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HomeMy WebLinkAboutC13-134 Colorado Legal Services, Inc. Grant Agreement • EAGLE COUNTY GRANT RECIPIENT AGREEMENT BETWEEN EAGLE COUNTY AND GRANT RECIPIENT Grant Recipient: Colorado Legal Services, Inc. DBA Northwest Colorado Legal Services Project Grant Amount: $10,000.00 Grant Period: January 1, 2013 — December 31, 2013 Whereas, Eagle County works to promote the health, safety, and welfare of Eagle County citizens of all ages; and Whereas, among the services Eagle County provides in order to promote such health, safety, and welfare are grants -in -aid to local organizations whose work assists the County in accomplishment of the goal to create and sustain a safe, healthy, and socially diverse community; and Whereas, Northwest Colorado Legal Services Project (hereinafter referred to as "Grant Recipient ") has agreed to provide services that create and sustain a healthy and socially diverse community in Eagle County; and Whereas, Grant Recipient acknowledges that pursuant to the terms of C.R.S. § 24- 76.5 -101, et seq., Eagle County is prohibited from providing certain public benefits to illegal aliens over the age of eighteen. Now, therefore, in consideration of the foregoing premises and the following promises, Eagle County and Grant Recipient enter into this Agreement for payment of the grant award in the amount of Ten Thousand Dollars ($10,000.00) to Grant Recipient. A. Grant Recipient agrees that funds awarded by Eagle County may be used and expended solely for providing legal aid to Eagle County residents who are lawfully present in the United States pursuant to C.R.S. § 24- 76.5 -101, et seq., as specified in the 2013 Community Service Grant Application and Grant Application Budget Section. All funds will be expended in the specified grant period. B. In return for the award of the $10,000.00 grant, Grant Recipient agrees to submit a report discussing how the funds were expended, deliverables as outlined in the Grant Application, and how they tie back to creating and sustaining a healthy and socially diverse community. The report will be due no later than December 31, 2013 or submitted along with the submission of your application for 2014, whichever is first. In addition, if work under the Grant is performed between submission of an application for 2014 and December 31, 2013 a supplemental report can be requested. Grant Recipient agrees to use a modified version of the Colorado Common Grant (CCG) Report format which must be downloaded and printed from the following website: http: / /www.eaglecounty.us/HHS /Community Service Grants/ . C. Payment of the Grant Amount will be made in one installment. el -f 4 D. Grant funds under this Grant Agreement are to be used and expended within the Grant Period. Any funds not used or expended during the Grant Period must be returned to Eagle County. E. If, after payment of the Grant Award, Eagle County reasonably determines that payment was improper because the purposes for which the payment was made were misrepresented, or the terms of this Agreement were breached, then upon written notice of such determination and request for reimbursement from Eagle County, Grant Recipient shall forthwith return such payment to Eagle County. F. In the event of litigation in connection with this Agreement, the prevailing party shall be entitled to recover all reasonable costs incurred, including attorney fees, costs, staff time and other claim related expenses. G. Grant Recipient shall comply at all times and in all respects with all applicable federal, state and local laws, resolutions and codes; and specifically, with the requirements of the Civil Rights Act of 1964 and Section 504, Rehabilitation Act of 1973, concerning discrimination on the basis of race, color, sex, age, religion, political beliefs, national origin or handicap. H. Grant Recipient shall not assign any of its rights or duties under this Grant Agreement to a third party without the prior written consent of County. County shall terminate this Grant Agreement in the event of any assignment without its prior written consent, in which case, any unused Grant Funds must be returned to County. I. Grant Recipient agrees that no agent, employee or volunteer of Grant Recipient shall be deemed an agent, employee or volunteer of County. J. Grant Recipient shall maintain, for a minimum of three (3) years, adequate financial and programmatic records for reporting to County on performance of its responsibilities hereunder. Grant Recipient shall be subject to financial audit by federal, state or county auditors or their designees. Grant Recipient authorizes County to perform audits or to make inspections during normal business hours, upon 48 hour notice to Grant Recipient for the purpose of evaluating performance under this Grant Agreement. Grant Recipient shall cooperate fully with authorized Health and Human Services representatives in the observation and evaluation of the program and records. Grant Recipient shall have the right to dispute any claims of misuse of funds and seek an amicable resolution with County. K. This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue for any suit, right or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. L. This Grant Agreement supersedes all previous communications, negotiations, and /or agreements between the respective parties hereto, either verbal, or written, and the same not expressly contained herein are hereby withdrawn and annulled. M. This Grant Agreement does not, and shall not be deemed or construed to confer upon or grant to any third party or parties any right to claim damages or to bring any suit, action or other proceeding against either Grant Recipient or County because of any breach hereof or because of any of the terms, covenants, agreements and conditions contained herein. N. Invalidity or unenforceability of any provision of this Grant Agreement shall not affect the other provisions hereof, and this Grant Agreement shall be construed as if such invalid or unenforceable provision was omitted. O. Intentionally Omitted. P. Grant Recipient shall carry workers compensation and such other insurance as is necessary in carrying out its performance under the Grant Agreement. Q. If Grant Recipient (hereinafter "Contractor" for purposes of this Paragraph Q) has any employees or subcontractors, Contractor shall comply with C.R.S. § 8 -17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the E- verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. (a) Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. (b) Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E- verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E- verify program can be found at: http:// www .dhs.gov /xprevprot/programs /gc 1185221678 (c) The Contractor shall not use either the E- verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. (d) If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (i) Notify the subcontractor and the County within three (3) days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph (i) of paragraph (d) the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (e) The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8- 17.5- 102(5). (f) If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. (g) The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. R. Grant Recipient shall indemnify County for, and hold and defend the County and its officials, boards, officers, principals and employees harmless from all costs, claims and expenses, including reasonable attorney's fees, arising from claims of any nature whatsoever made by any person in connection with the negligent acts or omissions of, or presentations by, the Grant Recipient in violation of the terms and conditions of this Grant Agreement. S. The signatories aver that to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the service or property described in this Grant. The Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee's services and Grantee shall not employ any person having such known interests. T. Grant Recipient certifies that it has read the Agreement, understands each and every term and the requirements set forth herein, and agrees to comply with the same. Funds will not be disbursed without a signed Gran Recipient Agreement. Please complete this page and return to the Eagle County Administration P epartment. Jonathan D. Asher it... / I .;_ ) � I� Name ignature Executive Director Colorado Legal Services March 6, 2013 Title 1 ate 1905 Sherman Street, Suite 400 Mailing Address Denver, CO 80203 City, State, Zip State of Colorado County of Denver The foregoing instrument was acknowledged before me this 6th day of March, 2013, by D. .— an D. Asher, Executive Director, Colorado Legal Services, a C :rirr6,d6E • +•oration, on beh.lf of e corporat on. i Q • � p A/� y. / 1 (SEAL) V� • „of, / My commissi !n expires: 6/6-43 / • 1 UgL� O My Commission Expires 06/22/2013 COUNTY OF EAGLE, STATE OF COLORADO By and through the Eagle C • my Board of Commissioners k i By: il k "40` _ _ Jon Stavn • irman L ' . . 5 CG - Colorado Common Grant Application SUMMARY SHEET FORM Legal Name of Organization: Colorado Legal Services, Inc. (CLS)', DBA (if applicable): Northwest Colorado Legal Services Project (NCLSP) Mailing Address (and Physical Address if it is different and not confidential): 602 Galena, Frisco Colorado and 5Q51-larrison Ave, Leadville, Colorado ` ' , ' �. P.Q. Box 2694 a u nue a �� , Frisco, CO'80443 . s� ,,. , .: �, :,, t :t2A 1. F • Phone: 1 ,800.521.6968 Fax: 970.668.9642 Website: ColoradoLegalServices.org *t'', v ; ' Organization Email Address: peraig@an`i.net Name of CEO or Executive Director: Jonathan4. A sher, Executive Directs , CLS �, ` Phone: 303.866.9399 Email: jasher @colegalsery of 40,;<'i': Application Contact & Title (if not the CEO or Executive Director): Patricia Craig, Administrator, NCLSP Phone: 970.668.9612 Email: peraig(cr7,amigo.net : Organization Information Year Founded: 1925 Mission Statement: p J Legal i y provide p g high quality, civil legal . The � tsston�of Colorado Le al Services is to rovtde meamn fuI access to hi sez s h e ursuit of ju st i ce for as many low - income erson and mernbers of vulnerable 114. populations, throughout Colorado as possible, r�' " e -, V.;?, , ;'''' ,V� `' -L #, ,r �,pµ y � � N Syr,. 5 , y , V :,''ti -3 ` ^ I .h,.. 6 ,iii} o f i '''''�, 4h..t'i'ie+ ,l+[ »T., � l o £' "'d tS ' F l e '+ Geographic Area Served (specific to this proposal): Eagle County © 2010 Colorado Common Grant Application Northwest Colorado Legal Services Project Page 1 of 5 C G/\ ! Colorado Common Grant Application Grant Request Information Type of Grant Requested (select one): Amount of Request: $10,000 1 1 0 General Operating Support ❑ Program or Project Support „ d - I ; t , ,1,' , .1 1 Name of Program or Project: 1 ';`:' .f. Describe in 1 -2 sentences what the grant will be used for and how your request aligns with Eagle County's community service goal and at least one of the four areas of focus. Refer to the grant guidelines on the website ( www. eaglecounty. us /hhs /community_service_grants). F u ti 4 �� ; a� f ;$ 14' W i�' a ' , t it+ii 4. t �. ” CJ throii its p nership wi th local volunte l.09p.t , focuses 7 ttss a le `Cdur}ty ns on ( °'pro ngt o no ie self sufficiency, ( supporting y servio s tc en n c se �y of, if e , 'and (3) p roinot n living for seniors. WhileIN strives;to informatjon to s many county residents as possible,; volunteer a omey representation is reserved for tli.e civil le al needs of low- income residents that are ctittcal in nature, incL,udin servicesito dome5tt ,vote' ce yl�ctir s needing court orders to seeur' stability "for, themselves aipd,, helr..childa en, fi` rrs %fac ' vi onigifi fo eclos�ure esldents fa *nng1 s;iofin�cgm due1to other } ,medic °and y,, °d � e ors .nene.tng f na eial exploitation, as cl em r, , d th s see t proteeti n, � ���V' 'clv`' e d actives ine1 ingimedical;' , anrdialpo e oaf, am +'� i '� �1 q � � � ) � �� � Financial Information Budget numbers should match the numbers presented in Attachments 1(a) & (b). Organization's Current Budget for Fiscal Year Ending: .120 A r , Income: - 41i 265 ^'(ag � 1e ' Expenses: $ 265 (Eagle) AND, if AN other than a enera 1 operating re u est g q , Program or Project Budget: g J g � a. Dates: from: f f � � to: • Pro - - Income: 1I 1 " , � , . , Expenses: / , r r i : By signing below, I certify that the information contained in this application is true and correct to the best of my knowledge. &A t �R� v u v� ��2�I -i 10/30/2012 Jo t an D. Asher, Executive Director, Colorado Legal S ervices Date ©2 Colorado Common Grant Application Northwest Colorado Legal Services Project Page 2 of 5 , C (; 1 j Colorado Common Grant Application J • ro, OR AO NARRATIVE Northwest Colorado Legal Services Project 1. ORGANIZATION BACKGROUND. The Northwest Colorado Legal Services Project (NCLSP) was formed in 1981 to meet the civil legal needs of low - income persons in eleven rural counties of northwestern Colorado. It is part of Colorado Legal Services (CLS), a statewide 501(c)(3) corporation dedicated to the provision of high quality civil legal services to low- income residents of Colorado. NCLSP serves clients by means of a pro bono and low fee contract model, recruiting local attorneys to provide advice and representation to eligible clients. CLS also provides civil legal information to all residents through its website: ColoradoLegalServices.org. The Leadville NCLSP office serves Eagle County and is staffed by a full -time bilingual paralegal who also staffs NCLSP's toll -free hotline. CLS and NCLSP have experienced funding losses in the past three years which have resulted in the closure of the Gunnison NCLSP office and unfilled CLS staff vacancies amounting to 10% of program staff. 2. GOALS. The mission of Colorado Legal Services is to provide meaningful access to high quality, civil legal services in the pursuit of justice for as many low- income persons and members of vulnerable populations throughout Colorado as possible. The goals of NCLSP are to provide civil legal aid to low - income persons through attorney advice and/or representation, and general legal information to the community through its hotline, workshops, and the CLS website. Goals in Eagle County include expansion of the volunteer attorney panel, recognition of volunteer attorney contributions, networking with other Eagle County agencies serving our client population, and continuation of the Legal Advice Clinic. 3. CURRENT PROGRAMS. In 2011, 215 Eagle County residents contacted NCLSP for assistance. Attorneys provided advice and representation to 63 clients. Other residents received legal information from the Toll -Free Hotline or referrals to other sources of help. Court statistics for Eagle County (state fiscal year 2011) show that 255 family law cases (dissolution or parental responsibility) were filed in District Court, and 97 restraining orders were filed in County Court. Census statistics from the 2011 American Community Survey show a poverty rate of 9.4% in Eagle County. Thanks to the grant from Eagle County, NCLSP was able to reinstate its Legal Advice Clinic in January 2012, after suspending the clinic for lack of resources in mid -2011. Through the Third Quarter of 2012, a total of 34 persons received help through this monthly clinic. Several new attorneys have volunteered for the clinic and are also accepting cases for full representation. Victims of domestic violence and their children remain a high priority for assistance. In 2011, 35% of all Eagle County applicants listed domestic violence as a problem they were experiencing. A grant from the 5 JD V.A.L.E. Board enables NCLSP to refer domestic violence cases to a panel of contract attorneys who specialize in family law issues and are experienced in handling domestic violence situations. These attorneys are paid $65/hour for © 2010 Colorado Common Grant Application Northwest Colorado Legal Services Project Page 3 of 5 • 6 ,.N T .9 r C ' ( • A '- Colorado Common Grant Application cotoR An their time, well below their normal rates. They are able to obtain Final Orders setting rules for parenting time and interactions that help to protect victims from future abuse and provide recourse through the courts if the Orders are not obeyed by the abuser. These Orders impose a framework of law into what has been a personal power struggle and require the abuser to recognize the court's authority over their behavior. For V.A.L.E. cases that closed in 2011, attorneys were reimbursed $25,257 and donated time valued at $47,747 (after their contract payments were subtracted). The V.A.L.E. Board has reduced 2013 grants due to lack of funds. Other high priority cases involve evictions and foreclosures, as well as debt/bankruptcy cases. The Great Recession has resulted in a higher number of these cases, and NCLSP has responded with staff training and increased attention to these critical client needs. For instance, NCLSP often finds that low- income clients are protected from garnishment. (Social Security, public benefits, and most retirement funds cannot be garnished by most creditors.) NCLSP works with both local volunteer attorneys and CLS staff attorneys on these issues — staff attorneys who specialize in poverty law issues can provide reference materials for the resolution of these cases and have accepted some cases for representation in CLS staff offices. Cases which are a lower priority for NCLSP include family law matters where clients and children are not in danger, bankruptcy cases where clients do not have income or assets to protect, or other civil law matters not involving danger, loss of home, or loss of income. NCLSP works to provide advice to clients in as many of these lower priority cases as possible, but saves its limited attorney resources for high priority cases. 4. PROGRAM OR PROJECT REQUESTS ONLY. N/A 5. EVALUATION. a) Describe the organization's overall approach to evaluation. NCLSP seeks input from both clients and attorneys. Each is asked to evaluate their experiences with the program. Clients are surveyed at the conclusion of their cases; the evaluation form is also posted on the CLS website. Attorneys are surveyed at the conclusion of each case. NCLSP also evaluates its case statistics yearly to review its response to client need. CLS conducts a regular Legal Needs Assessment which surveys clients, community members and agencies, the judiciary, and attorneys. Results from the most recent survey are now available on the CLS website and show that CLS is responding to the areas of greatest identified client need. b) Describe how the organization measures impact. Impact measurements include case outcomes, which for our clients involve the establishment of court orders to protect them from future abuse, establish child support or maintenance for future economic security, or prevent homelessness or loss of income. NCLSP also measures impact upon the low- income community, based upon the numbers of clients helped through either advice or representation. NCLSP records attorney donations of time for the program, which in 2011 amounted to time worth $243,517. c) For general operating: Summarize key evaluation results or findings that demonstrate the organization's impact. Indicate the time frame for the results or findings. O 2010 Colorado Common Grant Application Northwest Colorado Legal Services Project Page 4 01'5 ( GA Colorado Common Grant Application (,), oRA 't'� • In the past five years, 10,437 persons sought help from NCLSP with their civil legal needs. During that time, attorneys assisted 1,538 clients, donating 6,546.8 hours valued at $1,108,120.65. 6. COLLABORATION. In the 5th Judicial District (which includes Eagle County), NCLSP works collaboratively with the Continental Divide Bar Association, which donated $15,000 to NCLSP in 2011 and $17,000 in 2012. NCLSP is included in Association meeting agendas and members of the Association participate as volunteer attorneys. NCLSP also receives referrals from and makes referrals to social service agencies in Eagle County, including the Bright Future Foundation, the Eagle County Sheriff's Office Victim Assistance Unit, Catholic Charities, Eagle County Health and Human Services, and senior centers in Eagle, Basalt and Minturn. The Leadville Coordinator participates in the Immigrant Integration meetings coordinated by Catholic Charities, and coordinated a Worker's Rights workshop in Edwards in March 2012 and attended the Healthy Counties, Healthy Families Resource Fair on April 28, and the Community Forum coordinated by the Immigrant Integration committee on September 26 at Battle Mountain High School. Two Eagle County attorneys were recognized as "Friends of the Seniors" at the annual senior awards ceremony held May 16. 7. VOLUNTEERS. Volunteer are the heart of NCLSP. In 2011 attorneys contributed over 1400 hours of their time. When valued at their normal hourly rates (the rate they would have received if they had paying clients in their offices rather than NCLSP clients) their time was valued at over $243,500. Non - attorney volunteers also donate time, helping to coordinate advice clinics for low- income clients and seniors and assisting in NCLSP offices. Recruitment and recognition of volunteers is a vital part of the program. 8. PLANNING. CLS has lost 30% of its budget in the past three years, and anticipates the loss of additional federal funds for at least the next two years. In addition, the Legal Aid Foundation of Colorado and the Colorado Lawyer Trust Account Foundation, two sources of state support, have been forced to reduce funding due to the effects of the Great Recession and low interest rates. The Colorado Supreme Court has generously granted funds to CLS for 2012 and 2013 to help cushion the loss of federal and state support. CLS began planning for budget reductions by not replacing staff who left, and now has a 10% staff vacancy rate. CLS has sought additional grants, including a state foreclosure grant that has permitted it to retain staff specialists in foreclosure issues. NCLSP has lost several small local grants but has been fortunate to retain much of its local funding. And volunteer attorneys, who have themselves experienced the impact of the Great Recession in their practices, have nevertheless stepped up and increased their donations of time. CLS statewide volunteer attorney donations of time have increased 50% in the past two years. Current planning efforts center on the retention of experienced staff and the ability to provide urgent services to clients while at the same time reaching a broad section of the low - income community with brief services including advice and assistance with self -help actions. © 2010 Colorado Common Grant Application Northwest Colorado Legal Services Project Page 5 of 5