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