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Agenda 10/12/2010 Item #16J 3 Ac;o;::nda !1'3fT1 r'~O, 16J3 - ~)ctob.::;r 12, 2010 P3ge 1 of 12 EXECUTIVE SUMMARY Recommendation to authorize a Budget Amendment appropriating $29,900 that will provide funding for the Legal Aid Society within the Courts System to cover Article V revenue shortfall for FY 2010. OBJECTIVE; Obtain authorization from the Board of County Commissioners for a budget amendment appropriating $29,900 from the General Fund (001) to assist in covering the shortfall of Article V revenues the Courts experienced in FY 2010. CONSIDERATIONS: Section 939.185, Florida Statutes, allows each county to adopt an ordinance assessing additional court costs not to exceed $65 under Article V of the Florida Constitution. Collier County adopted Ordinance No. 04-42 on June 22, 2004. This ordinance established the programs and their respective percentages they are to receive from these revenues. The revenues have declined over the past four years with the budgets being limited as well. Current year revenues were $29,900 short of expenses. FISCAL IMPACT; Funds are available from reduced General Fund (001) costs for Property Insurance in Other General Administrative. The Legal Aid Society Fund (652) will reduce its Legal Fees revenue and establish a transfer from the General Fund. The overall fund balance of this fund will not change. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The County entered into an Agreement dated December 14, 2004. with Collier County Legal Aid This Agreement, which was extended on June 22, 2010, was entered into pursuant to Ordinance 2004-42, which Ordinance was written in response to the legislative mandate of Section 29.008, Florida Statutes, which mandate was funded pursuant to Section 939185. Florida Statutes. The Agreement provides 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 29008(3)(a), Florida Statutes, or (2) the amount provided from filing fees and surcharges to legal aid programs from October 1, 2002, to September 30, 2003. which I understand was $108,30966. A copy of this Agreement, together With a memorandum I drafted on this issue in 2005, is attached as back-up to this agenda Item. Accordingly, the Board has no discretion but to approve this Budget Amendment. -JAK RECOMMENDATION: That the Board authorizes a Budget Amendment to provide funding from the General Fund (OOi) to cover revenue shortfalls in the amount of $29,900 to the Legal Aid Society Fund (652) PREPARED BY: Randy Greenwald, Management & Budget Analyst, Office of Management & Budget - .!\;::3nda item r~o. 6 3 :J::;t()~)er 12. 20 0 Pa;;e 2 of 2 COLLIER COUNTY 38AP.:J OF COUNTY GaMMISSIO~-!ERS Item Number: Item Summary: 16J3 Recommendation to authorize C1 Budget Amendment appropri2tillg 829,900 that will provide funding for the Legal Aid Society v,'ithin the Courts System to cover Article V revenue shortfall for F\'20 1 O. Meeting Date: 10/12/20109:00:00 Af'J'l Approved By OMS Coordinztor Cate ::oul1ty Manager's Office Office of Manilgement & Bud~Jet 1011/2010 10;21 AM App,'oved By ..icff f<Ja::zf:ow :,ounty p,ttorney Dine 1014.'201010:04 AM Approved By Randy Greenwald r,!;ar.<'.g'?mc:1tf8udget J,c...n&.i::st 8<1te Offi::e ()~ rJ;an2:Jcment & Office c., Ilhanager'i011: &. Budget i (l14i2t}"'-: 0 1 C:: 16 .LM ~?ct:d2et Approved By :"'e::; E :.'::~;s, .ir. :':::c.J:1t', !\/:ar,ag:,n ..;a~c :::Cj~;'lt': I ,2n,~::'i:':'S'~ i;::S ~~c:.I:~:' [,,'c" "0"""- .JfL::'e I'.}.f:;,'::.,:" ';:::2:, D[l: : ;~'r~'; J '--.,--- ~ 2 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 -:2.....\ day of .:r '-'" "'---' , 2010, by and between Collier County, Florida, a political subdivision of the State of Florida, through its Board of County Commissioners and the Legal ..lI.jd Service of Brcward County. Inc., d/b/a the Legal .',\id Service of Collier County, a Florida not-far-profit corporation, hereinafter coilectively referred to as the "Parties." RECITALS: WHEREAS, the Panies entered into an Agreement for Collier County Panial 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 thc Pa..-ues, \\'as 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 Tcn Dollars ($10.00) and other good and valuable consideration excha..-,ged amongst l.1.e Pa."1.ies, and in consideration of the cov::nants contained herein, the Pa...."ies agr::e as follows: 1. The above RECITALS are true and correct and are hereby expressly incorporated herein hv r...f...r6n,...F' ~<;: if <;:<>1 fnrll-- f111hr h""lnnr ~'J '''~_.'''U'''''''''''''. ...._~ ......... ......1 ................. 2. The termination date of the Agreement is hereby extended to Scptember 30, 2013. 3. Except as modified by this Amendment, the Agreement shall remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall prevail. J "...... ^'~{.rl,...;a lj,:;,m 1'0 "6!? r',::.,';;; ';: 1,_1 \I',~:. ",J ;....)crober 12, .:::010 P2:J84 of 12 IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to Agreement for CoIlier County Partial Funding of the Collier County Legal Aid to be executed by their appropriate officials, as of the date first above written. WITNESSES: QI1~ ~~ Print Name: -J al1ll)().- €;a.fl$. J Attest: ,,,,,,.....'..,. DWIGH~~',~~ 8~erk ."'''1,': ,':"7";...,;:., "', <';', . ....': ,,""~~I',~""";:~ '~ "': *t,~..,l'.,',,,~ -':," I~':.~'-"./' .~ Jeffre a kow Count Arney 04-COA-Ql I 891369 LEGAL AID SERVICE OF BROW ARD COUNTY, INe. d/b/a LEGAL AID SERVICE OF COLLIER COUNTY, a Florida not-for-profit corporation ~~ Executive Director BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA iuLw. ~ By: FRED W, COYLE, CHAlRM " h ::~;;;, ',!'J. 6..:3 ~-+~~::-,~-.-;.::o:::;'~~' --'---- F\;;;V: 5 Jf ~ 2 AGREEMENT FOR COLLlERCOUNTY PARTIAL FUNDING OF THE COLLIER COUNTY LEGAL AID THIS AGREEMENT is entered mtD this ) crt' day of "Dec.e.m\:,e. ,2004 by CDllier CDunty, Florida, a pDlitical subdivisiDn Df the Slate Df F1Drida, thrDUgh its BDard Df County CommissiDners, hereinafter referred tD as the "CDWlty", and the Legal Aid Service of Broward County, Inc. d/b/a! the Legal Aid Service of CDllier CDWlty, a FIDrida not-for profit corporation, hereinafter referred tD as "Legal Aid", WITNESSETH: WHEREAS, Dn June 16, 1998, the County approved an ordinance providing for partial funding for a legal aid office in CDllier County; and, WHEREAS, Legal Aid exists to assist qualified indigent residents of Collier County with civil legal problems; and, WHEREAS, the County, in Collier CDunty 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 purpose; and, WHEREAS, thc Legal Aid is a private, not-for-profit corporation to serve as the Dffice which will address the legal needs of qualified indigent residents DfCDllier CDunty, and, WHEREAS, it is in the best interest of the County tD enter intD a contract with Legal Aid tD cDnduct activities in accordance with the terms and cDnditions set fDr'JJ herein; and, WHEREAS, in 2004, the Florida Legislature passed Section 29.008(3)(a), Florida Statutes, which established funding Dflegal aid programs as a IDcal 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 impDsed by the Court when a persDn pleads guilty or nolo contendere to, or is found guilty of, any felony, misdemeanor, or crimina! tr.:fic offense under the laws of this state; and, WHEREAS, Section 939.185(a)(2), FIDrida Statutes, provides that 25% of the additiDnal costs collected pursuant to Coun:y Ordinance No. 2004-42 shall be allDcated to lIBsist in providing legal aid programs required under Section 29.008(3)(a), Florida Statutes; and, Page lof5 I r- /.'r;"n'-':'" I'c:.~, 1\10 ~6 13 -_.-~~'~' '~ct~~fi-'~C ~.~ --'- 6 of 12 NOW, THEREFORE, in consideration of the mutua! promises and covenants contained herein, the parties hereto agree as follows. COUNTY FUNDING. 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, furnish 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 Collicr County Ordinance No. 2004-42 for Legal Aid but shail not be less than the amount mandated by Section 29.oo8(3)(a), Florida Statutes. All monies collected by this Ordinance and alloc<lted to Legal Aid sh<lll 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 financial accoWlts 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 Ordinancc No. 2004-42 shall be lTansferred for the use pursuant to subparagraph I, Section t of Collier County Ordinance No. 2004-42. COUJv.1Y PAYMENT OF LEGAL AID EXPENDITURES. Payments for expenditures shall be made monthly subsequent to the present<ltion 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 petforming 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. Page 2 of5 /\:J~;n:~a ;i~rTl hI'], j 5J3 - ----~-:::J5-&T72____zj-.I.O 7 of ~ 2 d. provide to the County evidence of legal 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 transactions involving the fimds 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 t..l-te righ.t to ~xami...'1e a..."'l)' of t..'lese records dudng the term of the Agi'eement 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 ponions 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 of Legal Aid's fiscal year (December). f. to the extent permitted by law, defend, indemnify and hold hannless 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 Agreement 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. 1. 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 tel'ITljnated earlier in accorda..l1ce with the previsions 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. TIlls Agreement is subject to annual appropriation by the Board of County Commissioners and changes or amendments to Florida Statutes cited herein. Page] of 5 r ):<Jenja item ~Jo, 16J3 .~ ':~~.,X:::f~ 2':::'=' Page 8 of 12 -.-. .--. ,---- "~"--'----'---'-'-- ---'-- TERMINATION 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 tel11linate this Agreement for convenience with 120 day written notice to the other party. NOTICES. All notices required in this Agreement shall be hand delivered or sent by certified mail, retU!ll receipt requested, a.s.~d sent to the following addresses: A. As to "Legal Aid" Anthony J. Karrat, Esq. Executive Director Legal Aid Service ofBroward County,lnc. 491 North State Road 7 Plantation, Florida 33317 B. As to "County" Office ofthe County Attorney 3301 East Tamiami Trail Building "F", 8th Floor Naples, Florida 34112 AMENDMENTS TO THIS AGREEMENT. AJiy 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. W AlVER. Waiver by either patty 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 ofthc 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 of 5 DATED: A1TEST>~r,r.D ^ ' , DW~GlfI' E: :B~~ 9LERK . ,":":.' {:-:7"'-'~" '....:%\, ,-, : "of'" j' ..... ...\ .' . " ' . ", _:_A~tti( ~,s' - .~,tNlIn's - _$,~I(..rt'lWfJ~./ ' Appfeni~d Il& to' fw.m 'and legal sufficiency as to CoJlier'"CO'tiniy: Da~A~pil County Attorney WITNESSES; (1)4~4---- _~anlturc: Keith Farr PnnledlTyped Name (2) L~ /l",L_ , Sign,tute Sandra Durham Pri.ntcdfTyped Name ~JE::-,;l2. !t-=:n", ; JD. .; {3~3 ----~--___O_~~:~:-~;~-(;--,T Pc';]8 ~1 of ~ 2 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By ~~ dAe. DONNA A, CHAIRMAN \~\ILl\()l.\. LEGAL AID SERVICE OF BROWARD COUNTY, INC. d/b/a! LEGAL AID SERVICE OF COLLIER COUNTY, a Florida not-far-profit corporation 4~1~/ SI,"atU~ Anchony J. Karrac PrinledlTyped Name Executive D1~eetnr Printed/TyPed Tirlc (Corporate seal) Page 5 of5 ~t9m t\JO. ~:6 3 Jcbl~;9r 12. 20 0 Pa'92 'i 0 of 2 OFFICE OF THE COUNTY ATTORNEY MEMORANDUM TO: David C. Weigel FROM: Jeffrey A. Klatzkow DATE: August] 8,2005 RE: Legal Aid Funding You have asked my opinion on the required annual County funding for Legal Aid. Summary Answer For the reasons set forth below, I believe that the minimum funding for Collier County Legal Aid in any given fiscal year i. the greater of (1) twenty-five percent of the amount actual]y conected to assist Collier County in providing legal aid programs required under Section 29.008(3)(a), Florida Statutes, or (2) the amount provided from filing fees and surcharges to legal aid programs from October "1, 2002, to September 30, 2003, which r understand was $108,309.66. Therefore, the County is obligated to make available to the Legal Aid Society all funds coHected 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 forth below, funding oflegal 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. Discussion On December ]4, 2004, CoHier County entered into an agreement with the Legal Aid Service of Broward County, Inc., dIbIa the Lcgal Aid Service of CoHier County ("Legal Aid") entitled "Agreement for CoHier County Partial Funding of the Collier County Legal Aid." The Agreement, which runs for three years, terminating September 30, 2007, provides in relevant part as follows. "Pursuant to Collier County Ordinance No. 2004-42, as authorized by Sections 939185(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. furnish 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 .'- !k,~' ;\]0 ';'J:, :~';-~Ll-'81' ~ 2 2010 i 1 of 12 .' 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." This Agreement was based on Collier County Ordinance No, 2004-42, which provides in relevant part as follows: . "Section 1. Additional Court Costs in Criminal Cases. (a) Pursuant to Section 939.185, Florida Statutes, an additional court cost of $65.00 (Sixty-Five Dollars) shall be imposed by the court when a person pleads guilty or nolo contendere to, or is found g'uilty oj; any felony, misdemeanor, or criminal traffic offense under the laws of this state. Such additional assessment shall be accountedfor separately, is to be used only in Collier County, and is to be allocated as follows: 2. Twenty-five percent (25%) of the amount collected shall be allocated to assist Collier County in providing legal aid programs required under Section 29.008(3)(0), Florida Statutes." This Ordinance was drafted in response to a legislative mandate set forth in Section 29.008, Florida Statutes, which pro:-ides in relevant part as follows: "29.008 County funding of court-relatedfunctions, (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 10 an express slatutory directive, based on such factors as provided in paragraph (b); or (3) The following shall 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. .. To fund this legislative mandate, Section 939.185, Florida Statutes provides in relevant .r' , !t';:,'iTl No, "i6 3 O:tGb9f i2, 20 0 ~'age 1: of 2 ~.., part as follows: "939.185 Assessmellt of additional court costs and surcharges.-- (1)(0) The board of county commissioners may adopt by ordinance an additional court cost, not to exceed 565, 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. 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: 2. Twenty-five percent of the amount collected shall be allocated to assist counties in providing legal aid programs required under s. 29.008(3)(a). Accordingly, under the terms of our Agreement with Legal Aid, which Agreement was in keeping with Ordinance 2004-43, which Ordinance was written in response to the legislative mandate of Section 29.008, Florida Statutes, which mandate was funded pursuant to Section 939.] 85, Florida Statutes, the minimum funding for Collier County Legal Aid in any given fiscal year is the greater of (l) 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 filing fees and surcharges to legal aid programs from October I, 2002, to September 30. 2003, which r understand was $108,309.66. As indicated above, to the extent that Legal Aid properly submits invoices to the County for costs covered by its 25% portion of the $65 fee collected, it shall be funded up to the extent of the 25% allocation of collected fees for the fiscal year. A budget amendment, as discussed, would be required to effectuate this fiscal requirement, if the facts are there.