3rd Amendment 02/19/2025 GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: March 13, 2025
TO: Patricia Eables
Assistant County Attorney
Abra Campo,
Contract Administrator
FROM: Liz Yongue, Deputy Clerk
SUBJECT: February 19, 2025 BOCC Meeting
The following item has been executed and added to the record:
C29 3rd 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.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
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("Amendm�e t")to thp, seer for Legal Aid Funding("Agreement"),
is made and entered into thisay of , 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.
1
II
: •3•• The:clauses in Addendum A are•incorporated by reference as though set'forth in full herein. '• , • • .•
• 4.. : • In:all other iespec:ts, the terms and conditions set:forth.in..the•Agreement.as amended shall • • • . . : ••
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:remain unchanged;and in:full force:and leffe.Ct. . • .
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. . . . .
.- . . _ .:7:r •.', .(SEAL)_ :..�;• .. . . . . :•. "' • .. . :. . . .:BOARD•.'OF. COUNTY COMMIS N SIOERS:. . .• . '• • . : .
• • : ' • '- ,, =, f ..`Attest: .Kev i:n•Madok,-Clerk• ' ' • . OF MONROE COUNTY.,.FLORIDA •
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} • • \s'..::•:;':'f,5".$-:?,•tt'.','',..',',';',.0.f• �. '{ yr::�s'1,,,�: .s Deputy..Clerk - 1 N • James:K. Scholl, . : .
Mayor
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L. � E AL SERVIC �OF•GR:EAT TER•MIAMI,
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By: .:
;• Printed-Name:. • Monica Vigues-Pitan,Esq. ' • • :• :.
Executive Director ?•
• . - • -. • •• - .• • •••• .. .. • • •• • -•: •• •• : • :. .. . • : 1 :: • • : - :•. _ ..: 1.:• •:. :- - . :•• • • : • : ,• • : : .•• • .: :• 3:.- ....:.••••••• - A.:- -722 :.. i• : •• - : . :.
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• -. •• •• . •MONRO! COUNTY ATTORNEY.S QFF1cg .
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•PATRICIA '1J_.FS .. • . .
• • .• . SIST +�COUP �TTOI NEY . . ,'"' Cre) 2
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: . •DATE: 2/11J.2 .� - • • • f - '
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Page 2 ofi8 •
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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
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.
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.
Page 3 of 8
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 11.9, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, AT (MONROE COUNTY ATTORNEY'S OFFICE, 1111 IV'
STREET, SUITE 4089 KEY WEST, FL 330409
PUBLICR:FCOR S(i>MONROECOUNTY-FL.G Y, 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 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. 287.1.33.
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
Page 4 of 8
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)
Page 5 of 8
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.
(2) If the Contractor/Consultant has been placed on the Scrutinized Companies with
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
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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AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT
FOR LABOR OR SERVICES
Entity/Vendor Name: Legal Services of Greater Miami, Inc.
Vendor FEIN: 59-1227481
Vendor's Authorized Representative: Monica Vigues-Pitan, Chief Executive Officer
(Flame and Title)
Address: 4343 W. Flagler Street, Suite 100
City: Miami State: Florida Zip: 33134
Phone Number: 305-438-3817
Email Address: mviguespitan@legalservicesmiami.org
As a nongovernmental entity executing, renewing, or extending a contract with a government
entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor
does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes.
As defined in Section 787.06(2)(a), coercion means:
l. Using or threating to use physical force against any person;
2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any
person without lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person when labor or
services are pledged as a security for the debt, if the value of the labor or services as
reasonably assessed is not applied toward the liquidation of the debt, the length and.
nature of the labor or service are not respectively limited 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; J
S. Causing or threating to cause financial harm to any person;
6. Enticing or hiring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule 11 of Section
893.03 to 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 787.06, Florida. Statutes, and agrees to abide by same.
Certified By: Monica Vigues-Pitan who is
authorized to sign on behalf of the above referen company.
Authorized Signature: ''t.
Print Name:Monica Vigues-Pitan
Title:Chief Executive Officer
Page 7 of 8
FOREIGN ENTITIES AFFIDAVIT F.S.287.138
1 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 snaking
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.
P.
(Signature)
Date:
STATE OF: f 1( ( — —
COUNTY OF: Ck(n •t
Subscribed and sworn to or affirmed) before me, by means of 2p-hysical presence or ❑ online
notarization, on l t ! g p;5 (date) by iNA0r-\i C C_[4 -V Gn _
(name of affant). He/She is personally known to me o'Y'' has produced
L- N i`aer'` U enSe (type of identification) as
identification. a
NOTARY PUBLIC
My Commission Expires:
Notary Public state of Florida
Destiny N. George
My Commission
Jill HH 265596
Exp, 5/19/2026
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