Backup Documents 06/22/2010 Item #16K 2ORIGINAL DOCUMENTS CHECKLIST & ROUTING SIP K 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to onginal document Original (I ocurents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board OILce only after the Board has taken action on the item J
ROUTING SLIP
Complete routing lines #1 through 44 as appropriate for additional signatures, dales, and /or information needed. If the document is already complete with the
excention of the Chairman's sienature. draw a line through routin ! lines # 1 throe h 44, com lets the checklist, and forward to Sue Filson (line 45).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
Contact
appropriate,
(Initial)
Applica ble)
2.
6/22/2010
Agenda Item Number
I6K2
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4. Jeffrey A. Klatzkove, County Attorney
County Attorney
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6/24/2010
5. Ian Mitchell, Executive Manager BCC
Board of County Commissioners
Documents Attached
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of one original document pending BCC approval. 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 including Ian Mitchell needs to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC on-ice only after the BCC has acted to approve the
item )
Name of Primary Staff
Jeffrey A. Klatzkow, County Attorney
Phone Number
252 -8400
Contact
appropriate,
(Initial)
Applica ble)
Agenda Date Item was
6/22/2010
Agenda Item Number
I6K2
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Amendment to Agreement re: Legal Aid
Number of Original
Two
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
I. Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08- MGR - 00132/33
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate,
(Initial)
Applica ble)
1.
Original document has been signed /initialed for legal sufficiency. (All documents to be
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signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2,
All handwritten strike - through and revisions have been initialed by the County Attorney's
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Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
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document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
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signature and initials are required,
5.
In most cases (some contracts are an exception), the original document and this routing slip
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should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6.
The document was approved by the BCC on 6/22/2010 and all changes made during
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the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
I. Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08- MGR - 00132/33
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MEMORANDUM
Date: June 25, 2010
To: Jeff Klatkow, County Attorney
County Attorney's Office
From: Ann Jennejohn, Deputy Clerk
Board Minutes & Records Department
Re: Amendment to the Agreement for Collier County
Partial Funding of the Collier County Legal Aid
Attached for your records, is the original agreement amendment referenced above,
(Item #16K2) approved by the Board of County Commissioners June 22, 2010.
The second original amendment document will be held in the Minutes & Records
Department in the Official Records of the Board.
If you have any questions, please contact me at 252 -8406.
Thank you.
Attachment
16K21
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 rA 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, theo'arties 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 1, 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:
1. 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 of this Amendment shall prevail.
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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:
i
rim Name: jaiviina ✓0i16
Attest:
DWIGHT E. BROCK, Clerk
By
ti wily Clerk
04- COA- 01189/369
LEGAL AID SERVICE OF BROWARD
COUNTY, INC. d/b /a LEGAL AID SERVICE
OF COLLIER COUNTY, a Florida not - for -profit
corporation
Bt nthony J. Ka a� '
Executive Director
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
> w
By:
FRED W. COYLE, CHAIRMAN
Item # 10 � v
Agenda c _ f[ i7 o
Date � ��
Date n
Recd �--�
16K2
AGREEMENT FOR COLLIER COUNTY PARTIAL FUNDING OF THE COLLIER
COUNTY LEGAL AID
THIS AGREEMENT is entered into this I `ice day of - DetAmk?ec , 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 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.
Page 2 of 5
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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 1, 2004
and to end on September 30, 2007, 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
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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
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 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
DATED:
ATTEST: -. -,;,r,
DWIGHT E: BRS CK, CLERK
�ttK af't fI*afan's
Apprtrv�d as to- fq 0i and legal sufficiency
as to Colherr-County:
— kkm� "
David C. Weigel
County Attorney
WITNESSES:
(1)
mature
Keith Farr
Printed/Typed Name
Sandra Durham
Printed/Typed Name
Item# 11YCY —'
Agenda
Date
Date
16K2 q
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By, JAI rn�
DOA, CHAIRMAN �alty,py
LEGAL AID SERVICE OF BROWARD
COUNTY, INC. d/b /a/ LEGAL AID
SERVICE OF COLLIER COUNTY, a
Florida not- for - profit corporation
Anthony J. Karrat
Printed /Typed Name
Executive Director
Printed/Typed Title
Page 5 of 5
(Corporate seal)