date of this agreement.
b) Quartw IV 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
hinds at the dome of the county fiscal year shall be mnitted bade to the Clark
for alk action in accordance with F.S. 939.185(1)(a)1.
2. TERM. The term of this agreement is for five years and commends 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
EXHIBIT'
1482
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 pion 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 itemb ad Not of
expenditures. Within twenty (20) days after the close of each quarter, Legal
Services of Greater Mlamt,Inc. shall provide to the County dark the required
list of itemized expenditures, and shall deliver to the persons designated for
notice to the CountV a report that tdatDfles the number of Monroe County
residents for whom services were rendered and tow many le 3udWal
Circuit court appearances were made on behalf of Monroe County residents
In the quarter just ended.
S. MODIFICATIONS AND AMENDMENTS. Any and all modlf cations 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.
IL 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 Penoonal 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 capaclty, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject
2
1483
th any personal liability or accountability by reason of the execution of this
Agreement.
7. HOLD HARMLESS/=NOEMNIFICATION. 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-Wahw of =mmunlly. 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) Prhdlq ea and I mmuniftl3aa. 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 germinates 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 D(
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 Alcohollsm 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
3
1484
abuse patent records; 8)Title VM 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 arty 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 germ 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.
(c) Severabift. 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 taw unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent time 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) Attorneys 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 att mey's flees,
court costs, Investigative, and out-of-pocket.expenses, as an award against the non-
4
1485
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 Dispubw or DI sagreements. County and Legal
Services of the Florida Keys agree that all disputes and disagreements shall be
attempted to be resolved by meet and eonf+er 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 disused 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 Florlda 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. ETMICS 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 respell
to itself, it has neither employed nor retained any company or person, other than a
bona fide employee working solely for it,to sollctt 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 time 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
1486
Agreement, and that only interest of each is to perflorm 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 fallowing 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, fear CATEGORY TWO fsor a period of 35 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 fear 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.
b
1487
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, Fl. 33137
For Monroe County:
Suzanne Hutton and Roman Gastesi
County Attomey County Administrator
P.O. Box 1026 1100 Simonton Street
Key West, Fl. 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 CONSI TtMONAL 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 thft 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 fior the purposes contemplated
In this Agreement.
20. ATTESTATIONS. Legal Services of the Fkx ida Keys agree to execute
such documents as the County may reasonably require, to Include a Public Entity
Crime Statement, an Ethks Statement, and a Drug-Free Workplace Statement.
7
1488
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: MayorJd�alrrribn
Deputy tic
COUNTY ATrWNEY LEGAL SERVICES OF GREATER
PROVED AS MIAMI,INC. DB LEGAL SERVICES
LE SERVICES
' N A.H ON OF THE FLORIDA KEYS
BY
Marda K. Cypen,Execu&fD1rector
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8
1489
ADDITIONAL
BACK-UP :0
1. Ordinance No. 016-2004
Z. Sec. 29.008(3)(a), Florida Statutes
3. Sec. 939.185(1)(a)2., Florida Statutes
1490
c gpl"AM NO. 016-2004
AN ORDINANCE AN ORDINANCE OF THE BOARD OF COUNTY
�ONR3tS OF MONROE COUNTY, FLOMDA, DECLARING
'CHAT AN 01ERDENCY EwSTB AND 7 �COUNTY CODE
NOTICE BY A
FOUR-RFTHS VOTE: AMINO
NU ADDING A SECTION TO C��•� OF
NUMBERED SECTION ?-MIS
ADDITIONAL COURT COSTS IN CRIMINAL CASES: PROMM
FOR ALLOCATION OF ROM RECEIVED FROM ADDITIONAL
COURT COSTS; PROVIDRNG FOR REPEALER, SEVERABILITY,
INCLUSION W THE MONROE COUNTY COM MODIFICATIONS
THAT MAY ARISE FROM CONSIDERATION AT PUBLIC HEARINGS
AND PROVIDNe FOR AN EFFECTIVE DATE.
WHEREAS, on No venrber 3, 1998, to voters of Florida adopted Revision 7 to the Florida
Constitution to amend Article V of the COrAdhibm in order to address the problem of dbpwab court
tnjing twmqhout the separate counties of the State:and
V ,during the 2003 session of the State L egis{gtuue,the Legisid"amended various
provisions of the Florida Statutes In order to eon oy with the rscurenterrts od Revision 7;and
WHEREAS, during the 2004 legislative session,the Legislature enacted further aarwrxinw"
to the Florida Statutes in order to provide a more equitable distrbatlorr of msponalbility for funding the
court system;and
WHEREAS,these 2004 Amwxtments are found M Chapter 2004-M,Laws of Florida;and
WHEREAS, Section 939.165, Florida Statutes, slaws each county to adopt a county
orclinanos aweeft additional court cotes, not to exceed $55.00 to be imposed for owtain
misdemeanor,felony, and crinitinal traffic vioiations;and
WHEREAS, the additional UX&V mast be used for: (1)fumft WwwI "to MPPbffwlt
slate funding for the eWerte of the State Coexts System iderdled in Section 29.004, Florida
Statute's, and County funding for bcwi mqukwnwft under Section 29.008(2)(a)Z, Florida Statutes;
(2) personnel and legal materials for the public as part of a law Nay: (3) providing legal aid
programs, and (4) support of teen court program, juvenile aseeswrrert centers and other juvenile
attemative programs,as,determined by the Board of County Commissioners ;and
1491
WHEREAS, the egWdbn echoing these additional costa re titer the Board of County
Comntissoners an ordinance Mulring these Costs;and
WHEREAS, the additional court Cost may We effect on July 1, 2004 provided an wdhwnoe
has been adopted and is in elect on or before July 1,2004;and
WHEREAS,the Governor signed Chapter 2D04-295,Laws of Florida,on May 26,2W4;and
WHEREAS,the County Commission will not meet again urtd ater July 1,2004,with the resist
VW the cast cost would not be In place on July 1,2004, and would result in revenue that otherwise
would be available to be inISVISvably bsti and
WHEREAS,tune is of the essence adopting an ordirwtoe imposbtg the court cost;and
WHEREAS.the Board of County Cmnadssiorms of Monroe County hereby funds and declares
that adoption of this otdhance is necessary, sppropftw, and in the pubNc interest of dtboetts of the
commur ft now therefore:
BE 1T ORDAINED 13Y THE BOARD OF COUNTY OF MONROE
COUNTY,FLORIDA,that:
An emergency is hereby declared and notice waived by a fow4ff tts vote.
Section 24105 of the Monroe County Code of Ohs is hereby crmatle I and
strati read as foibwa:
Sectldtn 24M AdAdwml Court CONN In CrirMnal Cases.
(a) PumLwt to Section 939.185, Florida Statues,an additianli covet cost of Sbdy-
Fnre Doflwa ($55.00)shad be imposed by the oorut when a person pleads gtft or rob contenders
to,or is focmd gutty of,any teeny,medemewor,or criminal trafRc offence under Fbrida Iaws.
(b) Funds received from this additional Court cost shall be distributed as follows:
1. Twenty-five percent(25%) of tits amount collected shad be allocated to
supplement State funding for the elements of the State corms system in Moms County as idwdifisd
in Sect 29.004, Fbrida Statcrtes, and County fundkV for local requirements under Seer
29.008(2xa)2, Florida Statutes.
1492
2. Twenty-fve percent M%)shall be alocated to fund legal aid prowama
in Monmg County condsterd vdh Section 29.Pmt3(3),Florida Statutes.
3. Twenty-flee perms(25%)shad be Wboded to tnd personnel and legal
materials for the public as pat of law Mbrwm.whether as separate Inrsries or as part of the Monroe
County Pubfic library Systern.
4. Twenty-five percent (25%) shod be aaocwtsd to fund teen Court
programs and other juverfb aserrwtrve proms in Monroe County as determined by the Board
of County Conwrissioners.
(c) The court shall order payment of these addibo W court coats In all matters
subjed to this Ordkwm, but may defer Payment 9 the person a whom the cast is imposed Is
(d) At the end of each County fib year durbV which sold adder court coals
are coNecied, any surplus is regttined to be reallocated and truuferred for use m fiord kwKx8ftW to
supplement f mft for the stde Court system in Monroe County under paragraph(AX1)above.
Any and di ordinances in corAct hesewlth are hereby repealed to the extent of any cortl>lct.
It is dedared to be the intent of the Board of Cm* Commissioners of Monroe County,
FlorMs'that if any section,u6mc m,sentence,douse,or Provision of this Ordinance Is hold nvalld,
the remainder of the Ordimence shall be hued as not having contorted NO section,NA"G ion,
sue,chews,or provision,and shad not be affected by such hok tg.
lmIts-Won MR the coda of Ordhwr�.
It is the intent of the Board of County Comwnbsioners that the providons of this ordnance shdl
becorrw and be oracle part of the Monroe County Code of Ondirwrtces and that the sedioru of this
ordnance may be renumbered or relettered.
1493
It
is the lnWnt of the Baru of County Corr n*mdonam that the WwAsiorts of this ordnance may
be mod'ifled as a result of conaidsraflorw that may arlse dwft public howkV& Such nwdifiaons
shall be incorporated into the final version of the ordinance adopted by the Board and flied by the
Clerk to the Board ptm cent to Simon 6.
E1bcfl�b
A certlied caPY of this Ordnance Ali be filed with to Department of State by the Cleric to the
Board within fiat (10) days afw adoption of tuts ominance, and this Ordnance shall take effect on
July 1.2004.
PASSED AND ADOPTED by the Board of Canty Goners of Monroe County, Florida, at a
regulff nee q of sold Board held on the 18th day of June,2004.
Yes
N*wNdsw yes
M"w pro Tarn Rics —X&A—
:1At Spebar
BOARD OF COUNTY COWSSIONERS
Att st My L.KOLHAGE.Clerk OF MONROE COUNTY,FLORIDA
BY
APPROVED AS TO LEGAL FORM
OFFICE OF THE MONROE COUNTY ATTORNEY
ear �� sx � 031•Y
John R.Collins,CouM Amrrtsy
,tad000rlaim�i
Cl�r -
�r> ao �
No
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1494
WOW
(wr
CLERIC OF THE CIRCUrr COURT
MONROE COUNTY BRANCH OFFICE
BRANCH OFRM PiAND1131314 M
MARADI O N SVB COUMHOLIS& MONROE 001MY COURTHOUSE GOVERNWINT CENTER
nV 0V81ww HIGHWAY Son wHI wzw aims=8t=101 MW OVBRWA9 HIGHWAY
MARATHON,FLORIDA nW IMY WW FL nW �M'rEi.M���
F�� FAX OW M 9 O FAX OMOSR-7146
June 18,2004
Mrs.Liz Cloud,Chief
Bureau of Administrative Cade&Laws
The Collins Building
107 W Gaines Street,Suite L43
Tallaahassee FL 32399-0250
hnr Cared Mail 7W 2030 00012"8 7552
Dear Mrs.Cloud,
Enclosed please find oeutified copies of the following:
Ordinance No. 016-2004 declaring that an emgeacy eta and waiving notice by a
four-Mbs vote; anianding the Mourne County Code by adding a Section to Chapter 2, Art.
XXVA to be numbered Section 2-605; providing for imposition of additional court costa m
criminal cases; providing for alkadon of fimds received from additional,court casts; providing
for rope", may,inclusion in the Monroe County Cod%modifications that may arise ffom
consideration at Public Having;and providing for an afrbctive date.
Ordinance No. 017 2004 declaring that an antergency exists and waiving notice by a
four-fi8hs vote; amending the Monroe County Code by adding a Sew to Ordinance by the
Board of County Commissioners of Monroe County ammrd'mg the Monroc County Code by
adding a Safion to Chapter 2, Art. Xn% to bo >ulnibered Section 2-604; providing for
imposition of a age on certain tmffc violations;providing for allocation of funds received
from the surcharge to fimd State Court Facilities;providing for males, severability,inclusion in
the Monroe County Coda,modifications that may arise from cenadaration at Public Hearing;and
providing for an effective date.
These Ordmances were adopted by the Monroe County Hoard of County Commissioners
at a Regular Meeting in f inat session on June 16,2004. Please file for record. Should you have
any questions plesrse feel free to contact Ira at(305)292-3550.
1495
ordfu wm Nos.016-2004 dt 017-2004
Page
Danny L.SolhaP
(leek of the Chu*Court
and ex offccio Clak to the
Board of County Com iasioners
by:
Pamela .Hmcodc,D.C.
ec: Mimia W Code Corporation cerdfred aw/l 7002 2030 00012668 7569
Mum Coady SherM office eerdited mail 7002 2030 00012268 7576
Key Wag police Da wbnmt csrn&W arcdl 7002 20"000126M 7583
Fkm&Higloasy Pout Q Mfied mad 7002 2030 00012668 7590
Flonda Fish&Wildlife Comavao►on Commuan widffed nmadl 7002 2030 0001 226N 7606
County Armor v/o doc ummb
Heomrabk Ju 1p Richard Payme
County Atmrney
BACC
File
1496
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9=014 Statutes&Constitution:View Statutes:OnGne Sunshine
Select Year:
2014 • ; Go
The 2o14 Florida Statutes
Title V Chapter 29 View Entire Chapter
JUDICIAL.BRANCH COURT SYSTEM FUNDING
29.008 County funding of court-related functions.—
(1) Counties are required by s. 14, Art. V of the State Constitution to fund the cost of communications
services, existing radio systems, existing multlagency criminal justice information systems, and the cost of
construction or tease, maintenance, utilities, and security of facilities for the circuit and county courts,
public defenders' offices, state attorneys' offices, guardian ad!item offices, and the offices of the clerks of
the circuit and county courts performing court-related functions. For purposes of this section, the term
"circuit and county courts"includes the offices and staffing of the guardian ad [item programs,and the
term"public defenders' offices"includes the offices of criminal conflict and civil regional counsel.The
county designated under s. 35.05(1) as the headquarters for each appellate district shalt fund these costs
for the appellate division of the public defender's office in that county. For purposes of implementing
these requirements, the term:
(a) "Facility"means reasonable and necessary buildings and office space and appurtenant equipment
and furnishings, structures, real estate, easements, and related interests in real estate, including, but not
limited to, those for the purpose of housing legal materials for use by the general public and personnel,
equipment,or functions of the circuit or county courts, public defenders' offices, state attorneys' offices,
and court-related functions of the office of the clerks of the circuit and county courts and all storage.The
term "facility"includes all wiring necessary for court reporting services. The term also includes access to
parking for such facilities in connection with such court-related functions that may be available free or
from a private provider or a local government for a fee. The office space provided by a county may not be
less than the standards for space allotment adopted by the Department of Management Services, except
this requirement applies only to facilities that are leased, or on which construction commences, after June
30, 2003. County funding must include physical modifications and improvements to all facilities as are
required for compliance with the Americans with Disabilities Act. Upon mutual agreement of a county and
the affected entity in this paragraph, the office space provided by the county may vary from the standards
for space allotment adopted by the Department of Management Services.
1. As of July 1, 2005, equipment and furnishings shall be limited to that appropriate and customary for
courtrooms, hearing rooms, jury facilities, and other public areas in courthouses and any other facility
occupied by the courts, state attorneys, public defenders, guardians ad !item, and criminal conflict and
civil regional counsel. Court reporting equipment in these areas or facilities is not a responsibility of the
county.
2. Equipment and furnishings under this paragraph in existence and owned by counties on July 1, 2005,
except for that in the possession of the clerks, for areas other than courtrooms, hearing rooms, jury
facilities, and other public areas In courthouses and any other facility occupied by the courts, state
attorneys, and public defenders,shall be transferred to the state at no charge.This provision does not
apply to any communications services as defined in paragraph (f).
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(b) "Construction or lease" includes, but is not limited to, all reasonable and necessary costs of the
acquisition or lease of facilities for all judicial officers, staff, jurors, volunteers of a tenant agency, and the
public for the circuit and county courts, the public defenders' offices, state attorneys' offices, and for
performing the court-related functions of the offices of the clerks of the circuit and county courts. This
includes expenses related to financing such facilities and the existing and future cost and bonded
indebtedness associated with placing the facilities in use.
(c) "Maintenance"includes, but is not limited to, all reasonable and necessary costs of custodial and
groundskeeping services and renovation and reconstruction as needed to accommodate functions for the
circuit and county courts, the public defenders' offices, and state attorneys' offices and for performing the
court-related functions of the offices of the clerks of the circuit and county court and for maintaining the
facilities in a condition appropriate and safe for the use intended.
(d) "Utilities" means all electricity services for tight, heat, and power; natural or manufactured gas
services for light, heat, and power;water and wastewater services and systems, stormwater or runoff
services and systems, sewer services and systems, all costs or fees associated with these services and
systems, and any costs or fees associated with the mitigation of environmental impacts directly related to
the facility.
(e) "Security"includes but is not limited to, all reasonable and necessary costs of services of law
enforcement officers or licensed security guards and all electronic, cellular, or digital monitoring and
screening devices necessary to ensure the safety and security of all persons visiting or working in a facility;
to provide for security of the facility, including protection of property owned by the county or the state;
and for security of prisoners brought to any facility.This includes bailiffs white providing courtroom and
other security for each judge and other quasi-judicial officers.
(f) "Communications services"are defined as any reasonable and necessary transmission, emission, and
reception of signs,signals, writings, images, and sounds of intelligence of any nature by wire, radio,
optical, audio equipment, or other electromagnetic systems and includes all facilities and equipment
owned, leased, or used by judges, clerks, public defenders, state attorneys, guardians ad[item, criminal
conflict and civil regional counsel, and all staff of the state courts system, state attorneys' offices, public
defenders' offices, and clerks of the circuit and county courts performing court-related functions. Such
system or services shall include, but not be limited to:
1. Telephone system infrastructure, including computer lines, telephone switching equipment, and
maintenance, and facsimile equipment, wireless communications, cellular telephones, pagers, and video
teleconferencing equipment and line charges. Each county shalt continue to provide access to a local
carrier for local and long distance service and shall pay toll charges for local and long distance service.
2. All computer networks, systems and equipment, including computer hardware and software,
modems, printers, wiring, network connections, maintenance,support staff or services including any
county-funded support staff located in the offices of the circuit court, county courts, state attorneys,
public defenders, guardians ad Utem, and criminal conflict and civil regional counsel; training, supplies,
and tine charges necessary for an integrated computer system to support the operations and management
of the state courts system, the offices of the public defenders, the offices of the state attorneys, the
guardian ad titem offices, the offices of criminal conflict and civil regional counsel, and the offices of the
clerks of the circuit and county courts; and the capability to connect those entities and reporting data to
the state as required for the transmission of revenue, performance accountability, case management, data
collection, budgeting, and auditing purposes.The integrated computer system shall be operational by July
1, 2006, and, at a minimum, permit the exchange of financial, performance accountability, case
management, case disposition, and other data across multiple state and county information systems
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involving multiple users at both the state level and within each judicial circuit and be able to electronically
exchange judicial case background data, sentencing scoresheets, and video evidence information stored in
integrated case management systems over secure networks. Once the integrated system becomes
operational, counties may reject requests to purchase communications services included in this
subparagraph not in compliance with standards, protocols, or processes adopted by the board established
pursuant to formers. 29.0086.
3. Courier messenger and subpoena services.
4. Auxiliary aids and services for qualified individuals with a disability which are necessary to ensure
access to the courts. Such auxiliary aids and services include, but are not limited to, sign language
interpretation services required under the federal Americans with Disabilities Act other than services
required to satisfy due-process requirements and identified as a state funding responsibility pursuant to ss.
29.0-M 29.005 29.006. and 29,007 real-time transcription services for individuals who are hearing
impaired, and assistive listening devices and the equipment necessary to implement such accommodations.
(g) "Existing radio systems"includes, but is not limited to, law enforcement radio systems that are
used by the circuit and county courts, the offices of the public defenders, the offices of the state
attorneys, and for court-related functions of the offices of the clerks of the circuit and county courts. This
includes radio systems that were operational or under contract at the time Revision No. 7, 1998, to Art.V
of the State Constitution was adopted and any enhancements made thereafter, the maintenance of those
systems, and the personnel and supplies necessary for operation.
(h) "Existing multiagency criminal justice information systems"includes, but is not limited to, those
components of the multiagency criminal justice information system as defined in s. 943,045 supporting the
offices of the circuit or county courts, the public defenders' offices, the state attorneys'offices, or those
portions of the offices of the clerks of the circuit and county courts performing court-related functions that
are used to cant'out the court-related activities of those entities.This includes upgrades and maintenance
of the current equipment, maintenance and upgrades of supporting technology infrastructure and
associated staff, and services and expenses to assure continued information sharing and reporting of
information to the state.The counties shall also provide additional information technology services,
hardware, and software as needed for new judges and staff of the state courts system, state attorneys'
offices, public defenders' offices, guardian ad[item offices, and the offices of the clerks of the circuit and
county courts performing court-related functions.
(2) Counties shall pay reasonable and necessary salaries, costs, and expenses of the state courts
system,including associated staff and expenses, to meet local requirements.
(a) Local requirements are those specialized programs, nonjudicial staff, and other expenses associated
with specialized court programs, specialized prosecution needs, specialized defense needs, or resources
required of a local jurisdiction as a result of special factors or circumstances. Local requirements exist:
1. When imposed pursuant to an express statutory directive, based on such factors as provided in
paragraph (b); or
2. When:
a. The county has enacted an ordinance, adopted a local program, or funded activities with a financial
or operational impact on the circuit or a county within the circuit; or
b. Circumstances in a given circuit or county result in or necessitate implementation of specialized
programs, the provision of nonjudicial staff and expenses to specialized court programs, special prosecution
needs, specialized defense needs, or the commitment of resources to the court's jurisdiction.
(b) Factors and circumstances resulting in the establishment of a local requirement include, but are not
limited to:
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1. Geographic factors;
2. Demographic factors;
3. Labor market forces;
4. The number and location of court facilities; or
5. The volume, severity, complexity, or mix of court cases.
(c) Local requirements under subparagraph (a)2. must be determined by the following method:
1. The chief judge of the circuit, in conjunction with the state attorney, the public defender, and the
criminal conflict and civil regional counsel only on matters that impact their offices, shall identify all local
requirements within the circuit or within each county in the circuit and shall identify the reasonable and
necessary salaries, costs, and expenses to meet these local requirements.
2. On or before June 1 of each year, the chief judge shall submit to the board of county commissioners
a tentative budget request for local requirements for the ensuing fiscal year. The tentative budget must
certify a listing of all local requirements and the reasonable and necessary salaries, costs, and expenses for
each local requirement. The board of county commissioners may, by resolution, require the certification to
be submitted earlier.
3. The board of county commissioners shall thereafter treat the certification in accordance with the
county's budgetary procedures.A board of county commissioners may:
a. Determine whether to provide funding, and to what extent it will provide funding, for salaries, costs,
and expenses under this section;
b. Require a county finance officer to conduct a preaudit review of any county funds provided under
this section prior to disbursement;
c. Require review or audit of funds expended under this'section by the appropriate county office;and
d. Provide additional financial support for the courts system, state attorneys, public defenders, or
criminal conflict and civil regional counsel.
(d) Counties may satisfy these requirements by entering into intedocal agreements for the collective
funding of these reasonable and necessary salaries, costs, and expenses.
(3) The following shalt be considered a local requirement pursuant to subparagraph (2)(a)1.:
(a) Legal aid programs, which shall be funded at a level equal to or greater than the amount provided
from filing fees and surcharges to legal aid programs from October 1, 2002, to.September 30, 2003.
(b) Alternative sanction coordinators pursuant to ss. 984.09 and 985.037.
(4)(a) The Department of Financial Services shall review county expenditure reports required under s.
29.0085 for the purpose of ensuring that counties fulfill the responsibilities of this section.The department
shall compare county fiscal reports to determine if expenditures for the items speed in paragraphs(1)
(a)-(h)and subsection (3) have increased by 1.5 percent over the prior county fiscal year. The initial review
must compare county fiscal year 2005-2006 to county fiscal year 2004-2005. if the department finds that
expenditures for the items specified in paragraphs (1)(a)-(h)and subsection (3) have not increased by 1.5
percent over the prior county fiscal year, the department shall notify the President of the Senate and the
Speaker of the House of Representatives and the respective county. The Legislature may determine that a
county has met its obligations for items specified in this section if the prior county fiscal year included
nonrecurring expenditures for facilities or information technology that is not needed in the next county
fiscal year or expenditures or actions that enable a county to attain efficiencies in providing services to the
court system. The Legislature may direct the Department of Revenue to withhold revenue-sharing receipts
distributed pursuant to part 11 of chapter 218, except for revenues used for paying the principal or interest
on bonds, taut anticipation certificates, or any other form of indebtedness allowed under s. 218.25(t), (2),
or (4), from any county that is not in compliance with the funding obligations in this section by an amount
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equal to the difference between the amount spent and the amount that would have been spent had the
county increased expenditures by 1.5 percent per year.
(b) The department shall transfer the withheld payments to the General Revenue Fund by March 31 of
each year for the previous county fiscal year.These payments are appropriated to the Department of
Revenue to pay for these responsibilities on behalf of the county.
1(c) Counties are exempt from all requirements and provisions of paragraph (a)for the 2014-2015 fiscal
year. Accordingly, for the 2014-2015 fiscal year, counties shall maintain, but are not required to increase,
their expenditures for the items specified in paragraphs(1)(a)-(h)and subsection (3). The requirements
described in paragraph (a)shall be reinstated beginning with the 2015-2016 fiscal year.This paragraph
expires July 1,2015.
History.—s.8,ch.2000-237;s.1,ch.2001-265;ss.44,45,ch.2003-402;s.28,ch.2004-265;s. 17,ch.2005-236;s. 105,ch.
2006-120;s.6,ch.2006-122;s. 19,ch.2007-6;s. 19,ch.2007-62;s. 10,ch.2010-153;s.23,ch.2011-47;s.20,ch.2012-119;s.
14,ch.2013-41;s.24,ch.2014.53.
1 Note.—Section 24,ch.2014-53,amended paragraph(4)(c)woln order to implement section 7 of the 2014-2015 Generai
Appropriations Act.p
Copyright O 1"5-2014 The Florida legislature • Privacy statement•Contact Us
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91W014 StaMn 3 Constitution:Va W Statutes:OnGne Sunshine
Select Year. 12014 * ' Go
The 2oi4 Florida Statutes
Title XLYll Chanter 939 View Entire Chanter
CRIMINAL PROCEDURE AND CORRECTIONS COSTS
939.195 Assessment of additional court costs and surcharges.—
(1)(a) The board of county commissioners may adopt by ordinance an additional court cost, not to
exceed$65, to be imposed by the court when a person pleads guilty or nolo contendere to, or is found
guilty of, or adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic
offense under the laws of this state. Such additional assessment shall be accounted for separately by the
county in which the offense occurred and be used only in the county imposing this cost, to be allocated as
follows:
1. Twenty-five percent of the amount collected shall be allocated to fund innovations,as determined
by the chief judge of the circuit, to supplement state funding for the elements of the state courts system
identified in s. 29.004 and county funding for local requirements under s. 29.048(2)(a)2.
2. Twenty-five percent of the amount collected shill be allocated to assist counties in providing legal
aid programs required under s. 29.008(3)(a).
3. Twenty-five percent of the amount collected shall be allocated to fund personnel and legal materials
for the public as part of a law library.
4. Twenty-five percent of the amount collected shall be used as determined by the board of county
commissioners to support teen court programs, except as provided in s. 938.19M, juvenile assessment
centers, and other juvenile alternative programs.
Each county receiving funds under this section shall report the amount of funds collected pursuant to this
section and an itemized list of expenditures for all authorized programs and activities. The report shall be
submitted in a format developed by the Supreme Court to the Governs the Chief Financial Officer, the
President of the Senate, and the Speaker of the Mouse of Representatives on a quarterly basis beginning
with the quarter ending September 30, 2004. Quarterly reports shall be submitted no later than 30 days
after the end of the quarter. Any unspent funds at the close of the county fiscal year allocated under
subparagraphs 2., 3., and 4., shall be transferred for use pursuant to subparagraph 1.
(b) in addition to the court costs imposed under paragraph (a)and any other cost, fine,or penalty
imposed by law, any unit of local government which is consolidated as provided by s. 9, Art. VIII of the
State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State Constitution of 1968, and which is
granted the authority in the State Constitution to exercise all the powers of a municipal corporation, and
any unit of local government operating under a home rule charter adopted pursuant to ss. 10, 11, and 24,
Art. VIII of the State Constitution of 1885, as preserved by s. 6(e),Art. VIII of the State Constitution of
1968,which is granted the authority in the State Constitution to exercise all the powers conferred now or
hereafter by general taw upon municipalities, may impose by ordinance a surcharge in the amount of$85 to
be imposed by the court when a person pleads guilty or nolo contendere to, or is found guilty of, or
adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense under the
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- laws of this state. Revenue from the surcharge shall be transferred to such unit of local government for the
purpose of replacing fine revenue deposited into the clerk's fine and forfeiture fund under s. 142.01.
Proceeds from the imposition of the surcharge authorized in this paragraph shall not be used for the
purpose of securing payment of the principal and interest on bonds.
(c) The disbursement of costs collected under this section shalt be subordinate in priority order of
disbursement to all other state-imposed costs authorized in this chapter, restitution or other compensation
to victims, and child support payments.
(d) The cleric of court shalt cause a certified copy of the court order imposing such costs to be recorded
in the public records. Such record constitutes a lien against the person upon whom the costs are imposed
and shall attach as a lien on any real property owned by such person located in the county in which such
order is recorded in the same manner and to the same extent as a judgment recorded as provided in s.
55.10. Such order shall attach as a lien on any personal property owned by such person located in the state
upon the filing with the Department of State of a judgment lien certificate regarding such order as provided
in ss. 55,202-55,209. A lien created under this paragraph does not attach to,or make subject to execution
of levy or foreclosure, any real or personal property otherwise exempt under s. 4, Art. X of the State
Constitution. A lien created under this paragraph is enforceable in the same manner as provided by taw.
(2) The court shalt order a person to pay the additional court cost. If the person is determined to be
indigent, the clerk shall defer payment of this cost.
Hiswy.—s.88,ch.2004-265;ss.63,n,ch.2005-236;s.3,ch.2007-71;s.14,ch.2009-61;s. 10,ch.2009-215;s.35,ch.
2010-162.
Copyright O 1"5-2414 The Florida Legislature•Privacy Statement •Contact W
htipJlwww.Isg.atat .fLu&tWaMabdwLdm7App mode=Dbp*_S#atute6Sesroh 3trinrr-& i85.htm# ?12
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DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: September 30, 2009
TO: Tina Boan, Sr. Budget Director
ATTN: Ernie Coughlin "
0/X
FROM: Isabel C. DeSantis, D.C. }(�
At the September 16, 2009, Board of County Commissioners meeting the Board granted
approval and authorized execution of the following:
Agreement- Legal Aid Funding between Monroe County and Legal Services of Greater
Miami, Inc. DBA Legal Services of the Florida Keys and Monroe County, to commence on
October 1, 2009 and end on September 30, 2014. The current agreement expires September 30,
2009.
Enclosed is a fully executed duplicate original of the above mentioned document for your
handling. Should you have any questions, please feel free to contact our office.
cc: County Attorney, memo only
Finance
File
1506
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
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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.
S. 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.
(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 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-
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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
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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.
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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, Fl. 33137
For Monroe County:
Suzanne Hutton and Roman Gastesi
County Attorney County Administrator
P.O. Box 1026 1100 Simonton Street
Key West, Fl. 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: _Q c LLu4xy�, - By 44 .ems.
Deputy Clerk Mayor/Chairman
COUNTY ATTO NEB`
FPFiOVED AST R LEGAL SERVICES OF GREATER
MIAMI, INC. DBA LEGAL SERVICES
`,ai
3k A. HUTTON'
OF THE FLORIDA KEYS
By
Marcia K. Cypen, Execu ' e Director
C3
�c M
r,3 M
a
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DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: December 17, 2004
TO. Salvatore Zappulla, Director
Office of Management&Budget
FROM. Pamela G. Hanco
Deputy Clerk
At the December 15, 2004, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Interlocal Agreement between Monroe County, the
Monroe County and Legal Services of Greater Miami, Inc. d/b/a Legal Services of the Florida
Keys for legal aid funding.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please feel free to contact our office.
cc: County Administrator w/o document
County Attorney
Finance
File✓
1515
INTERLOCAL 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 interlocal agreement under the
authority of Chapter 163, Fla. Stat. (2004).
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 interlocal agreement.
b) Quarterly Payments. Thereafter, the Clerk 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 interlocal agreement commences upon execution
by both parties and ends September 30, 2009.
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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.
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 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.
S. 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
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
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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
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,
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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 Grantor.
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.
(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 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-
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.
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(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
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
5
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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.
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:
John R. Collins and Thomas J. Willi
County Attorney County Administrator
P.O. Box 1026 1100 Simonton Street
Key West, FI. 33041-1026 Key West, FI. 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
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1521
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.
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.
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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.execo ed the day and year first above written.
( L'} BOARD OF COUNTY COMMISSIONERS
: 'DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
v
By:
Deputy Clerk IZ-17.2.--i Mayor/Chairman
LEGAL SERVICES OF GREATER
MIAMI, INC. DBA LEGAL SERVICES
OF THE FLORIDA KEYS
By
Marcia K. Cyp n, Executive Director
a�=OA R
Approved for
By: / /4f/
S ne Hutton, County Attorney
^,J
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