Agenda 12/11/2012 Item #16D 912/11/2012 item 16.D.9.
EXECUTIVE SUMMARY
Recommendation to approve a one -time exception to the 2011 -2012 Community Development Block
Grant (CDBG) agreement between The Shelter for Abused Women & Children (Shelter) and the
Collier County for an after the fact approval of a sub - contract between the Shelter and Legal Aid
Service of Collier County, and make a determination of compliance with the terms of the Scope of
Services set forth in Exhibit "A" of the agreement, as well as to amend the agreement in order to
add Subpart K and records retention timeframes for both the State and HUD regulations and
modify the budget. This amendment will not change the funding level.
OBJECTIVE: Allow for reimbursement to the Shelter for legal services performed by Legal Aid
Service of Collier County beginning July 2012 pursuant to an agreement with the Shelter and allow for
subrecipient agreement modification.
CONSIDERATIONS: On April 24, 2012, the Board approved a subrecipient agreement with the Shelter
for the salaries and benefits of certain legal professionals (Item No. 16D2). Legal services are provided to
the Shelter by Legal Aid of Collier County under a Services Protocol. Shelter clients receive a variety of
legal services, such as, but not limited to: custody orders, protection orders, child support and various
injunctions.
The County's subrecipient agreement with the Shelter contains express language that governs
subcontracts. Section VI. D. of the subrecipient agreement states, in part:
D. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPIENT shall be specifically by
written contract or agreement and such subcontracts shall be subject to each provision of
this Agreement and applicable County, State, and Federal guidelines and regulations.
Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such
subcontracts must be submitted by the SUBRECIPIENT to HHVS for its review and
approval, which will specifically include a determination of compliance with the terms of
the ` attached Scope of Services set forth in Exhibit "A ".
(emphasis added.)
HHVS recently received the first pay reimbursement request from the Shelter, along with an executed
Services Protocol between the Shelter and Legal Aid of Collier County, dated in July 2012. The Shelter
did not pursue prior approval from HHVS as required by the subrecipient agreement.
In order to reimburse the Shelter for payments made to Legal Aid, this item requires an "after -the- fact"
Board approval of the Services Protocol as modified by Addendum and determination of compliance with
the terms of the Scope of Services set forth in Exhibit "A" of the subrecipient agreement. The Addendum
contains terms necessary to meet the requirements of Section VI. D. The Addendum is effective as of
July 31, 2012 to coincide with the original execution of the Services Protocol so that the added terms
apply when the legal services commenced.
At this time HHVS is not aware of any other non - compliance under the terms of the subrecipient
agreement.
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12/11/2012 Item 16.D.9.
This item also requests Board approval of an amendment to the subrecipient agreement. The proposed
Amendment would accomplish the following three items:
1. Revise records retention periods. As background, HUD recently infodned HHVS that certain
subrecipient agreements required modification to records retention provisions as follows:
A. Section VI. General Conditions, Subsection C. Local and Federal Rules. Rigulations and Laws
Reference to 24 CFR Part 570 Subpart K is added. This section reflects rules and regulations
regarding such program requirements as I fair housing, labor standards, environmental standards,
National Flood Insurance Program, relocation/displacement, lead based paint,
debarment/suspensions, ADA, conflicts of interest, etc.
B. Section VII. Administrative Requirements Subsection B. Documentation aad Recordkeepina
Reference to 4 years records retention following project completion is added
C. Section VII. Administrative Requirements Subsection I. Grant Closeout Prpcedures
Florida Statutes regarding records retention is required. Reference to Chapter 119.021 retention
requirements is added
(HUD requested HHVS amend all open subrecipient agreements to incorporate these three items. As such,
there will be additional Board items to request these modifications.)
2. Modify the Budget within Exhibit "A' to reflect changes within the previously approved line
items.
FISCAL IMPACT: FYI Community Development Block Grant funds in the amount of $91,122 are
available within the Housing Grants Fund (705), Project #33176.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a Wjority vote for Board
action. 4BW
GROWTH MANAGEMENT IMPACT: None:
RECOMMENDATION: Recommendation to approve a one -time exception to the subrecipient
agreement between The Shelter for Abused Women & Children and the Collier County for an after the
fact approval of the Legal Services Protocol as modified by Addendum and make a determination of
compliance with the terms of the Scope of Services set forth in Exhibit "A" of the subrecipient agreement,
and approve the other cited amendments.
Prepared By: Sandra Marrero, Grants Coordinator; Housing, Human and Veteran Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.9.
12/11/2012 Item 16.D.9.
Item Summary: Recommendation to approve a one -time exception to the 2011 -2012
Community Development Block Grant (CDBG) agreement between The Shelter for Abused
Women & Children (Shelter) and the Collier County for an after the fact approval of a sub-
contract between the Shelter and Legal Aid Service of Collier County, and make a determination
of compliance with the terms of the Scope of Services set forth in Exhibit "A" of the agreement,
as well as to amend the agreement in order to add SubPart K and records retention timeframes
for both the State and HUD regulations and modify the budget. This amendment will not
change the funding level.
Meeting Date: 12/11/2012
Prepared By
Name: MarreroSandra
Title: Grants Coordinator,Housing, Human & Veteran Services
n 11/8/2012 2:02:58 PM
Submitted by
Title: Grants Coordindtor,Housing, Human & Veteran Services
Name: MarreroSandra
11/8/2012 2:03:00 PM
Approved By
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 11/14/2012 12:47:09 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 11/14/2012 2:16:48 PM
Name: CastorenaMargo
Title: Manager - Federal/State Grants, HHVS
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Date: 11/15/2012 4:26:35 PM
Name: DeSearJacquelyn
Title: Accountant,Housing, Human & Veteran Services
Date: 11/15/2012 5:08:29 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 11/16/2012 10:21:27 AM
Name: AckermanMaria
Title: Senior Accountant, Grants
Date: 11/19/2012 7:51:21 AM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 11/19/2012 5:07:36 PM
Name: CarnellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 11/20/2012 1:46:55 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/21/2012 2 :15:17 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 11/27/2012 5:00:21 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 11/28/2012 4:26:41 PM
Name: OchsLeo
Title: County Manager
Date: 12/1/2012 2:00:12 PM
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12/11/2012 Item 16.D.9.
12/11 /2012 Item 16.D.9.
ADDENDUM TO "LEGAL AID & LEGAL SERVICES PROTOCOL"
Between The Shelter for Abused Women & Children, Inc.
and Legal Aid Service of Collier County
This Addendum to The Legal Aid & Legal Services Protocol is made and entered into November _ /J , 2012
by The Shelter for Abused Women & Children, Inc. ( "Shelfier") and Legal Aid Service of Collier County ( "Legal
Aid "), collectively referred to herein as the "Parties ".
WHEREAS, The Legal Aid & Legal Services Protocol outlines the services to be provided by Legal Aid
to Shelter and specifically those services funded by the CDBG Grant between Collier County and The Shelter,
Grant No. 136- 11 -UC -12 -0016.
WHEREAS, the terms of this Addendum are Intended to be effective as of July 31, 2012, the date of
the last signature on the Legal Aid & Legal Services Protocol.
NOW, THEREFORE, the Parties agree to this Addendum to the Legal Aid & Legal Services Protocol as follows:
1. The Legal Aid & Legal Services Protocol is subject to each provision of the Agreement between Collier
County and Shelter for Abused Women & Children, Inc., dated April 24, 2012, ( "Subrecipient Agreement "),
as it may be amended, and applicable County, State, and Federal guidelines and regulations as required by
Section VI. D of the Subreciplent Agreement.
2. As provided In Exhibit A, Scope of Services, of the Subrecipient Agreement, the amount of CDBG
n Grant funds allocated to Legal Aid will be:
Attorney, full -time, salary & taxes (FICA and Medicare) $27,958
Paralegal, full -time, salary & taxes (FICA and Medicare) $18,590
TOTAL $46,548
(These amounts may only change by amendment to the SubrecipientAgreement)
3. This Addendum is effective as of July 31, 2012.
LAID SERVICE OF THE SHELTER FOR ABUSED
L IER WOMEN & CHILDREN, INC.
Signature Signature �3
Date— Date
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12/11/2012 Item 16.D.9.
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12/11/2012 Item 16.D.9.
Amendment to Agreement between Collier County
and
Shelter for Abused Women & Children, Inc.
Legal Services
Catalog of Federal Domestic Assistance # 14.218
HUD Grant B- 11 -UC -12 -0016
This Amendment, is entered into this day of , 2012, by and between
Shelter for Abused Women & Children, Inc. a private not - for -profit corporation existing under the
laws of the State of Florida, herein after referred to as SUBRECIPIENT and Collier County, Florida,
herein after to be referred to as "COUNTY," collectively stated as the "Parties."
RECITALS
Whereas, on April 24, 2012, the County entered into an Agreement with the Shelter for Abused
Women & Children, Inc. for Community Development Block Grant Program funds to be used for the
staff salaries and legal services staff (hereinafter referred to as the "Agreement "); and
Whereas, the Parties desire to amend the Agreement to reference additional HUD language and
modify the Budget in Exhibit "A ".
NOW THEREFORE, in consideration of the foregoing Recitals, and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree
to amend the Agreement as follows:
Words StFeek ThF are deleted; Words Underlined are added
VI. GENERAL CONDITIONS
C. LOCAL AND FEDERAL RULES REGULATIONS AND LAWS
27. The SUBRECIPIENT agrees to comply with the reouirements of Title 24 of the Code of
Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations
concerning Community Development Block Grants (CDBG) ) including subpart K of
these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's
environmental responsibilities described in 24 CFR 570.604 and (2) the
SUBRECIPIENT does not assume the recipient's responsibility for initiating the review
process under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to
comply with all other applicable Federal state and local laws regulations and policies
governing the funds provided under this contract. The SUBRECIPIENT further agrees
to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available.
Shelter for Abused Women & Children, Inc.
Legal Services
Contract Amendment #1 Page 1 of 4
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12/11/2012 Item 16.D.9.
VII. ADMINISTRATIVE REQUIREMENTS
B. DOCUMENTATION AND RECORDKEEPING
2. , Maps, and etheF data pFeeadur-es
Agreement sheJ! be made available te t-h-A- C-2-0-1-11PIT-3; by the SUBRECIPIENT at ally ti A Ut-A
any event the SUBREGIPIENT shall keep all doeumews and Feeer& fer- six (6) yee&s afler- eyrpirfiti
mete -Upon completion of all work contemplated under this Agreement copies of all
documents and records relating to this Agreement shall be surrendered to HHVS if requested In any
event the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily
accessible, permanent and secured location for four (4) years after expiration of this Agreement with
the following exception: if anv litigation, claim or audit is started before the expiration date of the four
year period, the records will be maintained until all litigation claim or audit findings involving
these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist
after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR
85.42.
I. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making final
payments, disposing of program assets (including the return of all unused materials, equipment,
unspent sash a&amees, program income balances, and receivable accounts to the COUNTY), and
determining the custodianship of records. In addition to the records retention outlined in Section
VII.B.2, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes reaardine records
maintenance, preservation and retention.
EXHIBIT "A"
SCOPE OF SERVICES
Shelter for Abused Women & Children, Inc.
Legal Services
The Housing, Human & Veteran Services Department (HHVS) is reprogramming unexpended
Community Development Block Grant (CDBG) funds from fiscal year 201 1 -2012. A public notice
was made in accordance with the Consolidated Plan and no comments were received. In the
Shelter for Abused Women & Children, Inc.
Legal Services
Contract Amendment #1 Page 2 of 4
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12/11/2012 Item 16.D.9.
advertisement, the public was made aware that the reprogrammed funds from this Action Plan were
going to be utilized for salaries for the support of victims of domestic abuse. The services will include,
but not be limited to custody orders, protective orders, child support, filing fees, and injunctions.
CDBG funding will be used for costs associated with staffing for the program which will include
salaries and benefits for a Legal Services Supervisor (75 %), Legal Services Advocate (100 %), Legal
Aid Attorney (100 %), and Paralegal (100 %). The grant will cover Salary and Taxes for an Outreach
Advocate (part- time), and a Director of Programs (5 %).
B. BUDGET
Line Item Description CDBG Funds
Legal Services Supervisor (75 %) $ 16,351.00
Legal Services Advocate (100 %) $ 4
$21,735.00
Legal Aid Attorney (full -time) $ 27,958.00
Paralegal (fall -time) $ 18,590.00
Outreach Advocate (part-time) $ 501.00
Director of Programs (5 %) $ 4,260. g
1,427.00
TOTAL $ 91,122.00
Shelter for Abused Women & Children, Inc.
Legal Services
Contract Amendment #1 Page 3 of 4
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12/11 /2012 Item 16.D.9.
IN WITNESS WHEREOF, the Parties and have executed this Second Amendment on the date and
year first written above.
Attest:
DWIGHT E. BROCK, Clerk
By:
DEPUTY CLERK
WITNESSES:
Print Name: 011-9/'61 5AdPR2s
1.- pt \���, r s
Print Name• z '
Approved as for form
and legal sufficiency
Jennifer B. White
Assistant County Attorney
Shelter for Abused Women & Children, Inc.
Legal Services
Contract Amendment #1
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, CHAIRMAN
LINDA OBERHAUS
SHELTER FOR ABUSED WOMEN & CHILDREN
INC.
a private not - for - profit corporation
By:
Signature
LItJDk �t3rr2 ct S
Printed/Typed Name
F—X Ec-, -C t \i T--- Df
Printed/Typed Title
(corporate seal)
Page 4 of 4
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12/11/2012 Item 16.D.9.
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LEGAL AID & LEGAL SERVICES PROTOCOL
SCOPE OF SERVICES:
The Shelter's mission is to lead the community to prevent, protect and prevail over domestic violence through
advocacy, empowerment and social change. Our vision is a community without domestic violence so that every
home is a safe haven for the family it shelters. The ability to resolve legal related issues are one of the top five
reasons victims stay in abusive relationships. Innovative legal services Focus on the solution and empower
survivors to successfully go from tragedy to triumph. The Shelter has established a collaborative partnership with
Legal Aid Services of Collier County to address legal needs of victims, stress continuum of services and reflect
successful national legal aid trends in prevention, education and intervention.
The goal of the collaborative partnership will support or provide direct legal services on behalf of victims of
domestic violence in civil matters directly related to domestic violence. Legal Aid services include:
• Onsite and in court pro bono support for injunctions for protection.
• A Legal Clearinghouse Attorney located at the Legal Aid offices who will provide assistance as follows:
• Assisting 7 InVEST cases with injunctions For protection.
• Providing advocacy for InVEST cases.
o Assisting 23 participants with injunctions for protection.
• General consultation with 30 additional participants regarding civil matters such as divorce,
custody, spousal support, and visitation issues.
These services will empower families, promote self - sufficiency and create a safer community. We will be able to
better serve low to moderate income level victims of domestic violence who need our help in securing, modifying
and enforcing protection orders; obtaining a divorce or separation; obtaining spousal and child support; and
resolving child custody and visitation issues.
ELIGIBILITY FOR LEGAL AID & LEGAL SERVICES
Services are available for Emergency Shelter, Naples Outreach and Immokalee Outreach participants. New one
page questionnaires have been created and must be completed for a participant to be considered For either of
the legal counsel programs. Criteria For selection will be based upon completeness of paperwork, complexity of
the case, and urgency of the situation to be addressed. The Naples Court Advocate, with input from
management, will review all submissions For consideration and make their selections accordingly. On occasion,
the decision may be based solely on caseload. Every effort will be made to keep all Program Managers abreast
of scheduling conflicts that may interfere with services.
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12/11/2012 Item 16.D.9.
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LEGAL AID & LEGAL SERVICES PROTOCOL
PARTICIPANT ELIGIBILITY FOR ONSITE SERVICES INCLUDES:
• Must be an active participant of The Shelter with an assigned Advocate
• Victims and survivors in need of legal assistance living in our Emergency Shelter or who are active
participants through Naples or Immokalee Outreach
• Low or no income meeting the Legal Aid federal guidelines
• No assets in their name, no income stream, no access to bank, trust, or estate accounts that are in the
name of the abuser
• Victims or survivors needing consultation on civil legal matters like custody, consumer credit rights,
divorce, and child support. The civil cases must be directly related to domestic violence
•
Victims ror survivors needing assistance with Injunctions for Protections
THE LEGAL AID REFERRAL AND SERVICE PROCESS
• A participant should request legal assistance through their Advocate or while in DV court through the
Naples Court Advocate.
• The Advocate completes the Legal Questionnaire and Release of Information Form.
• The completed questionnaire and form is given to the Naples Court Advocate.
• The Legal Questionnaire is reviewed for completeness and eligibility.
• The Naples Court Advocate sends the eligible approved questionnaires to Legal Aid.
• Legal Aid assesses for conflict.
• Legal Aid advises the Naples Court Advocate of status.
• For pro bono work the remaining process is as follows:
• Legal Aid informs Naples Court Advocate of scheduled appointments being held at The Shelter
weekly between 9:00am and 5:00pm.
• Naples Court Advocate informs participant's Advocate of scheduled appointment.
• Each participant will have a 45 minute to one hour session with attorney or paralegal.
• All communication about the pro bono work will occur directly between the pro bono attorney
and the participant not through any shelter Advocate.
• Legal Clearinghouse work process is as follows:
o All Legal Clearinghouse and InVEST Legal Clearinghouse appointments will occur at ffie Legal Aid
offices.
• The Legal Clearinghouse attorney will contact the participant directly to schedule appointments.
• All communication about Legal Clearinghouse cases will occur directly between the Legal
Clearing House Attorney and the participant — not through any shelter Advocate.
2
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12/11/2012 Item 16.D.9.
ro..Iuno Mort. a cwtvalr
LEGAL AID & LEGAL SERVICES PROTOCOL
ADVOCATE REsPONSIBILtTY:
• It is the Advocate's responsibility to offer legal services to each participant and remind them that because
a referral has been made does not mean they automatically qualify for services.
• If the participant has paperwork already completed, the Advocate must make sure that the participant is
aware they are responsible to bring the paperwork to his or her scheduled appointment on time.
• The Advocate must complete an eligibility questionnaire and release of information. It is imperative that
the Advocate be mindful and remind the participant that if they have questions regarding their
appointment or questions about their case they must contact Legal Aid directly.
• The Advocate must submit the completed paperwork to the Naples Outreach Court Advocate for review
and consideration.
• If the paperwork is incomplete, the Naples Court Advocate will place the incomplete paperwork in the
Advocate's mailbox indicating what needs to be corrected.
• Advocates must advise participants that the Court Advocate is not an attorney and therefore cannot give
legal advice to participants; however participants may have the option to meet with Legal Aid and have
a general consultation following the referral protocol. The Court Advocate, however, can offer education
n on the court process.
SELECTION CRITERIA
Candidates will be selected based on the following criteria:
1. Must be an active participant working with The Shelter.
2. Must be successfully working toward achieving goals.
3. Preference will be given to those who are in danger or harm's way.
SELECTION PROCESS
1. Clients for Legal Aid will have appointments scheduled based on the availability of the pro bono team.
2. Requests for services and necessary paperwork must be submitted to the Naples Court Advocate.
3. The Naples Court Advocate will review the referral request and supporting documentation to ensure
completeness and accuracy.
SCHEDULING APPOINTMENTS
1. Pro bono appointments will be scheduled weekly between the hours of 9:00am and 5:00 pm.
2. Legal Clearinghouse appointments will be scheduled by the Legal Clearinghouse attorneys based on their
schedule and the participant's availability.
3
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12/11/2012 Item 16.D.9.
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to. .4:9to.0.M. •
LEGAL AID & LEGAL SERVICES PROTOCOL
REMINDER:
It is the responsibility of the referring Advocate to continue to assist participants with restraining order
paperwork as much as possible. in the event that a court hearing is scheduled prior to Legal Aid being able
to meet with the participant, the Advocate will prepare participant to verbally request an extension from the
judge during the court hearing due to not having sufficient time to meet with Legal Aid. Whether the request
is granted or denied the Legal Aid referral will continue as stated in protocol. It is essential that the
paperwork presented to the attorneys is as complete as possible.
This service in no way negates the Advocate's court advocacy responsibilities.
Linda Oberhaus, Executive Director
The Shelter for Abused Women & Children
r Ahren, Pro Bono Coordinator
Legal Aid Service of Collier County
7/�411�2-
Date
--� 73 Z
Date
4
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12/11/2012 Item 16.D.9.
i..i ♦t, tfG W'lfM� 4 0: n:; }Li.N
LEGAL AID & LEGAL SERVICES PROTOCOL
J
1
Carol A. O'Callaghan, Manogin ftorney Date
Legal Aid Service of Collier Cou
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