Agenda 10/22/2013 Item #16K3 10/22/2013 16.K.3.
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Collier County Partial Funding of the Collier
County Legal Aid replacing the Agreement that expired September 30, 2013. There is no new
fiscal impact associated with this Amendment, however, under the original agreement the County
will still be required to pay $108,309.66 or the amount actually collected to assist Collier County in
providing legal aid programs required under Section 29.008(3)(a),Florida Statutes.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chair to
sign, an Agreement for Collier County Partial Funding of the Collier County Legal Aid which will
replace the Agreement which expired on September 30, 2013.
CONSIDERATIONS: On December 14, 2004, the Board entered into an Agreement 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
Agreement was administratively renewed by staff for an additional three-year term which is expired on
September 30, 2010. The Board entered into an Amendment to the original Agreement for an additional
three year term which expired on September 30, 2013.
The attached Agreement mirrors the original agreement and provides for a three year term under the
same terms and conditions as the original Agreement.
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 filing fees and surcharges to legal aid programs from October 1, 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 forth 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 County Attorney has approved this item as to form and legality.
Majority support is required for approval—JAK.
RECOMMENDATION: That the Board of County Commissioners (Board) approves, and authorizes
the Chair to sign, an Agreement for Collier County Partial Funding of the Collier County Legal Aid
which will replace the Agreement which expired on September 30, 2013.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.3.
Item Summary: Recommendation to approve an Agreement for Collier County Partial
Funding of the Collier County Legal Aid replacing the Agreement that expired September 30,
2013. There is no new fiscal impact associated with this Amendment, however, under the
original agreement the County will still be required to pay$108,309.66 or the amount actually
collected to assist Collier County in providing legal aid programs required under Section
29.008(3)(a), Florida Statutes.
Meeting Date: 10/22/2013
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
10/14/2013 3:15:56 PM
Attimk
Approved By
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management&B
Date: 10/14/2013 3:34:32 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/15/2013 10:31:15 AM
Name: OchsLeo
Title: County Manager
Date: 10/15/2013 11:26:02 AM
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10/22/2013 16.K.3.
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."
WITNES SETH:
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
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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.
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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.
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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.
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DATED: BOARD OF COUNTY COMMISSIONERS
ATTEST: ' OF COLLIER COUNTY,FLORIDA
DWIGHT E. BROCK, CLERK
By:
GEORGIA A. HILLER, ESQ,
CHAIRWOMAN
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
WITNESSES: LEGAL AID SERVICE OF BROWARD
COUNTY, INC. d/b/a/LEGAL AID
SERVICE OF COLLIER COUNTY, a
Florida not-for-profit corporation
(1)II /-
s:tine
Janina Evans BA 'IL/// //V
Printed/Typed Name igna ure
/ /�/ Anthony J. Karrat
(2) 11/ Printed/Typed Name
%gnature
Executive Director
Walter Honaman Printed/Typed Title
Printed/Typed Name
(Corporate seal)
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From: Anthony Karrat
To: AllenDebbie
Subject: Legal Aid Contract
Date: Monday,October 07,2013 4:17:58 PM
Debbie,
Please accept this as an acknowledgment that we wish to either amend our agreement with Collier
County for the "Collier County Partial Funding of the Collier County Legal Aid" in order to extend
that agreement for another 3 year term or enter into a new three year agreement. Please let me
know how we can assist in either the amendment or the new agreement.Thank you for your
assistance and I look forward to hearing back from you.
Tony
Anthony J. Karrat I Executive Director I Legal Aid Service of Broward County, Inc.
491 N. State Rd. 7, Plantation, FL 33317 Tel: (954) 736-2402 Fax: (954) 736-2480
akarrat(Wlegalaid.org I www.ltgalaid.org
I\ Laski
iRYt/O M9W14 MO M4-
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