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1998-99 Appropriations 02/10/1999 ~ann!, I. Itolbage BRANCH OFFICE 3111 OVERSEAS HIGHWAY MARATIiON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1145 CLERK OF lHE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 K . K 0 R A . D U K To: Theresa Westerfield, Court Administrator Isabel C. DeSantis, Deputy Clerk ~.c..tr: February 18, 1999 proa: Date: ================================================================= As you know, at the Board meeting of February 10, 1999 the Board granted approval and authorized execution of Article V Fund Grant-in-Aid Agreement with the Office of State Courts Administrator for costs incurred under Article V of the Florida Constitution. Attached hereto are three (3) duplicate originals of the document for your handling. Please be sure that one copy is returned to this office as quickly as possible. Should you have any questions concerning the above, please do not hesitate to call. cc: County Attorney Finance ./File ~';':~"'-v Article V Trust Fund Grant-in-Aid Agreement for Monroe County, Florida Ill'c(' Jill'/) FrO 1 !) 1899 This Agreement is made between the Office of the State Courts Administrator (the "OSCA") and the Monroe County Board of County Commissioners (the "Grantee"). The parties agree that: A. The OSCA will pay the Grantee up to $17.845 as a grant-in-aid pursuant to Specific Appropriation 2219 of the 1998-99 General Appropriations Act and 925.402, Fla. Stat. (1997), for costs incurred under Article V of the Florida Constitution in operating the state courts system, contingent upon sufficient County Article V Trust Fund collections. Upon written request for the release of the funds, the OSCA will payout three disbursements prior to July 31, 1999 to the Grantee. B. The Grantee has a population of greater than 74,999 and will use grant monies provided under this Agreement in accordance with g25.402(1)(d)(2), Fla. Stat. (1997) for expert witness fees in criminal cases, court reporting and transcribing costs in criminal cases, and costs associated with the appointment of special public defenders. 1. The Grantee will submit a written requisition to the OSCA for release of grant funds no later than February 19, 1999. 2. The Grantee, in consultation with the chief judge of the Sixteenth Judicial Circuit, will submit a detailed, written plan for use of grant funds to OSCA no later than February 19, 1999, for OSCA' s use in reporting to the Florida Legislature. 3. The Grantee will not use grant funds for lobbying the Florida Legislature, the judicial branch, or a state agency. 4. The Grantee will retain grant funds not encumbered by June 30, 1999 for subsequent use in accordance with Provision B. The Grantee will return grant funds not encumbered by June 30, 2001, along with interest accrued, to the trust fund for distribution to all counties in the fund's fourth year. C. This Agreement is subject to the following terms and conditions: 1. The Grantee will maintain proper documentation of all monies spent ina m~ne~ ~ sufficient for proper pre- and post-audit. The Grantee will maintain all~~di_ ~ records for a period of 4 years following the conclusion of this Agree~-< ~ .." ("'). r- 0("')' \D 0 The Grantee will maintain all records made or received in conjunction ~ffiai1is;tllo ;0 Agreement in accordance with the requirements of rule 2.051, Florida ~fmf ~ ~ Judicial Administration. ~. ~ ;;, 0 ?>rr1N~ 2. 10f2 3. The Grantee will release grant funds in accordance with the requirements of 9215.422, Fla. Stat. (1997), incorporated as Attachment A. 4. (For less than $25,000) Within 30 days after the termination date of this Agreement, the Grantee will provide a sworn statement to the OSCA and the Auditor General attesting to the Grantee's compliance with the requirements of this Agreement. (For $25,000 to $100,000) Within 30 days after the termination date of this Agreement, the Grantee will provide to the OSCA and the Auditor General an audit performed in accordance with the Auditor General rules promulgated pursuant to 911.45, Fla. Stat. (1997), or a statement prepared by an independent certified public accountant that attests to Grantee's compliance with the requirements of this Agreement. (For more than $100,000) Within 30 days after the termination date of this Agreement, the Grantee will provide to the OSCA and the Auditor General an audit performed in accordance with the Auditor General rules promulgated pursuant to 911.45, Fla. Stat. (1997). 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 5 days written notice by certified mail. In the event of termination, the Grantee will return all grant funds to the OSCA for reversion to the Article V Trust Fund. 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, 1999. FLORIDA SUPREME COURT, OFFICE OF THE STA E COURTS ADMINISTRATOR GRANTEE j;I!- ~~ ~f ~/ ?1 Daie . The Honorable Wilhelmina Harvey, Mayor Board of County Commissioners Monroe County r- .~:';,>jc f\ . . ~'. , Datp '~'DANNT Kouwaet~ . ~~c.. EN,))faN ...... a.p IN' y C \ e.. (" \<- i C:'J>octllllcnt\J\lodcl.hig.\\pd ) .._.--"","""",,'''_'' " :'J, Attachment A ATTENTION VENDOR Pursuant to Section 21.5A22(.5). Florida Statutes (1997). you are achised of your rights and the state's obligations regarding payment of invoices. 215.422. \\'arrants, vouchers, and invoices; processing time limits; dispute resolution; agency or judicial bnlllch compliance ( 1) The \'oucher authorizing payment of an invoice submilledto an agency of the state or the judicial branch. required by 1a\\ to be filed \\ith the Comptroller. shall be filed with the Comptroller not later than 20 days after receipt of the invoice and receipt. inspection. and approval of the goods or services. e:\ceptthat in the case of a bona fide dispute the voucher shall contain a statement of the dispute and authorize payment only in the amount not disputed. The Comptroller may e~tablish dollar thresholds and other criteria for all in\'oices and may delegate to a state agency or the judicial branch responsibility 1'01' maintaining the oflicial \'ouchers and documents 1'01' in\'oices \\'hich do not e:\ceed the thresholds or \\'hich meet the establ ished cri teria. Such records sha II be maintained in accordance with the requirements establishcd by the Secretary of Stale. The electronic payment request transmission to the Complroller shall constitute filing ofa \'oucher 1'(11' payment of invoices for which the Comptroller has delegated to an agency custody of onicial records. Approval and inspection of goods or se!'\'ices shall take no longer than 5 \\'ork ing days un less the bid spec i lical ions. purchase order. or contract specilies otherwise. If a voucher filed \\'ithinthe 20-day period is returned by the Department of [3anking and Fillan~e because of an error. it shall nevertheless be deemed timely filed. The 20-day tiling r~quiremenlmay be \\'aived in \\'hole or in part by the Department of [3anking and Finance on a shO\\ing of e:\ceptional circumstances in accordance \\ith rules and regulations of the tkpartmenl. For the purposes of determining the receipt of in\'oice date. thl' agl'ncy or the judicial branch is deemed 10 recei\'C an invoice on the date on \\'hich a proper in\'oice is first recei\'ed at the place designated by the agency or thc judicial branch. The agency or the judicial branch is deemed to receive an invoice on the datc of the invoice i I' the agency or the judicial branch has failed to annotate the il1\'oice with the date of receipt at the time the agency or the judicial branch actually recei\'ed the il1\'oice or failed at the time the order is placed or contract made to designate a specific location to \\'hich the invoice must be deli\'ered. (2) The warrant in payment of an invoice submitted to an agency of the state or thc judicial branch shall be issued not later than 10 days after liling of the voucher authorizing payment. Howe\'er, this requirement may be wai\'ed in \\'hole or in part by the Department of Banking and Finance 011 a sho\\'ing of e:\ceptional c i rc umstances in accordance with rules and regulations of the department. I I' the 10-day period contains fe\\'er than 6 \\'orking days. the Department of Banking and Finance shall be deemed in compliance with this subsection if the \\'arrant is issued \\'ithin 6 \\'orking days \\'ithout regard to the actual number of calendar days. For purposes of this section, a payment is deemed to be issued on the first \\'orking day that payment is a\'ailable for ckli\'Cry or mailing to the\'endor. (3 )(a) Each agency of the state or the judicial branch which is required by lC1\v to Ii Ie vouchers with the Comptroller shall keep a record of the date of receipt of the in\'oice; dates of receipt, inspection. and approval of the goods or services; date of Ii ling of the \'oucher; and datc of issuance of the \\'arrant in payment thereof. I I' the \'oucher is 110t fi led or the \\'arrant is not issued within the time required. an ex.planation in \\'riting by the agency head or the Chicf Justice shall be submitted to the Department of Banking and Finance in a manner prescribed by it. Agencies and the judicial branch shall continue to deli\er or mail state payments promptly. (b) If a \\arrant in payment of an il1\'oice is not issued \\ithin 40 days after rcceipt of the invoice and receipt. inspection. and appro\'al of the goods and scnices. lhe agcncy or judicial branch shall pay to the \'endor. in addition to the amount of the il1\'oice. interest at a rate as established pursuant to s. 55.03( I) on the unpaid balancc from the c:\piration of such 40-day pcriod until such time as the warrant is issued to the \'endor. Such interest shall bc added to the in\'oice at the timc of submission to the Complrol ieI' for payment whene\'er possible. I I' addition of the interest penalty is not possible, the agency or judicial branch shall pay the interest penalty payment within 15 days after issuing the \\arran!. The provisions of this paragraph apply only to undisputed amounts for \\'hich payment has bcen authorized. Disputes sh;lll be resoh'ed in accordance with rules de\'clopl'd and adopte..d by the Chief .Justice for the judicial branch, and rules adopted by the Department of Banking and Finance or in a formal administrative proceeding before an administrative I a\\' judge of the Division of Administrati\'e Hearings for state agencies, provided that. tar the purposes of ss. 120.569 and 120.57( I), no party to a disputc involving less than $1.000 in intcrest penalties shall be deemed to be substantially affectcd by the dispute or to ha\e a substantial interest in the decision resoh'ing the dispute. In the case of an error on the part of the \'endor, the 40-day pl'riod shall begin to run upon receipt by the agcncy or thc judicial branch of a corrected il1\'oice or other remedy of thc crror. The pnnisions of this paragraph do not apply when thc liling rcquirement under subscction (I) or subsection (2) has been waived in \\'hole by the Depar.!ment of Banking and Finance. The various state agencies and the judicial branch shall hI.' responsible far initiating the penalty payments required by this subsection and shall use this subsection as authority to make such payments. The budget request submitted to the Legislature shall specifically disclose the amount of any interest paid by any agency or the judicial branch pursuant to this subsection. The temporary 1II1a\'ailability of funds to make a timely payment due for sen'ices docs not relieve an agency or the judicial branch from the obligation to pay interest penaltics under this scction. (c) An agency or the judicial branch may make partial payments to a contractor upon partial delivery of goods or sen'ices or upon partial completion of construction \\'hen a request for such partial payment is made by the contractor and apprO\'ed by the agency. Pro\'isions of this section and rules of the Department of Banking and Finance shall apply to partial payments in the same manner as they apply to full payments. A nndor ombudsman within the Department of Banking and Finance is an advocate for nndors who expel"ience problems in obtaining timely paymcnts f,"om a state agency or the judicial branch. The nndor ombudsman may be con tacted at (850) 4 I 0-9724 or by calling the Statc Comptl"OlIcr's Hotlinc at 1-800-848- 3792.