Loading...
Backup Documents 10/22/2013 Item #16K 3ORIGINAL DOCUMENTS CHECKLIST & ROUTING I TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T K % 3 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG TURE Print on pink paper. Attach to original document. The completed routing slip and original documents arc to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. * *NEW ** ROUTING SLIP Complete routing lines #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature. draw a line throueh routine lines # I through #2, complete the checklist, and forward to the County Attorney Office. — the - , Route to Addressees (List in routing order) Office Initials Date 1. appropriate. (Initial) Applicable) 2. 10/2,2/13 1V Agenda Item Number 16K3 3. County Attorney Office County Attorney Office vi :YV�Vo�, a 4. BCC Office Board of County Commissioners Number of Original 2 5. Minutes and Records Clerk of Court's Office Documents Attached `p( (3 Pr 144M PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created /prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above- may need to contact staff for additional or missing information. Name of Primary Staff Jeffrey A. Kl zkow, County Attorney Phone Number 252 -8400 Contact / Department appropriate. (Initial) Applicable) Agenda Date Item was 10/2,2/13 1V Agenda Item Number 16K3 Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, JAK y e. Type of Document Agreement Number of Original 2 Attached Original document has been signed/initialed for legal sufficiency. (All documents to be Documents Attached PO number or account signed by the Chairman, with the exception of most letters, must be reviewed and signed number if document is by the Office of the County Attorney. to be recorded All handwritten strike- through and revisions have been initialed by the County Attorney's JAK INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK y e. provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike- through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases (some contracts are an exception), the originak document and this routing slip - should be provided to the County Attorney Office at the ti e the item is input into SIRE. .0 Some documents are time sensitive and require forwardi to Tallahassee within a certain time frame or the BCC's actions are nullified. Be awl!/of your deadlines! 8. The document was approved by the BCC on 10/22/ (enter date) and all changes JAK made during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the K BCC, all changes directed by the BCC have been made, and the document is ready for he Chairman's signature. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 . i 16K 3! MEMORANDUM Date: October 29, 2013 To: Anthony J. Krrat, Esq., Executive Director Legal Aid Services of Broward County, Inc. 491 North State Road 7 Plantation, Florida 33317 Cc: Jeff Klatzkow, County Attorney County Attorney's Office From: Martha Vergara, Deputy Clerk Board Minutes & Records Department Re: Agreement — Legal Aid Services of Broward County, Inc. Attached for your records is an original copy of the document referenced above, (Agenda Item #16K3), adopted by the Board of County Commissioners on Tuesday, October 22, 2013. If you have any questions, please call me at 252 -7240. Thank you. Attachment 16K 31 Per #2 on the attached Routing Slip, below is the name, agency, address and phone number for the Legal Aid Society Anthony J. Karrat, Esq. Executive Director Legal Aid Service of Broward County, Inc. 491 North State Road 7 Plantation, Florida 33317 Phone: (954) 765 -8950 0 J 16 K 54 AGREEMENT FOR COLLIER COUNTY PARTIAL FUNDING OF THE COLLIER COUNTY LEGAL AID THIS AGREEMENT is entered into this 22nd day of October, 2013 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 indigent 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 purpose; 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 of legal 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 Page 1 of 5 16K 30 NOW, THEREFORE, in consideration of the mutual 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 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 of Broward County, Inc. d/b /a Legal Aid Service of Collier County shall keep its own financial 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 1 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 REQUIREMENTS 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. Page 2 of 5 16K 3 4 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 financial activities. Legal Aid shall keep orderly and complete records of its financial accounts and financial transactions 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 of Legal Aid's fiscal year (December). f. to the extent permitted 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 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. 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 22, 2013 and to end on October 22, 2016, unless terminated 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 (1) 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 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 terminate 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, return receipt requested, and sent to the following addresses: A. As to "Legal Aid" Anthony J. Karrat, Esq. Executive Director Legal Aid Service of Broward County, Inc. 491 North State Road 7 Plantation, Florida 33317 B. As to "County" Office of the County Attorney 3299 East Tamiami Trail Suite 800 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 of the 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 DATEID K 4 t ATT'' DV,H T ly: BO CLERK Jest as o' signatur , .4 legality: Jeffrey County WITNESSES: i (1) JL� (�� L4-11 'Signature (1 Janina Evans Printed /Typed Name (2) Signatu """y r Walter Honaman Printed /Typed Name BOARD OF COUNTY CO OF COLLIER COUNTY, F GEORGIA. HILLER, ESQ, CHAIRWOMAN IONERS A LEGAL AID SERVICE OF BROWARD COUNTY, INC. d/b /a/ LEGAL AID SERVICE OF COLLIER COUNTY, a Florida not - for - profit corporation -t By. �Fature Anthony J. Karrat Printed /Typed Name Executive Director Printed /Typed Title (Corporate seal) Page 5 of 5 I / i