Agenda 06/22/2010 Item #16K 2
Agenda Item No. 16K2
June 22, 2010
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to approve an Amendment to the Agreement for Collier County Partial
Funding of the Collier County Legal Aid extending the expiration date to September 30,
2013.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes its
Chairman to sign, an Amendment to the Agreement for Collier County Partial Funding of the
Collier County Legal Aid which will extend the term of the Agreement to September 30,2013
(three years).
CONSIDERATIONS: On December 14, 2004, the Board entered into an Ab'Teement for
Collier County Partial Funding of the Collier County Legal Aid with the Legal Aid Service of
Broward County, Inc, d/b/a the Legal Aid Service of Collier County, to assist qualified indigent
residents of Collier County with civil legal problems. The initial three-year term of the
Agreement began on October 1,2004. The Ab'Teement was administratively renewed by staff
for an additional three-year term which is scheduled to expire on September 30, 2010. The
proposed Amendment provides for an additional three year extension under the same terms and
conditions as the original Agreement.
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FISCAL IMPACT: There is no change in the fiscal impact portion of the Agreement.
However, it should be noted that the minimum funding for Collier County Legal Aid in any
given fiscal year is the greater of (1) twenty-five percent of the amount actually collected to
assist Collier County in providing legal aid programs required under Section 29.008(3)(a),
Florida Statutes, or (2) the amount provided from tiling fees and surcharges to legal aid
programs from October I, 2002, to September 30, 2003, which is understood to be $108,309.66.
Therefore, the County is obligated to make available to the Legal Aid Society all funds
collected for this program as long as the appropriate receipts are provided to the County for
reimbursement, or $108,309.66, whichever is greater. As set fOJih below, funding of legal aid
by the Counties was mandated by the Legislature, which also provided a funding mechanism.
There is accordingly no discretion on the County's part with respect to minimum funding of
legal aid, though the County is free to provide additional funding beyond the statutory
requirements, should it wish.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Amendment was reviewed by the County
Attorney and is legally sufficient for Board approvaL - JAK
RECOMMENDATION: That the Board of County Commissioners approves, and authorizes
its Chairman to sign the attached Amendment to Ab'Teement for Collier County Partial Funding
ofthe Collier County Legal Aid extending the ternl of the Agrecment to September 30,2013.
.~
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
Agenda Item No 16K2
June 22, 2010
Page 2 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K2
Recommendation to approve an Amendment to the Agreement for Collier County Partial
Funding of the Collier County Legal Aid extending the expiration date to September 30, 2013.
6/22/20109:00:00 AM
Meeting Date:
Preps red By
Jeff Klatzkow County Attorney Date
6nt201o 10:4S:S7 AM
Approved By
Jeff Klatzkow County Attorney Date
61101201010:18 AM
Approved By
OMS Coordinator Date
County Manager's Office Office of Management & Budget 6110/20101:37 PM
Approved By
Randy Greenwald Management/Budget Analyst Date
Office of Management & Office of Management & Budget
Budget 6/10/20103:29 PM
Approved By
Leo E. Ochs, Jr. County Manager Date
County Managers Office County Managers Office 6/11/20107:28 PM
Agenda Item No. 16K2
June 22, 2010
Page 3 of 9
AMENDMENT TO AGREEMENT FOR COLLIER COUNTY PARTIAL FUNDING
OF THE COLLIER COUNTY LEGAL AID
THIS AMENDMENT TO AGREEMENT FOR COLLIER COUNTY PARTIAL
FUNDING OF THE COLLIER COUNTY LEGAL AID ("Amendment") is made and entered
into this _ day of ,2010, by and between Collier County, Florida, a political
subdivision of the State of Florida, through its Board of County Commissioners and the Legal
Aid Service of Broward County, Inc" d/b/a the Legal Aid Service of Collier County, a Florida
not-for-profit corporation, hereinafter collectively referred to as the "Parties."
RECITALS:
WHEREAS, the Parties entered into an Agreement for Collier County Partial Funding of
the Collier County Legal Aid ("Agreement") dated December 14, 2004, a copy of which is
attached hereto; and
WHEREAS, the initial three-year term of the Agreement began on October I, 2004, and
by mutual consent of the Parties, was renewed for an additional term of three years which is
scheduled to terminate on September 30, 2010; and
WHEREAS, the Parties wish to extend the term of the Agreement for an additional three
years consistent with the terms and conditions set forth below.
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the Parties, and in consideration of the covenants
contained herein, the Parties agree as follows:
I. The above RECITALS are true and correct and are hereby expressly incorporated herein
by reference as if set forth fully below.
2. The termination date of the Agreement is hereby extended to September 30, 2013.
3. Except as modified by this Amendment, the Agreement shall remain in full force and
effect If there is a conflict between the terms of this Amendment and the Agreement, the
terms ofthis Amendment shall prevaiL
~
.
Agenda Item No. 16K2
June 22, 2010
Page 4 of 9
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to Agreement
for Collier County Partial Funding of the Collier County Legal Aid to be executed by their
appropriate officials, as of the date first above written.
..
WITNESSES:
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{rint Name: ,j an i nit fi/{Ull':;, .
Attest:
DWIGHT E. BROCK, Clerk
By:
, Deputy Clerk
04-COA-Ol189/369
LEGAL AID SERVICE OF BROW ARD
COUNTY, INe. d/b/a LEGAL AID SERVICE
OF COLLIER COUNTY, a Florida not-for-profit
cOlporation
B&!~~;t/
Anthony 1. K a
Executive Director
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Agenda Item No. 16K2
June 22, 2010
Page 5 of 9
AGREEMENT FOR COLLlERCOUNTY PARTIAL FUNDING OF THE COLLIER
COUNTY LEGAL AID
THIS AGREEMENT is entered into this I L[lt' day of Deu.n-.ber ,2004 by Collier
County, Florida, a political subdivision of the State of Florida, through its Board of County
Commissioners, hereinafter referred to as the "County", and the Legal Aid Service of Broward
County, Inc, d/b/a! the Legal Aid Service of Collier County, a Florida not. for profit corporation,
hereinafter referred to as "Legal Aid",
WITNESSETH:
WHEREAS, on June 16, 1998, the County approved an ordinance providing for partial
funding for a legal aid office in Collier County; and,
WHEREAS, Legal Aid exists to assist qualified indigl:Ilt residents of Collier County with
civil legal problems; and,
WHEREAS, the County, in Collier County Ordinance No. 98-57, specifically found that
providing funding assistance to establish and maintain a legal aid office helps to address a public
need and serves a lawful and necessary public pwpose; and,
WHEREAS, the Legal Aid is a private, not-for-profit corporation to serve as the office
which will address the legal needs of qualified indigent residents of Collier County, and,
WHEREAS, it is in the best interest of the County to enter into a contract with Legal Aid
to conduct activities in accordance with the terms and conditions set forth herein; and,
WHEREAS, in 2004, the Florida Legislature passed Section 29,008(3)(a), Florida
Statutes, which established funding oflegal aid programs as a local requirement at an amount
equal to or greater than amounts funded through filing fees and surcharges in the 2003 fiscal
year; and,
WHEREAS, the County, in Collier County Ordinance No. 2004-42 established an
additional court cost of $65 to be imposed by the Court when a person pleads guilty or nolo
contendere to, or is found guilty of, any felony, misdemeanor, or criminal traffic offense under
the laws of this state; and,
WHEREAS, Section 939.185(a)(2), Florida Statutes, provides that 25% of the additional
costs collected pursuant to County Ordinance No. 2004-42 shall be allocated to assist in
providing legal aid programs required under Section 29.008(3)(a), Florida Statutes; and,
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Agenda Item No 16K2
June 22, 2010
Page 6 of 9
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows.
COUNTY FUNDlNG.
Pursuant to Collier County Ordinance No. 2004-42, and as authorized by Sections
939,185 (a)(2) and 29.008(3)(a), Florida Statutes, the County hereby establishes a budget for the
purpose of assisting with partial funding to staff, equip, ftunish and operate a legal aid office for
the representation of qualified indigent residents of Collier County. Said budget for expenditures
shall be established annually by the County and shall include all funds collected pursuant to
Collier County Ordinance No. 2004-42 for Legal Aid but shall not be less than the amount
mandated by Section 29.008(3)(a), Florida Statutes.
All monies collected by this Ordinance and allocated to Legal Aid shall be spent on
Collier County residents. Legal Aid Service ofBroward County, Inc. d/b/a Legal Aid Service of
Collier County shall keep its own f1I1llllcial accounts and funds collected by this Ordinance will
not be co-mingled with funds from other counties, A monthly accounting of funds collected
under this ordinance shall be provided by the Clerk to Legal Aid.
At the close of the county fiscal year, any unspent funds collected pursuant to Ordinance
No. 2004-42 shall be transferred for the use pursuant to subparagraph 1, Section I of Collier
County Ordinance No. 2004-42.
COUNTY PAYMENT OF LEGAL AID EXPENDITURES.
Payments for expenditures shall be made monthly subsequent to the presentation of
proper invoices/receipts to the Collier County Attorney's Office and authorization for payment
made by the County Attorney's Office.
LEGAL AID REOUIREMENTS,
In performing this Agreement, Legal Aid shall:
a. staff, equip, furnish and operate a legal aid office for the representation of
qualified indigent residents of Collier County who have civil legal problems.
b. use its best efforts to obtain high quality supplies and services for use in the
performance of these services at the lowest practical costs and shall expend funds in accordance
with the established budget.
c. act as an independent contractor in the performance of this Agreement.
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Agenda Item No. 16K2
June 22, 2010
Page 7 of 9
d. provide to the County evidence onegal professional liability insurance with limits
of not less than $500,000 for each claim. Said insurance shall be underwritten by a carrier
acceptable to the County,
e, provide the County and the Clerk of Courts with full and complete access to all
financial records including its budget, private funding sources, expenditures and all fmancial
activities. Legal Aid shall keep orderly and complete records of its financial accounts and
financial Iransactions involving the funds provided to Legal Aid under this Agreement. Legal
Aid shall open these records to inspection by County personnel at reasonable hours during the
entire term of the Agreement. Any person duly authorized by the County shall have full access
and the right to examine any of these records during the term of the Agreement and up to three
(3) years thereafter. The provisions of this paragraph shall survive the termination of this
Agreement as to the fiscal years, or portions thereof, during which this Agreement is in effect.
Legal Aid shall furnish a copy of its annual audit to the County Manager within 120 days of the
end ofLegal Aid's fiscal year (December).
f. to the extent pennitted by law, defend, indemnify and hold harmless the County
from and against all claims, damages, losses and expenses, including reasonable attorney's fees
and costs, arising out of or resulting from the performance by the Legal Aid of its responsibilities
under this Agreement.
g. not assign or subcontract any of the services which are the subject of this
Agrecment without obtaining written consent from the County in advance of said assignment or
subcontracting. Said consent shall not be unreasonably withheld by the County,
h, not discriminate against any employee or person served under this Agreement on
the basis of race, color, sex, sexual orientation, age, religion, ancestry, national origin, handicap
or marital status,
i. comply with all applicable safety laws, ordinances, rules, regulations, standards
and lawful order of any public authority having jurisdiction over the matter in question.
TERM OF AGREEMENT.
The term of this Agreement shall be for a period of three years to begin October I, 2004
and to end on September 30, 2007, unless tenninated earlier in accordance with the provisions of
this Agreement. Absent notice of intent to terminate, the Agreement may be renewed upon
mutual consent of the parties for one (I) additional term of three (3) years. This Agreement is
subject to annual appropriation by the Board of County Commissioners and changes or
amendments to Florida Statutes cited herein.
Page 3 of 5
Agenda Item No. 16K2
June 22, 2010
Page 8 of 9
TERMlNATION OF AGREEMENT:
Subject to Section 29.008(3)(a), Florida Statutes, should either party fail to perform under
the requirements of this Agreement, then the non-breaching party may terminate said Agreement
immediately for cause, Either party may terminate this Agreement for convenience with 120 day
wri !ten notice to the other party.
NOTICES.
All notices required in this Agreement shall be hand delivered or sent by certified mail,
return receipt requested, and sent to the following addresses:
A. As to "Legal Aid"
Anthony J. Karrat, Esq.
Executive Director
Legal Aid Service ofBroward County, Inc.
491 North State Road 7
Plantation, Florida 33317
B. Ai; to "County"
Office of the County Attorney
3301 East Tamiami Trail
Building "F". 8th Floor
Naples, Florida 34112
AMENDMENTS TO THIS AGREEMENT.
Any amendments, alterations, variations, modifications or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing, duly signed by both
parties hereto, and attached to the original of this Agreement.
WAIVER.
Waiver by either party of the breach by the other party of any provisions of this
Agreement shall not be deemed a waiver of any other or subsequent breaches and shall not be
construed to be a modification ofthe terms of this Agreement.
IN WITNESS WHEREOF, the parties, through their duly authorized representatives,
have executed this Agreement on the dates set forth above.
Page 4 of5
DATED:
ATTEST~:.;t,!;O ...',
DWIGHT- E: BRfY€K, CLERK
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ApprOv.ed lIS t& f~'and legal sufficiency
as to COliier;CO'tihty:
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David C, Weigel
County Attorney
WITNESSES:
(1)~7~-
-"ygnllure
Keith Farr
PrinledlTyped Name
(2) L~ /2~L /
Signature
Sandra Durham
Prinl..vT)1led Name
Agenda Item No. 16K2
June 22, 2010
Page 9 of 9
BOARD OF COUNTY COMMISSIONERS
OF COLLlER COUNTY, FLORIDA
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DONNA A, CHAIRMAN \~\\"l.\D'-\
LEGAL AID SERVICE OF BROW ARD
COUNTY, INe. d/b/a! LEGAL AID
SERVICE OF COLLIER COUNTY, a
Florida not-for-profit corporation
~1~;'/
SlgI\Zwre
Anthony J. Karrat
PrinlCdfTyped Name
Executive Director
PrintcdiTyped Title
(Corporate seal)
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