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HomeMy WebLinkAboutCAG2021-413 - Amendment - #1 Eastside Legal Assistance Program - CDBG-CV Funded: Low Bono Program: Legal Services - 04/24/2022ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Mayor Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingDate Received by City Attorney: Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 20200218 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached N/A N/A Merina Hanson Parks, Recreation & Community Services 4/22/2022 ASAP 4 N/A B00620.64190.6031 4 4 N/A Contract 2437859 Amendment 4/1/2021 Other 12/31/2022 4 4 AMENDMENT NO. 1 TO AGREEMENT - 1 (between City of Kent and Eastside Legal Assistance Program) AMENDMENT NO. 1 TO CDBG-CV AGREEMENT Between the City of Kent and Eastside Legal Assistance Program This AMENDMENT NO. 1 TO THE CDBG-CV AGREEMENT (“Amendment No. 1”) is made between the CITY OF KENT, a Washington municipal corporation (“City”) and Eastside Legal Assistance Program (“Agency”), collectively the (“Parties”). I. RECITALS 1.1 The City and Agency entered into an Agreement effective July 1, 2021, through which the City contracted with the Agency to use federal grant funds to respond to the COVID-19 pandemic and carry out eligible community development and housing activities under the Housing and Community Development Act of 1974 through regulations promulgated by the Department of Housing and Urban Development (“Agreement”). 1.2 The Agency is utilizing these funds to provide individual COVID-related legal services with attorneys or limited license legal technicians. Legal services may include family law, debt and bankruptcy issues, housing law, employment law and other civil legal issues. 1.3 The Agency is requesting to amend the contract start date to April 1, 2021 to be inclusive of attorney fees that were incurred before the current start date of the contract of July 1, 2021. In addition, the Agency has also requested extending the termination date from July 31, 2022 to December 31, 2022. The funding available under the Agreement will remain the same. 1.4 This Amendment No. 1 is needed to formally adjust the start date to April 1, 2021, to extend the termination date to December 31, 2022, and to ratify all acts consistent with the authority of this Amendment No. 1 and prior to its execution. II. AMENDMENT NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the Parties and other good and valuable consideration, the City and Agency each agree as follows: 2.1 Start Date. Wherever in the Agreement the start or effective date of “July 1, 2021” appears it shall be replaced with “April 1, 2021,” including those references made within the Exhibits. 2.2 Termination Date. Wherever in the Agreement the termination date of “July 31, 2022” appears it shall be replaced with “December 31, 2022,” including those references made within the Exhibits. 2.3 Waiver of Claims Prior to Amendment. The Agency accepts all requirements of this Amendment No. 1 by signing below, by its signature waives any protest or claim it may have regarding this Amendment No. 1, and acknowledges and accepts that this Amendment No. 1 constitutes full payment and final settlement of all claims of any kind AMENDMENT NO. 1 TO AGREEMENT - 2 (between City of Kent and Eastside Legal Assistance Program) or nature arising from or connected with any work either covered or affected by this Amendment No. 1, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. 2.4 Ratification. All acts consistent with the authority of this Amendment No. 1 and prior to its effective date are ratified and affirmed and the terms of the Agreement and this Amendment No. 1 shall be deemed to have applied. 2.5 Remaining Provisions. Except as specifically amended by this Amendment No. 1, all remaining provisions of the Agreement shall remain in full force and effect. The parties whose names appear below swear and affirm that they are authorized to enter into this Amendment No. 1, which is binding on the parties of the Agreement. IN WITNESS, the parties below have executed this Amendment No. 1, which will become effective on the last date written below. AGENCY: Eastside Legal Assistance Program By: (signature) Print Name: Its DATE: CITY: City of Kent By: (signature) Print Name: Its DATE: Jerry Kroon Executive Director 04/24/2022 Merina Hanson (Apr 24, 2022 15:58 PDT) Merina Hanson Human Services Manager 04/24/2022 ELAP CDBG-CV 2021-2022 Project Scope of Services: Agreement with City of Kent - Page 1 First Amendment To EXHIBIT A 2021-2022 SCOPE OF SERVICES Eastside Legal Assistance Program Project Title: Low Bono Program: Legal Services Start Date: 4/1/2021 Project No.: BGCV09 End Date: 12/31/2022 City of Kent Federal Award Identity Numbers (FAIN) B-20-MW-53-001 Funding will provide individual COVID-related legal services with attorneys or limited license legal technicians. Legal services may include, family law, debt and bankruptcy issues, housing law, employment law and other civil legal issues. Grant Amount: $65,000.00 CDBG CV-11: $65,000.00 Total City of Kent Funds: $65,000.00 Project Manager: Gerald (Jerry) Kröon, Executive Director Telephone: Direct - 425.620.2048 Cell – 206.909.5627 E-mail: jerry@elap.org City Contact: Merina Hanson, Human Services Manager Telephone: 253.856.5077 Fax: 253.856.6070 E-mail: mhanson@kentwa.gov Eastside Legal Assistance Program (hereinafter referred to as "the Agency") shall utilize City of Kent Community Development Block Grant -CV funds (hereinafter referred to as CDBG-CV) to perform the activities specified below. Such services shall be provid ed in a manner which fully complies with all applicable federal, state, and local laws, statutes, rules and regulations, as are now in effect or may be hereafter amended . 1) Project Budget The Agency shall apply the following funds to the project in accordance with the Line Item Budget Summary: Line Item Budget Contracted Legal Services (attach contract invoices) $50,700.00 Administrative/Indirect Costs (if costs include administrative time, attach timesheets) $14,300.00 Total: $65,000.00 1 Funds awarded from Round 1 to replace a project that did not proceed. ELAP CDBG-CV 2021-2022 Project Scope of Services: Agreement with City of Kent - Page 2 2) Performance Measures A. Number Served The Agency agrees to serve, at minimum, the following unduplicated number of persons each year of the CDBG Agreement: Reporting Periods 1st Quarter JAN – MARCH 2nd Quarter APRIL – JUNE 3rd Quarter JULY – SEPT 4th Quarter OCT – DEC Total Per Year Number of unduplicated persons assisted 7 3 8 7 25 B. Units of Service The Agency agrees to provide, at minimum, the following units of service by quarter: Reporting Periods 1st Quarter JAN – MARCH 2nd Quarter APRIL – JUNE 3rd Quarter JULY – SEPT 4th Quarter OCT – DEC Total Per Year Legal Assistance (report # of hours) 157 30 157 156 500 C. Definition of Services Legal Assistance: Hours of legal advice and legal assistance provided to defend evictions. Agency shall only list unduplicated count on service reports. (See Conflict of Interest restrictions in CDBG Agreement, Part I, General Conditions, Paragraph 15.) Unduplicated Count of Households/Persons Assisted/Units of Service: This is the unduplicated number of clients served during the reporting period. Unduplicated number means that a person or a household served by your agency may be counted only once during the calendar year. Calendar year is from January 1st to December 30th. 3) Records A. Project Files The Agency shall maintain files for this project containing the following items (all Agency files must contain items 1 – 6, however items 7 – 14 are required only if the costs are paid for by the CDBG budget. If all receiving services in the funded project are not presumed eligible, e.g., homeless, #16 client income must be documented): 1. Notice of Grant Award. 2. CDBG Agreement and all contract exhibits. 3. Motions, resolutions, or minutes documenting Board or Council actions. 4. A copy of this Scope and the City’s Notice to P roceed on this project. 5. Correspondence regarding budget revision requests. ELAP CDBG-CV 2021-2022 Project Scope of Services: Agreement with City of Kent - Page 3 6. Copies of all invoices and reports submitted to the City for this project. 7. Bills for payment. 8. Lease agreement with client name; Agency/Client/Landlord Assistance Agreement with monthly rent, amount owed, amount paid, client signature, landlord name/address and signature. 9. Utility bill with client name; Agency/Client/Utility Company Agreement with monthly charge, amount owed, amount paid, client signature, and utility company name/address and signature. 10. Copies of approved invoices and warrants. 11. Payroll time sheets for actual salary and fringe benefit costs. Time sheets must be signed by a supervisor and annotated to document percent of time charged against this project if less than full time. 12. Documentation of office costs (e.g., log sheets of copy machine use, postage, telephone use, costs of office supplies, etc.) when these costs are shared with other programs and no invoice is available. As an alternative, annotated invoices may be used to document charges as appropriate. 13. Documentation of mileage charges for private auto use must include: a ) odometer reading at beginning and end of trip, b) destination and starting location, and c) purpose for trip. 14. Documentation of the solicitation process used to select vendors and subcontractors with original purchase orders and subcontracts. 15. Documentation required by Part IV, Paragraph 5, if any funds provided under this Scope are used to acquire equipment. 16. Documentation of client income. Unless clients are presumed eligible based on CDBG regulations, the Agency shall screen all clients served with funds provided under this Contract to ensure that at least 95% of the total number of clients served do not have a gross annual family income in excess of the limits specified in Exhibit B. Adjusted gross income as defined by the Internal Revenue Service Form 1040 shall be used to determine persons’ or households’ income. The following methods may be used to determine income eligibility: a) IRS income tax return b) Client income certification on a form approved by the City; or c) Documentation of qualification for participation in a “means-tested” federal or state program at least as restrictive as CDBG with regard to Income Guidelines. Income guidelines may be adjusted periodically by HUD. The Agency agrees to use updated Income Guidelines, which will be provided by the City. B. Record Retention Period All records required by this Scope shall be retained by the Agency for the period specified in the Agreement - Part IV. The period shall commence on January 1 of the year following the year in which the final invoice was paid. 4) Reports, Invoicing and Reporting Schedule A. Reports ELAP CDBG-CV 2021-2022 Project Scope of Services: Agreement with City of Kent - Page 4 The Agency shall collect and report client information to the City quarterly on the Service Units section of Exhibit D (Billing Voucher and Service Report) to be provided by the City. Exhibits D and D-1 (including backup documents) shall be submitted electronically to mhanson@kentwa.gov in accordance with the schedule outlined in Paragraph 3.B. below. Copies of supporting documents shall be emailed as well, or sent via the U.S. Postal Services and postmarked within two days of the due dates listed below.2 B. Invoicing and Reporting Schedule The Agency shall submit Billing Vouchers and Service Reports to the City in accordance with the following schedule: 1st 2nd & 3rd Quarter Billing Voucher & Service Report (Exhibit D) 15th day following each quarter CDBG Public Services Project Time Sheet (Exhibit G, if applicable) 15th day following each quarter 4th Quarter Billing Voucher & Service Report (2021) December 10, 20213 Final Service Report for 2021 (Exhibit D-1)4 January 7, 2022 Final Billing Voucher & Service Report for 2022 (Exhibit D) December 10, 2022 Final Service Report for 2022 (Exhibit D-1) January 7, 2023 2 If the due date falls on a Saturday or Sunday, Billing Vouchers and Service Reports are due on the prior Friday. If the due date falls on a City holiday, Billing Vouchers and Service Reports are due the next working day following the holiday. 3 The initial Q4 report is requested early so that the City will have adequate time to close ou t year-end records. 4 Exhibit D-1 is due only if the service units reported by the Agency on the initial December report (Exhibit D) is less than contractual obligations. Page 1 of 5 Exhibit D Billing Voucher & Service Report 2021-2022 To: Merina Hanson, Human Services Manager Housing & Human Services Parks, Recreation & Community Services 220 4th Ave. South, Kent, WA 98032 mhanson@kentwa.gov Phone: 253.856.5077 From: Gerald (Jerry) Kröon, Executive Director Agency: Eastside Legal Assistance Program jerry@elap.org Phone: Direct - 425.620.2048 Cell – 206.909.5627 Reporting Period Program Amount Requested Low Bono Program: Legal Services $ SEC. 1: BUDGET SUMMARY For Department Use Only Total Contract Amount $ 65,000.00 Amount Requested This Qtr. $ Amount Requested YTD $ Amount Remaining (subtract amount requested YTD from total contract amount) $ SEC.2: LINE ITEM BUDGET SUMMARY COST CATEGORIES ORIGINAL BUDGET TOTAL REQUESTED REVISED BUDGET CUMULATIVE TO DATE 1 Contracted Legal Services (attach contract invoices) $50,700.00 2 Administrative/Indirect Costs (if costs include administrative time, attach timesheets) $14,300.00 GRAND TOTAL $65,000.00 CDBG-CV Page 2 of 5 SEC. 3: PERSONNEL FUNDED IN WHOLE OR IN PART BY CDBG GRANT SEC. 4: PERFORMANCE MEASURES – 2021-2022 KENT FUNDED SERVICE UNITS Note: Unduplicated client counts must be reported both quarterly and year-to-date Service Unit Description Contracted to Serve Contracted to Serve in 2021 Clients Actually Served Year to Date Total Service Unit/Performance Measure 1st 2nd 3rd 4th 1st 2nd 3rd 4th Unduplicated # of Kent clients (persons) served 7 3 8 7 25 Legal Assistance (report # of hours) 157 30 157 156 500 Sec. 5: NARRATIVE Provide a narrative explanation if you are behind in either progress toward meeting performance measures or projected expenditure rate. Page 3 of 5 Sec. 6: DEMOGRAPHIC INFORMATION Number of Households or Persons Assisted (please specify "H" or "P"): Race Unduplicated Quarter (All) Unduplicated Quarter (Hispanic) Undup. Year to Date (All) Unduplicated Year to Date (Hispanic) 1 2 3 4 1 2 3 4 White Black/African American Asian American Indian or Alaska Native Native Hawaiian or Other Pacific Islander American Indian or Alaska Native AND White Asian AND White Black/African American AND White American Indian /Alaska Native AND Black/African American Other Multi-Racial GRAND TOTAL CLIENTS Income Level Unduplicated Quarter Unduplicated Year to Date 1 2 3 4 Extremely Low Income 0-30% of MFI Low Income 31-50% of MFI Moderate Income 51-80% of MFI Above Moderate Income 81% + of MFI GRAND TOTAL CLIENTS Page 4 of 5 By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812). Agency Authorized Signature Date Payment Authorization (this section to be completed by City of Kent only) Contractual Obligations Met? YES NO (Circle one) Enter notes if Agency underperformed: Authorized By: Date: Page 5 of 5 Instructions Refer to: Accomplishments by Performance Measures in your CDBG Contract. Sec. 1: BUDGET SUMMARY Enter the amount requested this quarter, Year to Date (YTD) and the budget balance. SEC. 2: LINE ITEM BUDGET SUMMARY: Enter the amount requested by budget line item quarterly and YTD. SEC. 3: PERSONNEL FUNDED IN WHOLE OR IN PART BY CDBG GRANT Enter the names and titles of personnel being charged to the CDBG grant. Remember all hours charged to CDBG must be tracked and a timesheet certifying the hours worked were to directly support the CDBG funded program must be signed by the employee and supervisor and submitted to the City with the request for reimbursement. SEC. 4: PERFORMANCE MEASURES Unduplicated Count of Households/Persons Assisted Projections: Circle either persons or households according to the method of counting clients specified in your CDBG Contract Scope. Insert the projected number of clients to be served as specified in your CDBG Contract Scope. Achievements: Insert the unduplicated number of clients served during the reporting period. Unduplicated number means that a person or a household served by your agency may be counted only once during the calendar year. You may report only those persons or households for which you maintain written records. This record must be established at the time the person or household is first served by your agency. Year to Date: Insert the total unduplicated number of clients served to date. Service Units Insert the service unit measures specified in your CDBG Contract Scope. Insert the projected number of service units for the reporting period. Insert the actual number of service units provided during the Reporting Period. The actual number of service units provided may be duplicated counts. Duplicated means that a client served by your agency may receive service one or more times during the calendar year in one or more of the service unit categories. SEC. 5: NARRATIVE EXPLANATION You must provide a narrative explanation if your agency is behind in meeting either performance measures specified in your CDBG Contract Scope or your expenditure rate. Your expenditure rate should equal approximately one quarter of your HHS contract amount per quarter. SEC. 6: DEMOGRAPHIC INFORMATION Race: You are required to collect racial and ethnic information for the clients served. There are 10 race categories to select from. Each client should select one of these categories. Clients identifying themselves as Hispanic also need to select from the race categories. Example: A client selects Hispanic as his ethnicity and white as his race. The grand total in the first column will not match the grand total in the second column. You may only have a few clients who identify as Hispanic. Female Head of Household: Insert the unduplicated number of single female head of households with dependents served during the reporting period. Income Only for Non-presumed Benefit Projects which require income screening: Insert the unduplicated clients served who are Low Income (51 –80%), Very Low-Income (31-50%) and Extremely Low-Income (0- 30%). You do not have to complete if your CDBG project directs services toward the following clients: abused children, elderly persons, DV victims, homeless persons, those meeting the federal definition of severely disabled persons, illiterate adults, persons living with aids, or migrant farm workers. Homeless: For programs providing transitional and permanent housing insert the unduplicated clients served. Page 1 of 3 First Amendment To Exhibit D-1 Final Service Report - ELAP 2021-2022 To: Merina Hanson, Human Services Manager Housing & Human Services Parks, Recreation & Community Services 220 4th Ave. South, Kent, WA 98032 mhanson@kentwa.gov Phone: 253.856.5077 From: Gerald (Jerry) Kröon, Executive Director Agency: Eastside Legal Assistance Program jerry@elap.org Phone: Direct - 425.620.2048 Cell – 206.909.5627 Reporting Period Program Final Q4 2022 Report1 Low Bono Program: Legal Services SEC. 1: PERFORMANCE MEASURES – 2021-2022 KENT FUNDED SERVICE UNITS Note: Unduplicated client counts must be reported both quarterly and year-to-date Service Unit Description Contracted to Serve Contracted to Serve in 2021 Clients Actually Served Year to Date Total Service Unit/Performance Measure 1st 2nd 3rd 4th 1st 2nd 3rd 4th Unduplicated # of Kent clients (persons) served 7 3 8 7 25 Legal Assistance (report # of hours) 157 30 157 156 500 Sec. 2: NARRATIVE Provide a narrative explanation if you did not meet performance measures for the contract year 1 This report is due if the Agency has additional service units to report that were not reported on Exhibit D. CDBG-CV Page 2 of 3 Sec. 3: DEMOGRAPHIC INFORMATION Number of Households or Persons Assisted (please specify "H" or "P"): Race Unduplicated Quarter (All) Unduplicated Quarter (Hispanic) Undup. Year to Date (All) Unduplicated Year to Date (Hispanic) 1 2 3 4 1 2 3 4 White Black/African American Asian American Indian or Alaska Native Native Hawaiian or Other Pacific Islander American Indian or Alaska Native AND White Asian AND White Black/African American AND White American Indian /Alaska Native AND Black/African American Other Multi-Racial GRAND TOTAL CLIENTS Income Level Unduplicated Quarter Unduplicated Year to Date 1 2 3 4 Extremely Low Income 0-30% of MFI Low Income 31-50% of MFI Moderate Income 51-80% of MFI Above Moderate Income 81% + of MFI GRAND TOTAL CLIENTS Page 3 of 3 Final Service Report Review (this section to be completed by City of Kent only) Contractual Obligations Met? YES NO (Circle one) Agency Paid in Full? YES NO (Circle one) Enter explanation if Agency underperformed and paid in full: Reviewed By: Date: Signature: Email: Melissa McCormick (Apr 25, 2022 08:08 PDT) Melissa McCormick cityclerk@kentwa.gov 1st Amd CDBG-CV - Eastside Legal Assistance Program Final Audit Report 2022-04-25 Created:2022-04-22 By:KateLynn Jennings (kjennings@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAAlALLqHfuDz7p6coy4gXiuLih17fMjcs9 "1st Amd CDBG-CV - Eastside Legal Assistance Program" Histo ry Document created by KateLynn Jennings (kjennings@kentwa.gov) 2022-04-22 - 7:57:42 PM GMT- IP address: 146.129.252.126 Document emailed to Gerald Kroon (jerry@elap.org) for signature 2022-04-22 - 7:59:54 PM GMT Email viewed by Gerald Kroon (jerry@elap.org) 2022-04-24 - 10:37:08 PM GMT- IP address: 24.16.203.183 Document e-signed by Gerald Kroon (jerry@elap.org) Signature Date: 2022-04-24 - 10:38:53 PM GMT - Time Source: server- IP address: 24.16.203.183 Document emailed to Merina Hanson (mhanson@kentwa.gov) for signature 2022-04-24 - 10:38:54 PM GMT Email viewed by Merina Hanson (mhanson@kentwa.gov) 2022-04-24 - 10:57:30 PM GMT- IP address: 104.28.85.174 Document e-signed by Merina Hanson (mhanson@kentwa.gov) Signature Date: 2022-04-24 - 10:58:23 PM GMT - Time Source: server- IP address: 24.18.250.253 Document emailed to Melissa McCormick (cityclerk@kentwa.gov) for signature 2022-04-24 - 10:58:25 PM GMT Email viewed by Melissa McCormick (cityclerk@kentwa.gov) 2022-04-25 - 3:05:24 PM GMT- IP address: 146.129.252.126 Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date: 2022-04-25 - 3:08:37 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2022-04-25 - 3:08:37 PM GMT