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Home My WebLink About2004-292 Nov 18 PO4 12 : 32p Indian River County 772 - 770 - 5095 p . 2 � • / f- . 2 *Ez 04 �l FUNDING AGREEMENT FOR LEGAL AID BETWEEN INDIAN RiVER COUNTY AND FLORIDA RURAL LEGAL SERVICES , INC . This Funding Agreement For Legal Aid Between Indian River County And Florida Rural Legal Services, Inc. ("Agreement") is made and entered into as of this 23rd day of November , 2004 , nunc pro tunc to July 1 , 2004 , between the Board of County Commissioners of Indian River County, a political subdivision of the State Of Florida , 1840 251h Street , Vero Beach , Florida 32960, hereinafter referred to as the "COUNTY" , and Florida Rural Legal Services , Inc. a private non -profit corporation whose business address Is 3210 Cleveland Avenue , Fort Myers , Florida 33902 , hereinafter referred to as the "GRANTEE " , WJTNESSIETH WHEREAS , in Chapter 2004265 , Laws of Florida , the Florida Legislature created Section 939 . 185 , Florida Statutes (2004) to provide an additional funding source for the court system to counties by allowing each county to adopt a county ordinance assessing additional court costs , not to exceed $65 . 00 ; WHEREAS , the additional funding allowed In section 939 . 185 , Florida Statutes (2004 ) must be used for: ( 1 ) funding innovations in the court system and local requirements under section 29 . 008(2 ) (a )2 , Florida Statutes (2004) ; (2) legal aid programs ; (3 ) local law Ilbrarles; and (4 ) alternative juvenile programs including Veen Court, all as more specifically set forth in Section 939 . 185 , Florida Statutes (2004 ) ; WHEREAS , funding legal aid programs is now considered a local requirement, pursuant to subparagraph (2) ( a ) 1 of section 29 . 008 , Florida Statutes (2004) ; WHEREAS, Indian River County adopted Ordinance No . 2004-019 on June 22 , 2004 , such Ordinance to be effective July 1 , 2004 , and codified in Chapter 305 of the Code of Indian River County, to implement the additional funding allowed in section 939 , 185 , Florida Statutes and to provide funding for, inter alta , legal aid programs ; WHEREAS , Indian River County has determined that Grantee is in the best position to provide the statutorily-required legal aid program to the residents of Indian River County; WHEREAS , the GRANTEE hereby certifies that it has been granted and possesses valid , current licenses to do business in the State of Florida and in Indian River County , Florida ; and WHEREAS, the GRANTEE is qualified , willing and able to provide and perform legal services in accordance with the provisions, conditions and terms hereinafter set forth , NOW, THEREFORE , in consideration of the foregoing , and the terms and provisions as contained herein , the parties agree to the following : 1. F:UttorneyWGAC0urt51PUNDINC AGMEMENT FOR LEGAL. Alb rum servicc.d0c Nov 18 .04 12 . 32p Indian River County 772 - 770 - 5095 p . 3 SECTION I - SCOPE OF SERVICES; TERM A. GRANTEE hereby agrees to provide competent legal advice and representation to poor and indigent residents of Indian River County for home foreclosures , residential landlord- tenant problems, social security, unemployment, Medicare , Medicaid , family law, consumer matters , and other civil matters . B , GRANTEE : Florida Dural Legal Services , tnc. the PROJECT: Legal Aid the FUNDING AMOUNT: Twenty-five percent (25% ) of the amount imposed and collected in Indian River County pursuant to section 305 . 11 of the Code of Indian River County. the PAYMENT METHOD: Payable monthly in arrears on the 10"' of each month by check to GRANTEE during each month of each project period during the term of this Agreement the PROJECT PERIOD : The project period for this Agreement begins on July 1 , 2004 and ends September 30 , 2005 , and is subject to renewal as set forth herein . The TERM: This Agreement shall remain In effect for a term of three (3 ) years (" initial Term"), unless otherwise sooner terminated as provided herein. The Initial Term may be extended by the COUNTY for an additional term of three (3 ) years ("Extension Term") . The decision to exercise the extension option for the Extension Term shall be at the sole discretion of the County. The GRANTEE shall be notified in writing of the intent to extend the Agreement at least ninety (90) days before the expiration of this Agreement. SECTION 11 - DEFINITIONS A . COUNTY shall mean the Board of County Commissioners of Indian River County , a political subdivision of the State of Florida , and all officials and employees . B . GRANTEE shall mean Florida Rural Legal Services , Inc. , a Florida not"for�profit corporation . C . SERVICES shall mean competent legal advice and representation to poor and indigent residents of Indian River County for legal matters . SECTION III - OBLIGATIONS OF THE GRANTEE 1 . The parties agree as follows : a . Administer funds granted to it by the COUNTY to carry out the services as set forth herein described and any revisions submitted to and approved by the COUNTY . 2 I AAttorncy1McAQaurtslFUNU1N(3 AUMEMENT FOR LEGAL AID rural servict,dee NoV 16 04 12 : 33p Indian River Count, 772 - 7745095 p . 4 b. Provide the COUNTY with statistical, narrative , financial , and other evaluative reports as requested . In addition , Grantee shall provide sufficient information to the COUNTY within ten ( 10 ) days after the end of each quarter to enable the County to comply with the reporting requirements imposed by the State of Florida in connection with section 939. 185 , Florida Statutes (2004), c . Retain and make available to the COUNTY, subject to attorney client privilege and confidentiality, and upon request, all financial and programmatic records , supporting documents , statistical records , and other records for the project . d . Retain all records for a period of 5 years from the date of this Agreement. If any litigation , claim , negotiation, audit or other action involving the records has been started before the expiration of the 5 year period , the records shall be retained until completion of the action and resolution of all issues which arise from It, or until the end of the regular 5 year period , whichever is later. e . Use and maintain adequate fiscal authority, control , and accounting procedures that will assure proper disbursement of, and accounting or project funds. f. Perform all acts in connection with this Agreement in strict conformity with all applicable State laws and regulations g . Not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of race , color, religion , gender, national origin , age, physical disability, or marital status . h . Expend all grant funds received under this Agreement solely for the purposes of this Agreement. These funds will not be used for lobbying the legislature, the judicial branch , or any state agency. Repay to the COUNTY any and all funds not thus expended . I , GRANTEE will submit to an audit if requested by COUNTY. SECTION 1V s, COMPENSATION AND METHOD OF PAYMENT 1 . The COUNTY agrees to : Provide funding in accordance with the terms of this Agreement in the amount and frequency as stated herein In consideration of the GRANTEE 's performance hereunder. The County's obligation to pay under this Agreement is based upon any mandates of State law. SECTION V - OBLIGATIONS PARTIES 1 . The GRANTEE and the COUNTY mutually agree that : a , This Instrument embodies the whole agreement of the parties . There are no provisions , terms , conditions , or obligations other than those contained herein , and this Agreement shall supersede all previous communications , representations , or agreements, either verbal or written , between the parties . No amendment shell be effective unless reduced to writing and signed by the parties , b . This Agreement is executed and entered into in the State of Florida , and shall be Construed , performed , and enforced in all respects in accordance with the laws and rules of the State of Florida . Each party shall perform its obligations hereunder in accordance with the terms and conditions of this Agreement. rAAtWMCy\MeAC;uuria%RFNDING 043KECMENT FOR 1,WTAL Alb rural re"c .doc 3 Nov 18 04 12433p Indian River Ceuntu 7 ? 2 - 770 - SASS p . 5 C, If any term or provision of this Agreement is found to be illegal and unenforceable, the remainder of the Agreement shall remain in full force and effect and such term or provision shall be deemed stricken , d . No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such right, Power or remedy of either party; nor shall such delay or omission be construed as a waiver of any Such breach or default, or any similar breach or default. e . This Agreement shall be terminated by the COUNTY because of failure of the GRANTEE to fulfill its obligations under this Agreement in a timely and satisfactory manner unless the GRANTEE demonstrates good cause as to why it cannot fulfril its obligations . Satisfaction of obligations by the GRANTEE shall be determined by the COUNTY based on the terms and conditions imposed on the GRANTEE in this Agreement and compliance with the GRANTEES program guidelines, The COUNTY shall provide GRANTEE a written notice of default letter_ GRANTEE shall have 15 calendar days to cure the default, if the default is not cured by the GRANTEE within the stated period, the COUNTY shall terminate this Agreement, unless the GRANTEE demonstrates good cause as to why it cannot cure the default within the prescribed time period . For purposes of this Agreement, "good cause " is defined as circumstances beyond the GRANTEE 's control , In the event of termination of this Agreement, the GRANTEE will be compensated for any work satisfactorily completed prior to the notification of termination . f• The Grantee shall make available at their office at reasonable times , such books , records, documents, and other evidence for inspection and audit by authorized County representatives for a minimum of five (5) years from the date of this Agreement or as otherwise longer required by Generally Accepted Accounting practices (GAAP), as such Information relates to County funding only, 9 � Surplus funds must be temporarily invested and the interest earned on such investments shall be returned to the COUNTY when remaining funds are returned pursuant to paragraph 111, 14h . h • Bills for services or expenses shall be maintained In detail sufficient for proper pre- audit and post�audit. 1 - The COUNTY shall not be liable to pay attorney fees , interest, late charges and service fees, or cost of collection related to the funding under this Agreement. j The COUNTY shall not assume any liability for the acts , omissions to act or negligence of the GRANTEE , its agents, servants or employees ; nor shall the GRANTEE exclude liability for Its own acts , omissions to act or negligence to the COUNTY. In addition , the GRANTEE hereby agrees to be responsible for any negligence, injury or damage resulting from any activities conducted by the GRANTEE . k. The GRANTEE shall be responsible for all work performed and all expenses incurred in connection with the funding under this Agreement. The GRANTEE may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities , PROVIDED THAT it is understood by the GRANTEE that the COUNTY shall not be liable to the Subcontractor for any expenses or liabilities incurred under the subcontract, and that the GRANTEE shall be solely liable to the Subcontractor for all expenses and liabilities incurred under the subcontract, I• Neither the County , nor its agents, officers or employees waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship . F;1Attnr`1WMcAC0urtsTVND1N(1 AGtM4ENT FOR MAL ATD rural ScrViCa.dor 4 Nov 18 04 Indian River County 772 - 770 - 5095 p , 6 M . The GRANTEE , its officers , agents , and employees , in performance of this Agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the COUNTY, n . The GRANTEE shall not assign , sub-license or otherwise transfer its rights , duties, or obligations under this Agreement without prior written consent of the COUNTY, which consent shall not be unreasonably withheld . The agreement-transferee must demonstrate compliance with the requirements of the program . if the COUNTY approves a transfer of the GRANTEE 's obligations , the GRANTEE remains responsible for all work performed and all expenses Incurred in connection with this Agreement. SECTION VI - NON-DISCRIMINATION The GRANTEE for itself, its successors in interest, and assigns, as part of the consideration thereof, does hereby covenant and agree that in the furnishing of services to the citizens of Indian River County hereunder, no person on the grounds of race, color, national origin , physical disability, gender, age, religion , or marital status shall be excluded from participation in , denied the benefits of, or otherwise be subjected to discrimination . SECTION VII - INSURANCE The GRANTEE shall obtain and maintain the following type of Insurance or self- insurance: Professional Liability Insurance in the amount of $300, 000 . 00; and general liability insurance of the amounts and coverages similar to other legal aid corporations , as approved by Indian River County , IN WITNESS WHEREOF, the parties have executed this Agreement effective the day and year first written above . ATT E °� , )f; Bai'f`oh , Clerk INDIAN RIVER COUNTY h o BOARD OF COUNTY C MISSIONERS a " it A � a ' u Deputy Clerf� By. Arthur R . Neube Chairma BCC Approval Date : 11 /23/2004 PPROVtD P ED S TO FORM AND LEGAL C my A ministrator ! -- Assistant County At AST ; FLO IDA RURAL LEGAL SERVICES , INC . By: Witness Christine E . Larson , Acting Executive Director Date - F_W1orncyN d\CouM\TVND1N0 AGREEMENT FOR LEQ.A.L AID rural mtryfeadoa 5