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2001-02 Appropriations 08/15/2001 CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: August 23,2001 TO: Theresa Westerfield, Administrator Court Judicial Services Pamela G. Hanc~ Deputy Clerk CJJ FROM: At the August 15, 2001, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Grant-in-aid Agreement for the Civil Traffic Infraction Hearing Officer Program between Monroe County and the Office of the State Courts Administrator for continuation of the civil traffic infraction hearing officer program in Monroe County. Enclosed please find three duplicate originals of the above, executed on behalf of Monroe County, for your handling. Please be sure that the fully executed "Clerk's Original" is returned to myself or Belle. Should you have any questions please feel free to contact our office. Cc: County Administrator w/o document County Attorney Finance File I ClERK"S ORIGUNAl . ORIGINAL Grant-in-aid Agreement for the Civil Traffic Infraction Hearing Officer Program in Monroe County, Florida This Agreement is made among the Office of the State Courts Administrator (the "OSCA"), the Monroe County Board of County Commissioners (the "Grantee"), and the Sixteenth Circuit (the "Grant Manager"). The parties agree that: A. The OSCA will pay the Grantee $13,661 as a 50/50 matching grant-in-aid pursuant to Specific Appropriation 3013 of the 2001-02 General Appropriations Act for establishment or continuation of a civil traffic infraction hearing officer program in Monroe County. Upon receipt of a written request for release of funds, the OSCA will make a lump sum payment to the Grantee. B. The Grant Manager will oversee the establishment, administration and operation ofthe civil traffic infraction hearing officer program. C. The Grantee will use grant monies provided under this Agreement in accordance with the requirements of 99318.30-318.38, Florida Statutes, and rule 6.630, Florida Rules of Traffic Court. 1. The Grantee will use grant funds to pay up to $50 per hour for services of a fUll- or part-time hearing officer appointed by the chief judge, and for other expenses necessary to operate the program, including hearing officer training, office rental, furniture, and administrative staff salaries. 2. The Grantee will submit a written requisition to the OSCA for release of grant funds no later than September 15, 2001. 3. The Grantee, in consultation with the Chief Judge of the Sixteenth Circuit, will submit a detailed, written plan for use of grant funds and operation of the hearing officer program to the OSCA no later than September 15, 2001. 4. The Grantee will invest grant funds that are surplus to current needs or pending distribution in accordance with the requirements of 9219.075, Florida Statutes. 5. The Grantee will release grant funds in accordance with Monroe County purchasing policies and rules. 6. The Grantee will not use grant funds for lobbying the Florida Legislature, the judicial branch, or a state agency. D. The Grantee, as a "Recipient" of state funds, will comply with the Florida Single Audit Act, section 215.97, Florida Statutes, as follows: 1. In the event that the Recipient expends a total amount of State awards equal to or in excess of $300,000 in the Recipient's fiscal year, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with section 215.97, Florida Statutes, and applicable rules of the Executive Office of the Governor, the Comptroller and the Auditor General. Applicable rules of the Executive Office of the Governor, the Auditor General, and Comptroller, and other information pertaining to the Florida Single Audit Act can be found at: http://www.mvf1orida.com/mvf1orida/ governn1cnt/learnlfsaa/index.html. 10f3 RECEI VED .AUG 3 1 19m 2. The Catalog of State Projects establishes that state funds were awarded to the Recipient through the State Courts System, Office ofthe State Courts Administrator. The Catalog of State Projects number for this grant is 22.001. Information from the Catalog can be found at: http://www.myflorida.com/myfloridaJgovernment/learn/fsaaJindex.htm1. 3. In determining the State awards expended in its fiscal year, the Recipient shall consider all sources of State awards, including State funds received from the State Courts System, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. 4. The Recipient shall ensure that the audit complies with the requirements of section 215.97(7), Florida Statutes, and the State Projects Compliance Supplement. The State Projects Compliance Supplement can be found at: http://Vvww.myflorida.com/myfloridaJgovernment/learn/fsaaJindex.htm 1. Compliance includes submission of a reporting package as defined by section 215.97(2)( d), Florida Statutes. 5. If the Recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of section 215.97 is not required. Audit costs may not be charged to state projects when the Recipient expends less than $300,000 in State awards. 6. Unless prohibited by law, the cost of an audit required by section 215.97 is an allowable charge to a state project. However, charges to state projects should be limited to those incremental costs incurred by the Recipient as a result of the audit requirements of section 215.97 in relation to other audIt requirements. The Recipient should allocate the incremental costs to all state projects for which it expended state financial assistance. 7. The Recipient shall submit copies of reporting packages required by section 215.97 to each of the following: a. The Office of the State Courts Administrator at the following address: Donna Brewer Grants Administrator Office of the State Courts Administrator 500 South Duval Street Tallahassee, FL 32399-1900 b. The Auditor General at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302-1450 8. The Recipient shall retain sufficient records demonstrating compliance with the terms of this Agreement for a period of 4 years from the date the audit report is issued, and shall allow the OSCA access to such records up-on request. The Recipient shall ensure that audit working papers are made aVaIlable to the OSCA upon request for a period of 4 years from the date the audit report is issued, unless extended in writing by the OSCA. 20f3 RECE I V ED AUG 3 1 1001 9. Pursuant to section 215.97, the OSCA, the Florida Supreme Court Inspector General, the Auditor General and other state officials may conduct additional audits or evaluations of state financial assistance provided to the Recipient under this Agreement. E. This Agreement is subject to the following terms and conditions: 1. The OSCA's obligation to pay the Grantee is contingent upon the availability of state funds lawfully appropriated for the purposes stated in Paragraphs A and B. The Grantee will maintain all records made or received in conjunction with this Agreement in accordance with Rule 2.051, Florida Rules of Judicial Administration. The Grantee will hold title to any equipment purchased with grant funds, unless general law provides otherwise. In providing, or contracting to provide, services, programs or activities, maintaining facilities, and otherwise performing obligations under this Agreement, the Grantee and Grant Manager will comply with the Americans with Disabilities Act, the Civil Rights Act of 1964, as amended, the Florida Civil Rights Act of 1992 and any other federal or state law that prohibits discrimination on the basis of race, color, national origin, religion, sex, age, marital status, or handicap. 2. 3. 4. 5. If, in the judgment of the OSCA, the Grantee for any reason fails to comply with the terms of this Agreement, the OSCA will have the right to terminate the Agreement on 30 days written notice by certified mail. In the event or termination, the Grantee will return to the OSCA all grant funds, except those expended in compliance with this Agreement, for reversion to the General Revenue Fund or the County Article V Trust Fund unallocated. This Agreement constitutes the entire understanding of the parties. All modifications to the Agreement must be in writing. This Agreement is effective on the date of execution and will terminate on June 30, 2002. FLORIDA SUPREME COURT, OFFICE OF~ TEE THESTATECOURTSADM~STRATOR ~~r7~ 1/6;01 Elisabeth H. oodner . Date The Hon Deputy State Courts Administrator Monro ~ ~ ~ 1//15/0 I Date GRANT MANAGER ~ ~ ' ' ~ - ~ ~ t. .. .1"~;l~.~OO ~'...., c,. - be Honorable Richard p~fJudge Date Sixteenth Judicial Circuit .'11.:1 'A1Nfl03 30HNOW 13 'H13 '}f13 39\fHl0)4 '1 ,t, NN'tO A.PfIIOVED AS .r ~GAT~ 0/-1 'W~ DATI::~. 90 :~ Wd 21 d3S IDOl 30f3 OHOJ3H HO.:l 0311.:1 R leE I " ED AUG J 1 ZOD? Civil Traffic Infraction Hearing Officer Grant-in-Aid County/Circuit: Monroe /16th Amount of Award: $13 ,661 Grant, FY 2001-02 Total Budget: $ 27,322 (Grant plus Match) Cat 0 PERSONNEL FULL TIME E UIV ALENT TE Grant-In-aid Spending Plan County Cash County In-Kind Match Match Sub-Totals ,-- 7i or: ,~~,.~~i;~~f : ~~~R...(jl~NfY' OTHER PERSONNEL SERVICES CONTRACTUAL AGREEMENTS Hearin Officer @$50/hr. Clerical Assistant @ $14/hr. 7,650 3,976 7,650 3,976 2,035 2,035 r-{"-':'"""""~~~'""''''-~ ....,,-1';:~ Li~~~i~~~ nb~,',""". -,~L",~n FIXED CAPITAL OUTLAY , ro~~~M~'.+j7ii"":"lf~:~I"~-~~ n....,p; ,~~ ,.-- ,." ~~'~'-."~~7"" c~. ~~~~~~JtLk~&'_-~~'~~.l~-:ZL~_':"----= Please sign below: - c c C' CHAIR, BO COMMISSIONERS 9v~ ~~ - DATE ~ -"..r:~~ rSr DA~~:;~:' Ql:~ D!rrf(~ ~~~I( .. $]./ S-.6, AN L ~ . v,.. , ~ c:-') ~ ~ t: '* ~ - L.L ~ '"' , OK'!~rY ~o~~~E (305) 294-4641 (~~.....- BOARDOFaunv~ONERS MAYOR George R. Neugent, District 2 Mayor Pro Tem Nora Williams, District 4 Charles "Sonny" McCoy, District 3 Murray Nelson, District 5 Dixie Spehar, District 1 The Honorable George R. Neugent 25 Ships Way Big Pine Key, Florida 33043 . email: gneugent@mail.state.f1.us 305-872-1678 305-872-9195 (FAX) August 23, 2001 A1TN: Donna Brewer Grants Administrator Office of the State Courts Administrator Florida Supreme Court Building 500 South Duval Street Tallahassee, FL 32399-1900 Dear Donna: In accordance with the Grant-in-Aid Agreement executed with Monroe County, the 16th Judicial Circuit, and the Office of the State Courts Administrator, I hereby request the release of $13,661 as specified in the Agreement for fiscal year 2001-02. The amount is equal to the total grant-in-aid to the county. Please make check payable to Monroe County Board of County Commissioners at the address of Monroe County Finance Department, 500 Whitehead Street, Key West, FL 33040. Sincerely, ~~~~.,~. George R. Neugent 0 Chair, Board of County Commissioners