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09/16/2009 Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: September 22, 2009 TO: Community Services A TTN: Kim Wilkes, Sr. Grants Coordinator Social Services FROM: Isabel C. DeSantis, D.C. ; (f.v-XVrL~ At t]le August 19, 2009, Board of County Commissioners' meeting the Board granted approval an(} authorized execution of the following: Hom.eless Prevention and Rapid Re-Housing Grant Agreement (HPRPP between Monroe County Board of County Commissioners (Community Services/Social Services) and the State of Florida, DeI)artment of Children and Families for the provision of funds to provide homeless prevention assistance to households who would otherwise become homeless, and to provide assistance to rapidly re-house persons who are homeless. Enclosed is an original and five duplicate copies of the above-mentioned executed by Monroe Coulnty for your handling. After execution by DCF please be sure that the sets marked "Monroe County Clerk's Office Original" and "Monroe County Finance Department's Original" are returned to this office as soon as possible. Should you have any questions, please do not hesitate to contact our office. cc: County Attorney, memo only Finanlce F i 1 e ,.______ 06/05/2009 _ ~i*!dro~ CQmltJ' crr~:rr'~~~[J C:1:?:,;,~ Od~b~!!ll THE STATE OFFICE ON HOMELESSNESS HOMELESS PREVENTION and RAPID RE-HOUSING GRANT AGREEMENT Monroe County B.O.C.C. and State of Florida Department of Children and Families WHEREAS, the American Recovery and Reinvestment Act of 2009 created the Homeless Prevention and Rapid Re-Housing Program [CFDA 14.257], and WHEREAS, the U.S. Department of Housing and Urban Development has awarded the State of Florida a grant in the amount of$21,507,109, and WHEREAS, the U.S. Department of Housing and Urban Development has issued the Notice of the regulations governing the Homeless Prevention and Rapid Re-Housing P~ogram on March 19,2009, and .. WHEREAS, the Department of Children and Families, through the Office on Homelessness, has been designated to administer this federal grant for the State of Florida, and WHEREAS, the Department has filed with the U.S. Department of Housing and Urban Development the appropriate grant application documents in the form of a Substantial Amendment to the State's 2008 Annual Action Plan, and WHEREAS, the Department has received and executed the Homeless Prevention and Rapid Re- Housing Program grant agreement dated July 15, 2009, and WHEREAS, the Florida Legislature has authorized the Department to accept this grant, and administer these federal funds as a grant in aid program in conformance with all federal regulations, and WHEREAS, the Department finds that there is a need to provide the services described in the grantee's program plan for the Homeless Prevention and Rapid Re-Housing (HPRP) grant, NOW, THEREFORE, The Department hereby awards the sum of $25719007.00 Dollars to Grantee under the following terms and conditions: 1. The purpose of the Homeless Prevention and Rapid Re-Housing Program is to provide homeless prevention assistance to households who would otherwise become homeless, and to provide assistance to rapidly re-house persons who are homeless. These grant resources are intended to be targeted and prioritized to serve households that are most in need of the allowable temporary housing assistance, and who are most likely to achieve housing stability following the conclusion of the HPRP assistance. GRANT # KFZ28 06/05/2009 THE STATE OFFICE ON HOMELESSNESS 2. The HPRP program plan filed with the Department by the Grantee is incorporated as Attachment A and on file in the grant file of record. The Department's Substantial Amendment document, upon which that program plan is based, is also incorporated herein by reference as if fully set out here and is on file in the grant file of record. The Grantee hereby agrees to perform the tasks and to provide the services described in the program plan contained in Attachment A. 3. In addition to the grant amount reflected on page 1 of this Grant Agreement, the Department makes a conditional allocation of HPRP funds to the Grantee in the sum of $ 171,388.00. The Grantee shall not have the authority to obligate or expend these additional grant funds until the following conditions are met. (a) The Department receives budget authority to expend these additional grant funds from the Florida Legislature. (b) The Grantee demonstrates to the satisfaction of the Department that the Grantee has successfully performed under this Grant Agreement. This shall include but not be limited to attaining the spending goals set forth in paragraph 13, and then submitting the required reports in a complete and timely manner. (c) The Grantee submits written evidence of the need in the area served by the Grantee which cannot be met with the funding provided to the Grantee, as reflected on page 1 of the Grant Agreement. Such evidence shall be based on actual participant eligibility determined by the Grantee in accordance with the program regulations issued on March 19,2009. (d) The Grantee submits a revised program budget to properly reflect the proposed spending by eligible grant activities for the sum of the additional grant allocation. (e) The Grantee receives written authorization from the Department to expend the additional grant allocation, or specified sum thereof, effective on a date specified in the written authorization. The Department reserves the right to reallocate the additional HPRP grant funding specified in this article to other communities based on the Department's assessment of the needs documented statewide, and determination of the areas of greatest need for the HPRP funding. 4. The Grantee shall be required to collect and enter data on all HPRP participants assisted by the HPRP grant in the local homeless management information system for the continuum of care. Grantee further agrees that it will use due diligence to assure that funds are expended for the purposes intended and that a full accounting for these grant funds is made. 5. Where there is a conflict between the HPRP program plan incorporated herein and this Homeless Prevention and Rapid Re-Housing Grant Agreement, this Homeless Prevention and Rapid Re-Housing Grant Agreement shall prevail. 2 GRANT # KFZ28 06/05/2009 THE STATE OFFICE ON HOMELESSNESS 6. In accordance with sections 11.062 and 216.347, Florida Statutes, no funds provided by this grant may be expended for the purpose of lobbying the Legislature, the judicial branch, or a state agency. 7. This Homeless Prevention and Rapid Re- Housing Grant Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the applicable State of Florida and Federal laws. Each party shall perform its obligations herein in accordance with the terms and conditions of this grant agreement. It is hereby agreed by the parties that in the event that litigation by either party to this grant agreement becomes necessary that venue shall be proper in Leon County, Florida. 8. Grantee agrees to maintain complete, accurate and adequate records, including financial records, relating to funds received pursuant to this Homeless Prevention and Rapid Re-Housing Grant Agreement and of all expenditures made by Grantee with grant funds. The Grantee will comply with all audit and record keeping requirements specified by the Department and the U.S. Department of Housing and Urban Development. All records shall be in sufficient detail to permit a proper pre audit and a post audit of all expenditures. 9. Grantee agrees to provide a financial and compliance audit to the Department as specified in this Homeless Prevention and Rapid Re-Housing Grant Agreement and in Attachment B and to ensure that all related party transactions are disclosed to the auditor. This grant is subject to the Florida and the Federal Single Audit Act requirements beginning in the year ending June 30, 2009 and thereafter. 10. Grantee agrees to retain all financial records, supporting documents, statistical records and any other documents, whether kept by electronic storage media or otherwise, pertinent to this Homeless Prevention and Rapid Re-Housing Grant Agreement for a period of not less than six (6) years after the starting date of this Homeless Prevention and Rapid Re- Housing Grant Agreement, or if audit findings have not been resolved at the end of the six (6) year period, the records shall be retained until resolution of the audit findings. State auditors and any persons duly authorized by the Department shall have full access to, and shall have the right to examine any of the said materials at any time during regular business hours. 11. Local government Grantees agree to comply with 24 CFR 85.36(b)(3), and non-profit Grantees agree to comply with 24 CFR 84.42 with respect to the procurement of services, equipment, supplies or other property. With respect to all other decisions involving the use of the HPRP funds, the following restriction shall apply: No person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have any interest in any contract, subcontract, or agreement with respect thereto, or the proceeds there under, either for himself or herself or those with whom he or she has family or business ties, during his or her tenure or for one year thereafter. 3 GRANT # KFZ28 06/05/2009 THE STATE OFFICE ON HOMELESSNESS 12. Grantee agrees to be liable for all claims, suits, judgments, or damages, including court costs and attorney's fees, arising out of the negligent or intentional acts or omissions of the Grantee, and its agents, sub-grantees and employees, during performance pursuant to this Homeless Prevention and Rapid Re-Housing Grant Agreement. Further, the Grantee agrees to indemnify the Department against all claims, suits, judgments, or damages, including court costs and attorney's fees, arising out of the negligent or intentional acts or omissions of the Grantee, and its agents, sub-grantees, and employees, during performance pursuant to this Homeless Prevention and Rapid Re-Housing Grant Agreement. (NOTE: This paragraph is not applicable between state agencies or subdivisions, as defined in subsection 768.28(2), Florida Statutes) 13. Grantees receiving awards from the Department in 2009 shall expend fifty percent (50%) of the grant funds awarded by June 30, 2010 on eligible program costs. The Department reserves the right to amend the grant agreement to recapture grant funds in the event that the Grantee fails to achieve the spending target, and fails to provide sufficient explanations and correction action plans to the Department. Should the Department exercise its option to recapture grant funds, any eligible expense obligated shall be retained by the Grantee for expenditure. Further, the Department requires the Grantee to achieve an expenditure goal of completely expending the grant on eligible costs by June 30, 2011. The Department may extend this spending deadline upon receipt of a written request from the Grantee, explaining the need for additional time, and a detailed plan to complete the expenditure of the grant. 14. As required by section 286.25, Florida Statutes, if the Grantee is a non-governmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this Grant Agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (insert Grantee's name) and the State of Florida, Department of Children and Families." If the sponsorship reference is in written material, the words "State of Florida, Department of Children and Families" shall appear in the same size letters or type as the name of the organization. 15. Grantee shall not use or disclose any information concerning a recipient of services under this Homeless Prevention and Rapid Re-Housing Grant Agreement for any purpose prohibited by state or federal law or regulations issued by the U.S, Department of Housing and Urban Development on March 19, 2009, and as may be subsequently amended (except with the written consent of a person legally authorized to give that consent or when authorized by law). 16. The Grantee shall permit Department personnel or representatives to monitor the services which are the subject of this Homeless Prevention and Rapid Re-Housing Grant Agreement. In addition, the Grantee shall permit access to all duly authorized representatives of the U.S. Department and Housing Urban Development, the Government Accounting Office, the Florida Auditor General and other agencies charged to ensure full accounting of the grant funds to all records and files related to the HPRP grant program. 17. Grantee agrees to allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in conjunction with this Homeless Prevention and Rapid Re-Housing Grant Agreement. 4 GRANT # KFZ28 06/05/2009 THE STATE OFFICE ON HOMELESSNESS 18. The release of funds shall be in accordance with availability and release of funds by the Department and shall be in conformance with the drawdown schedule submitted by the Grantee in their HPRP program plan and as outlined in Attachment C. The Grantee shall prepare and submit a request for the drawdown of funds on the Grantee's stationary, in a format that is acceptable to the Department. The Department will provide the funds within forty (40) days of the receipt of the request for release of funds. The State of Florida's performance and obligation to pay under this Homeless Prevention and Rapid Re- Housing Grant Agreement is contingent upon an annual appropriation by the Legislature and the receipt of the grant funds from the federal government. 19. Any notice, that is required under this Homeless Prevention and Rapid Re-Housing Grant Agreement shall be in writing, and sent by hand delivery, U.S. Postal Service Certified mail, return receipt requested, or any expedited delivery service that provides verification of delivery. Said notice shall be sent to the representative of the Grantee responsible for administration at the designated address contained in this Homeless Prevention and Rapid Re-Housing Grant Agreement. 20. This Homeless Prevention and Rapid Re-Housing Grant Agreement shall be effective on September 30, 2009, or on the date on which the Homeless Prevention Rapid Re-Housing Grant Agreement has been signed by both parties, whichever is later. It shall end at midnight, local time in Tallahassee, Florida, on June 30, 2011, or upon completion of the project, whichever occurs first. The expiration date may only be changed by written ame~dment to this Grant Agreement. The Grant Agreement may be terminated prior to the expiration date only upon written agreement of the parties. 21. In the event funds for paymen~ pursuant to this Homeless Prevention and Rapid Re- Housing Grant Agreement become unavailable, the Department may terminate this Homeless Prevention and Rapid Re-Housing Grant Agreement upon no less than twenty-four (24) hours notice in writing to the Grantee. Said notice shall be delivered by hand delivery, U.S. Postal Service, or any expedited delivery service that provides verification of delivery. The Department shall be the final authority as to the availability and adequacy of state funds. In the event of termination of this Homeless Prevention and Rapid Re- Housing Grant Agreement, the Grantee will be compensated for any work satisfactorily completed. 22. Grantee agrees to return to the Department any overpayments or funds disallowed pursuant to the terms and conditions of this Homeless Prevention and Rapid Re- Housing Grant Agreement that were disbursed to the Grantee by the Department. In the event that the Grantee or its independent auditor discovers that an overpayment has been made, the Grantee shall repay said overpayment immediately without prior notification from the Department. In the event that the Department first discovers an overpayment has been made, the grant manager, on behalf of the Department, will notify the Grantee by letter of such findings. Should repayment not be made immediately, the Grantee will be charged at the lawful rate of interest on the outstanding balance after Department notification or Grantee discovery. 5 GRANT # KFZ28 06/05/2009 THE STATE OFFICE ON HOMELESSNESS 23. The Grantee shall report client-level data, such as the number of persons served and their demographic characteristics, in the homeless management information system within their respective continuum of care planning area, as required by the Department of Housing and Urban Development. Further, the Grantee shall submit quarterly reports to the Department, using the form provided by the Department Grant Manager. The quarterly report shall be received by the Department within five calendar days following the end of the grant quarter (March 30, June 30, September 30, and December 31). At a minimum, the Grantee shall report the following: the total amount of HPRP funds received from the Department; the amounts of HPRP funds allocated for the four eligible HPRP activity categories (financial assistance, services, data collection and administration); the amount expended for each of the above categories; the estimated number of unduplicated individuals and families served; and the numbers of new jobs created and jobs retained. Finally, an annual performance report, using the form provided by the Department Grant Manager, is due to the Department by November 1 of each year. This report shall at a minimum contain the following: the number of persons served and the demographic characteristics of the persons served; the total HPRP funds expended by activity type; the numbers of jobs created and jobs retained; and the outcomes achieved related to housing stability, as defined by the u.S. Department of Housing and Urban Development. Failure to file the required reports in a timely fashion shall be cause for the Department to suspend funding to the Grantee, until corrective actions have been taken. 24. Any modification of provisions of this Homeless Prevention and Rapid Re-Housing Grant Agreement shall be approved by the Department. Approval of any modification of provisions of this grant shall occur only after receipt by the Department of a revised HPRP program plan. Written approval of any such modifications shall be attached to the original of this Homeless Prevention and Rapid Re- Housing Grant Agreement and a copy shall be sent to the Office on Homelessness. 25. Official Name of Payee and Representatives: A. The official Grantee name, as shown on page one (1) of this Homeless Prevention and Rapid Re-Housing Grant Agreement and as listed in MyFlorida Market Place, and mailing address as listed in MyFlorida Market Place, to whom the Department shall issue payment is: Monroe County B.O.C.C. PO Box 1980 Key West, FL 33041 B. The name, address, telephone number, and email address of the grant manager for the Grantee under this Homeless Prevention and Rapid Re-Housing Grant Agreement is: Sheryl Graham Monroe County Community Services 1100 Simonton Street. Suite 2-257 Key West, FL 33040 305-292-4510 Graham-sheryl@monroecounty-fl.gov 6 GRANT # KFZ28 06/05/2009 THE STATE OFFICE ON HOMELESSNESS c. The name, address, telephone number, and email address of the grant manager for the Department under this Homeless Prevention and Rapid Re-Housing Grant Agreement is: Theresa Phelan Department of Children and Families 1111 12th Street, #304 Key West, FL 33040 305-292-6810 Trixie -phelan@dcf.state.fl.us 26. This Homeless Prevention and Rapid Re-Housing Grant Agreement and its attachments and any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this Homeless Prevention and Rapid Re-Housing Grant Agreement shall supersede all previous communications, representations, or agreements, either verbal or written between the parties. If any term or provision of this Homeless Prevention and Rapid Re-Housing Grant Agreement is legally determined unlawful or unenforceable, the remainder of the Homeless Prevention and Rapid Re-Housing Grant Agreement shall remain in full force and effect and such term or provision shall be stricken. 27. The Grantee shall administer this federal grant in compliance with all applicable federal laws and regulations. This certification includes fair housing in accordance with Section 808(e)(5) of the Fair Housing Act; equal opportunity requirements in 24 CFR 5.105(a); lead based paint requirements in the Lead Based Paint Poisoning Prevention Act; uniform federal administrative requirements in 24 CFR Part 85 or Part 84; lobbying and disclosure requirements in 24 CFR Part 87; drug-free workplace requirements in 24 CFR Part 21; and procurement of recovered materials in accordance with Section 6002 of the Solid Waste Disposal Act. The March 19, 2009 Notice issued by the U.S. Department of Housing and Urban Development specifies these requirements. The Grantee shall execute the general grant certifications for the HPRP, as outlined in Attachment D. If this agreement contains $10,000 or more of federal funds, the Grantee shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375, and others, and as implemented by regulations issued by the U.S. Department of Housing and Urban Development. 28. The Grantee shall comply with and incorporate into any subgrant agreement provisions related to Whistleblower protection, as specified in Section 1553 of the American Recovery and Reinvestment Act of 2009. The Grantee shall post notice of employee rights and remedies for whistleblower protections provided under Section 1553 of the Recovery Act. 29. Continuous adequate insurance coverage shall be maintained by the Grantee during the existence of this agreement and any renewal(s) and extension(s) of it. By execution of this Grant Agreement, unless the Grantee is a state agency or subdivision as defined by subsection 768.28(2), F.S., the Grantee accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the Grantee and the participants to be served under this Grant Agreement. The limits of coverage 7 GRANT # KFZ28 06/05/2009 THE STATE OFFICE ON BOMELESSNESS under each policy maintained by the Grantee do not limit the Grantee's liability and obligations under this Grant Agreement. Upon execution of this agreement, the Grantee shall furnish the Department written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the la\\'s of the State of Florida. The Department reserves the right to require additional insurance as specified in the Grant Agreement. 30. The Grantee agrees to be responsible for the proper care and custody of all property purchased with grant funds and agrees not to sell, transfer, encumber, or otherwise dispose of property acquired with grant funds without the written permission of the Department. If the Grantee is no longer a recipient, all property acquired by grant funds shall be returned to the Department immediately upon either termination or completion of the grant. The Grantee further agrees to comply with all provisions of the Department's operating procedures pertaining to the use and purchase of property with grant funds. These operating procedures can be found at the following internet link: http://www.dcf.state.fl.us/publications/policies.shtml 31. The Grantee shall, where applicable, comply with the Health Insurance Portability and Accountability Act (42 V.S.C. 1320d.) as well as all regulations promulgated there under (45 CFR Parts 160, 162 and 164). 32. This Agreement may be terminated by the Department for any reason upon five (5) days written notice via certified mail. In the event this Agreement is terminated, the Grantee shall deliver all supplies, equipment and property purchased with grant funds to the Department, within 30 days after termination. Any finished or unfinished documents, data, correspondence, reports, and other products prepared by or for the Grantee under this Agreement shall be made available to and for the exclusive use of the Department. Notwithstanding the above, the Grantee shall not be relieved of liability to the Department for damages sustained by the Department by virtue of any termination or breach of this Agreement by the Grantee. In the event this Agreement is terminated, the Grantee shall be reimbursed for satisfactorily performed and documented services provided through the effective date of termination. 33. Modifications of any kind, to any provision of this Agreement must be mutually agreed upon by all parties, and requires a written amendment to this Agreement. 34. The Grantee agrees to comply with the mandatory reporting requirements to the Department's Office of Inspector General, as described in the Department's Operating Procedure CFOP 180-4 as contained in Attachment E. 8 GRANT # KFZ28 06/05/2009 THE STATE OFFICE ON HOMELESSNESS m WITNESS THEREOF, the parties hereto have executed this 26 page Homeless Prevention and Rapid Re-Housing Grant Agreement by their undersigned officials as duly authorized. GRANTEE: Monroe County B.O.C.C. Signed B)': Georee R. Neueent Ma,Tor Date: 9 flu /o~ I , Grantee Federal EID #: 59-600749 Grantee DUNS #: 037876757 Grantee Central Contractor Registration (CCR) #: 3CIZ4 Grantee Fiscal Year Ending Date: 09/30 *************************************************** STATE OF FLORIDA DEPARTMENT<?F CHILDREN AND FAMILIES - J~ Signed By: ~~f ~cJ o Ct:: o u W 0::: e::: o Lt- c W ...J u- Name: Gilda P. Ferradaz M N W --1 c:J u_ <{ t-= ~.: :::u~ -..J ,..; ~:t~ ;~ ~. ~~;. --.-) Title: Circuit Administrator .. - 7(2cflof Date: x C)... co N t-- Co-) Q '" ~ C'-I . . "l : ""-.o!~--'"' ..~_ I ---:, c.;, '. 1 , , :>... L .J~"-,, ~~~ d .:~~ <1: a Date Attachments to Grant Agreement A. Grantee's HPRP program plan, as filed with the Departmen B. Financial and compliance audit requirements C. Request for Release of Funds D. Homeless Prevention and Rapid Re-Housing Program grant certifications E. Operating Procedure CFOP 180-4, Mandatory Reporting Requirements to Office of Inspector General. 9 GRANT # KFZ28 - ..- . -..............._..._..,. '0'''',''. SOUTHERNMOST HOMELESS ASSISTANCE LEAGUE RECOMMENDA liON FOR DISTRIBUTION OF HOMELESS PREVENTION FUNDS FOR MONROE COUNTY Attachment A Monroe County Social Services Mailing Address Physical Location where Services Provided Street:1100 Simonton Street. 2-257 1100 Simonton Street. 1at Floor. Key West. FL City: Key West 490 63n1 Street Ocean. Marathon, FL State: Florida. 8B820 Overseas Hwy. MM 88.8, Tavernier, FL Zip Code:33040 .' . Executive Director's Name: Roman Gastesi, County Administrator Phone Number: 305-292-4441 Fax: 305-292-4544 Email: 9astesi-roman@monroecounty-fl.gov Primary Project Contact: Sheryl Graham Phone Number: 305-292-4510 Fax: 305-295-4359 Email: graham-sheryl@monroecounty-fl.gov Agency Websita: www.monroecountv-fl.Qov The RFP was posted in the county newspaper and on the SHAL website. By the final due date, one organization had submitted a proposal The proposal was reviewed by members of the SHAL Review Panel. and members of the SHAL Oversight Committee. The recommendation of Monroe County Social Services as distributor of the homeless prevention funds was approved by the Board of Directors on April.7, 2009. B. EXPERIENCE AND CAPAQTY OF AGENCY TO IMMEOIATEL Y IMPleMENT THE PREVEN.nON FUNDS . Monroe County Social Services (MCSS) is a Department within Monroe County Govemment. MeSS operates under the full faith and cf8dit of the Board of County Commissioners (BOCC), which was established in 1823. Mess programs have been providing case management as well as coordinating and delivering core services for citizens countywide for more than 40 years. MCSS has existing governmentcentelS in the Upper. Middle and Lower Keys. These 3 locations are staffed with experienced, seasoned case managers that are curren1ly providing an array of services to ~ens counl)'wide. MeSS has. for more than 25 years, administered and case managed the Community Care for the Elderly (CCE) program, the Home Care for the Elderty (HCE), the Aged and Disabled Adult (ADA) Medicaid Waiver. alld the Older Americans Act (OM) programs. These programs provide homemaking, personal care, respite, home-de&vered meals and congregate meals for elderly and/or severely disabled individuals. MCSS currently provides all services and administrative support for the low lricome Home Energy Assistance Program (LIHEAP). MesS also provides al e6gibDily detenninatbn services for the EmergenCy Home Energy Assistance for the Sderly Program (EHEAP). Both LfHEAP and EHEAP funds are used to ensure 1hat income eDgible citizens are not negatively impacted by rising energy costs. UHEAP and I;tlEAP funds are used solely to pay for energy bills for low income clients. MCSS also provides transportation services throughout Monroe County via out Monroe County Transit (MCT). This transportation service is available to afJ citizens of Monroe County. regardless of their income or eigibility. In addition to the aforementioned services. other eligibility-based services are routinely .. r, ~. J.~' KFZ28 provided to the community on an ongoing basis such as: purchasing prescription drugs for those who cannot afford to do so; emergency food money in the form of grocery store gift cards~ pauper burials for low-income, homeless, or unclaimed individuals: personal care items; and/or other emergency related supplies. Prior to the budgetary restrictions imposed on County General Fund spending in 2008. MeSS was the primary provider in the County of emergency shelter and emergency utility services. Any person at risk of homelessness due to their rent or utilities not being paid could receive up to 12 months of rental assistance and/or utility payments (electricity, water, or gas). Care was taken to ensure that grant funding (LIHEAP orEHEAP) was used first, jf the client was eligible, and that no services were duplicated. During the time rental assistance was provided, case management staff would closely monitor the client and his or her progress to ensure that they were reaching their goal of self-sufficiency. Since MeSS has extensive e~rience providing and managing a rental assistance program, implementation would be immediate. A partnership and close working relationship with the local Workforce Board (One Stop Career Center) is already in place. c. DETAILED BUDGET - SEE ATTACHED. Award Ar:nount: $257,007.47 D. REQUESTED DRAW DOWN SCHEDULE MeSS requests a draw down of 60% of the funds in the first year and 40% of the funds in the second year. The first year requested draw down schedule would be as follows: $38,551.12 per quarter fora total of $154,204.48 in the first year. The second year draw down schedule would be as follows: $25,700.75 per quarter for a total of $102,802.99 in the second year. E. MAXIMUM ASSISTANCE LEVEL PER HOUSEHOLD Maximum funding assistance I household for homeless prevention:" $2,000 '# of Persons proposed to be served during the project: 125 F. CASE MANAGEMENT PROCESS TO BE USED TO DETERMINE THE AMOUNT OF ASSISTANCE TO BE MADE AVAILABLE TO THE HOUSEHOLD Currenlly, MeSS employs five full time case managers. These case managers would begin to immediately serve clients using these funds. Depending upon the volume of clients, MeSS would likely hire ano1her case manager. G. DOLLARS ALLOCATED Will BE ALLOCATED ONLY IN MONROE COUNTY Monroe County Social Services only serves people who are resident within the County. - 1.1 - .-. --r H. PROCESS TO REPORT ON THE NUMBER OF HOUSEHOLDS ASSISTED WHO WERE PREVENTED FROM BECOMING HOMELESS Case management support is crucial to the success of this program. .Regular and routine follOYJ .uP of clients is required to ensure client success, self-sufficiency and to ensure they are following their case plan in order to not become homeless. Clients will be met with on no less than a monthly schedule. If a client needs to be seen more often than monthly, that schedule will be established and followed. I. CERTIFICATION OF HOW THE AGENCY/CONTINUUM OF CARE WILL ENSURE THAT ALL CUENTS ASSISTED ARE ENTERED INTO THE. EXISTING HMIS SYSTEM Currently MeSS does not use the HMIS but will commence to do so upon receipt 'ofthe homeless prevention funds. As has been the practice with previous prevention funds, case managers review the cases monthly and ensure the database is up to date with the status of all clients. The HMIS database will also be reviewed by the SHAL HMIS Speciafist on a . monthly basis. J. DETAIL THE LOCAL EDUCTION AND OUTREACH EFFORTS TO COMMUNICATE WITH THOSE HOUSEHOLDS AT RISK OF LOSING THEIR HOME OR APARTMENT Information about the funding will be shared at Older Americans Advisory Board (OMB) meetings. at AARP meetings. with the utility companies, and in press releases. Clients can the County frequently asking about the availability of funding for shelterlhousing and utility assistance. MeSS is well-known in the community as a provider of emergency housing funds and 'utility funds and it is anticipated that many refenals will come from the community. K. SET FORTH THE CRITERIA TO BE USED TO DETERMINE WHICH HOUSEHOLDS ARE EUGIBLE FOR AID, AND WHICH. ONES WILL BE SELECTED FOR ASSISTANCE Clients are currently assessed using established eligibility tools. These tools will continue to be used to ensure eligibility and to ensure that no duplication of services occurs. Current poverty level tables are used as part of the eligibirrty determination in all of cases. AI programs require that clients meet 150% of the poverty limit as established by the annual Federal Poverty Guidelines. Clients are familiar With the three locations throughout the Keys and seek services on a daily basis. Clients who are home-bound are seen by case managers during home visits. Case management is provided to al clients, regardless of what services they seek. A working file is opened and maintained for .each client. A central data base (EZ Track tracking system) is used countywide to ensure there is no duplication of services. Referrals to other agencies for other services are made to dients as pari of the routine case management and. are tracked in EZ Track. Needs are assessed on a crient by dient basis. Case management appointments are generally scheduled to last one hour so time and care is taken with each client. . 1 ~- '- . ~ L. DESCRIBE HOW THE AGENCY AND THE CONTINUUM OF CARE WILL ENSURE THAT PROGRAM PARnCIPANTS ARE LINKED WITH EXISTING SERVICES Exceptional case management is the critical element needed to link clients with existing services and altemative services. The case management team is skifled at ensuring that clients get every applicable service they are capable of getting. As an example. clients are assisted with pubJic assistance applications, clients are referred to the One Stop Career Centers for assistance with unemployment compensation applications, and clients are referred to SHINE for assistance with Medicaid or Social Security applications. These are just a few examples of the links with community partners. MeSS will address the issue of homelessness prevention by serving at least 125 households throughout the life of the project. These households Will be selVed with the aforementioned measures (i.e. case management, direct services. etc.). HMIS reporting will allow for follow up data and proof that the program has had a positive, neutral, or negative effect on the lives ~f people who were at risk of homeJessness and were served with these dollars during the grant period. Once a client outcome is achieved, follow up will be conducted for three years to determine the overall impact of the HPF program. ~, 1. ~ Monroe County Social Services Homeless Prevention Proaram Eliaibilitv and Service Reauirements A. 1. 2. 3. 4. 5. . 6. 7. 8. Mandatory Eligibility Requirements: Demonstrate risk of homelessness (Risk Factors for Homelessness) and provide associated documentation Demonstrate Income (FY2009 HUD Income Limits Summary) using "very low" 50% category (Le. proof of income from client; 3rd party verification; self-certification as a last resort) Certify that there are no other housing options, resources or support options (utilize Self-Declaration form and Intake form) Re-evaluate incomelfinancial documentation for clients who receive services beyond 3 months Signed statement of certification of eligibility and appropriateness by staff (Intake form) Name on lease and other documentation must be the same as the person requesting service Rent reasonableness must be established (utilize Rent Reasonableness Checklis~ Habitability Inspection and lead-based paint inspection (required for new leases, change of tenancy, and arrears payments) B. Documentation in client tracking system (EZ Track, HMIS) and physical file 1. Eligibility criteria must support information on Intake form 2. Referrals to all organizations 3. All other sources of assistance 4. Estimated extent of Homeless Prevention assistance (include dollars and length of time in months and/or payments) 5. All services offered to and/or received by client 6. Case plan for assistance payments 7. Case plan for future success and ability to pay after assistance ends B. Exit Form (if exited) c. Assistance Limits 1. Assistance to each household will be based on individual household needs 2. Assistance will be paid to a 3rd party only (Le.landlord, rental company, etc.) 3. Assistance may exceed $2000 per household when justified in writing in the file and approved by Social Services Director (physical and electronic files) 4. Assistance will be provided long enough to resolve the client's crisis and increase possibility of success and housing stability (cannot exceed 18 months) ~ 1. ~ Homeless Prevention Funds Budget Summary Page Agency: Monroe County Board of County Commissioners Total grant allocation =$257,007.00 DIRECT CLIENT ASSISTANCE AND ADMINISTRATIVE EXPENSE DETAIL Year One budget=$154,204.00 (7/1/09-6/30/10) LINE ITEMS TOTAL LIHEAP Monroe County EXPENSE &other grants General Revenue A. Financial Assistance-direct client assistance 2,063,996.11 117,291.55 1,406,704.56 540,000.00 (includes rental assistance and utility payments) B. Case Management& Employment Skills 22,792.97 22,792.97 0 0 Full time-Case Manager(new hire) (salary only) C. Data collection and evaluation (HMIS entry) 10,358.40 .10,358.40 0 0 Case manager Aide=20hrs per week,($16.60 per hr) D. Adminstrative Cost 3,761.08 3761:08 0 0 (includes office supplies, operating supplies,advertising, rental and leases-Xerox copier, postage) TOTALS: 2,100,908.56 . 154,204.00 1,406,704.56 540,000.00 DIRECT CLIENT ASSISTANCE AND ADMINISTRATIVE EXPENSE DETAIL Year Two budget=$102,803.00(7/1/10-6/30/11) LINE ITEMS TOTAL LIHEAP Monroe County EXPENSE &other grants General Revenue A. Financial Assistance-direct client assistance 2,024,899.26 78,194.70 1,406,704.56 540,000.00 (includes rental assistance and utility payments) B. Case Management& Employment Skills 15,195.31 15,195.31 0 0 Full time-Case Manager(new hire) **(salary only) C. Data collection and evaluation (HMIS entry) 6,905.60 6,905.60 0 0 Case manager Aide=20hrs per week($16.60 per hr) D. Adminstrative Cost 2,507.39 2,507.39 0 0 (includes office supplies, operating supplies, advertising, rental and leases-Xerox copier, postage) TOTALS: 2,049,507.56 102,803.00 1,406,704.56 540,000.00 "'salaryry=level 8-case manager Total direct assistance- $195,486.25 = 76% spending breakdown: case management-$37,988.28 = 15% of total grant administration-$6,268.47 = 2% data entry-$17,264.00 = 7% 5/29/20092:14 PM 1C ATTACHMENTB The administration of resources awarded by the Department of Children & Families to the provider may be subject to audits as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised, the department may monitor or conduct oversight reviews to evaluate compliance with contract, management and programmatic requirements. Such monitoring or other oversight procedures may include, but not be limited to, on-site visits by department staff, limited scope audits as defined by OMB Circular A-133, as revised, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures deemed appropriate by the department. In the event the department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the department regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the department's inspector general, the state's Chief Financial Officer or the Auditor ,General. AUDITS PART I: FEDERAL REQUIREMENTS This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-I33, as revised. In the event the recipient expends $500,000 or more in Federal awards during its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions ofOMB Circular A-133, as revised. In determining the Federal awards expended during its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Children & Families. The determination of amounts of Federal awards expended should be in accordance with guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A-133, as revised, will meet the requirements of this part. In connection with the above audit requirements, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-I33, as revised. The schedule of expenditures should disclose the expenditures by contract number for each contract with the department in effect during the audit period. The financial statements should disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due the department shall be fully disclosed in the audit report package with reference to the specific contract number. Single Audit Information for Recipients of Recovery Act Funds (a) To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of2009 (Pub. L. 111-5) (Recovery Act) as required by Congress and in accordance with 2 CFR 215.21"Uniform Administrative Requirements for Grants and Agreements" and OMB Circular A- 102 Common Rules provisions, recipients agree to maintain records that identifY adequately the source and application ofRecovel)' Act funds. OMB Circular A-I02 is available at http://www . whitehouse. gov/omb/circulars/a I 02/al 02.html. (b) For recipients covered by 1he Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations," recipients agree to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal ~, 1.f' KFZ28 Awards (SEFA)) and the Data Collection Form (SF-SAC) required by OJvffi Circular A-I33. O:MB Circular A-I33 is available at http://~T.whitehouse.gov/omb/circulars/aI33/aI33.html.This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEF A, and as separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and inclusion of the prefIX "ARRA-" in identifying the name of the Federal program on the SEFA and as the fIrst characters in Item 9D of Part III on the SF-SAC. (c) Recipients agree to separately identify to each sub-recipient, and document at the time of sub- award and at the time of disbursement of funds, the Federal award number, CFDA number, and amount ofRecoveJy Act funds. When a recipient awards Recovery Act funds for an existing program, the information furnished to sub-recipients shall distinguish the sub-awards of incremental Recovery Act funds from regular sub-awards under the existing program. ( d) Recipients agree to require their sub-recipients to include on their SEF A information to specifically identify Recovery Act funding similar to the requirements for the recipient SEF A described above. This information is needed to allow the recipient to properly monitor sub-recipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies, Office of Inspector General and the Government Accountability Office. PART II: STATE REQUIREMENTS This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event the recipient expends $500,000 or more in state fmancial assistance during its fiscal year, the recipient must have a State single or project-specific audit conducted in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the state financial assistance expended during its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Children & Families, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in the preceding paragraph, 1he recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission ofa financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 or 10.650, Rules of the Auditor General. The schedule of expenditures should disclose the expenditures by contract number for each contract with the department in effect during the audit period. The financial statements should disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due the department shall be fully disclosed in the audit report package with reference to the specific contract number. PART III: REPORT SUBMISSION Any reports, management letters, or other information required to be submitted to the department pursuant to this agreement shall be submitted within 180 days after the end of the provider's fiscal year or within 30 days of the recipient's receipt of the audit report, whichever occurs first, directly to each of the following unless otherwise required by Florida Statutes: A. Contract manager for this contract (2 copies) Theresa Phelan Department of Children and Families 1111 12th Street, #304 Key West, FL 33040 ~ 1.1 KFZ28 B. Department of Children & Families ( 1 electronic copy and management letter, if issued) Office of the Inspector General Audit Unit Building 5, Room 237 1317 Winewood Boulevard Tallahassee, FL 32399-0700 Email address:singleaudit@dcLstate.fl.us C. Reporting packages for audits conducted in accordance with OMB Circular A-l33, as revised, and required by Part I of this agreement shall be submitted, when required by Section .320(d), OMB Circular A-l33, as revised, by or on behalf of the recipient directly to the Federal Audit Clearinghouse using the Federal Audit Clearinghouse's Internet Data Entry System at: http://harvester .census.gov/fac/ colIect/ddeindex.html and other Federal agencies and pass-through entities in accordance with Sections .320(e) and (f), O:MB Circular A-133, as revised. D. Copies of reporting packages required by Part II of this agreement shall be submitted by or on behalf of the recipient directly to the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 Email address:flaudgen_Iocalgovt@aud.state.fl.us Providers, when submitting audit report packages to the department for audits done in accordance with OMB Circular A-l33 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit or for-profit organizations), Rules of the Auditor General, should include, when available, correspondence from the auditor indicating the date the audit report package was delivered to them. When such correspondence is not available, the date that the audit report package was delivered by the auditor to the provider must be indicated in correspondence submitted to the department in accordance with Chapter 10.558(3) or Chapter 10.657(2), Rules of the Auditor General. PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six years from the date the audit report is issued and shall allow the department or its designee, Chief Financial Officer or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the department or its designee, ChiefFinanciaI Officer or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Department. . J~8 KFZ28 Attachment C Homeless Prevention and Rapid Re-Housing Grant Request for Release of Funds Schedule In accordance with the terms and conditions of the Homeless Prevention and Rapid Re-Housing Grant Agreement, the Grantee has been awarded the amount of$ 257.007.00 and the Department shall release these funds in accordance with the following schedule, subject to the availability of funds: RELEASE DATE AMOUNT First Quarter/First Y ear October 15, 2009 $38,551.12 Second Quarter/First Year October 15, 2009 $38,551.12 Third Quarter/First Year January 15, 2010 $38,551.12 Fourth Quarter/First Year April 15, 2010 $38,551.12 First Quarter/Second Y ear July 15, 2010 $25,700.63 Second Quarter/Second Year October 15, 2010 $25,700.63 Third Quarter/Second Year January 15, 2011 $25,700.63 Fourth Quarter/Second Year April 15, 2011 $25,700.63 For each payment request the Grantee shall prepare and submit a request for release offunds on the Grantee's stationary. 1.~ GRANT # KFZ28 Attachment D -GENERAL CERTIFICATIONS FOR STATE OR LOCAL GOVERNMENT FOR THE HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM (lfPRP) In accordance with the applicable statutes and the regulations governing the consolidated plan . regulations, the state, territory t or local government certifies that: Amrmatively Further Fair Housing - The state. territory, or local government wiIJ affirmatively further fair housing. which means. it will conduct an analysis of impediments to fair housing choice within the jurisdiction or state. take appropriate actions to overcome the effects of any impediments identifi~ through that analysis. and maintain records reflecting that analysis and actions in this regard. Drug.Free Workplace - It will or will continue to provide a drug.free workplace by: I. Publishing a statement notifying employees that the unlawful manufacture. distribution, dispensing, possession. or use ofa controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2.. Establishing an ongoing drug.frcc awareness program to infonn employees about: (a) The dangers of drug abu~c in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (e) Any available drug counseling. rehabilitation. and employee assistance programsj and (d) The penalties that may be imposed upon employees for drug" abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant" be given a copy of the statement required by p~ph I j 4. Noti1}ting the employee in the statement required by paragraph I that, as a condition of employment under the grant, the employee will .. (a)- Abide by the terms oftbe statement; and (b) NotifY the employer in writing orhis or her conviction for a violation ofa criminal. drug statute occurring in the workplace no later than five calendar days after such conviction; S. Notitying the agency in writing. within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide Dotice. including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless ~he Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected gran~ . 6. Taking one of the fonowing actions. within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted. (a) Taking appropriate personnel action against such an employee. up to and including termination. consistent with the requirements of the Rehabilitation Act of 1913, as amended; or 2(~ KFZ28 (b) Requiring such employee' to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, state, or local health. law enforcement, or other appropriate agency; . 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2. 3, 4, S and 6. Aati-LobbyiDg - To the best of the state, territory, or local government's knowledge and belief: ]. No Federal appropriated funds have been paid or will be paid. by or on behalf of it, to any person for influencing or attempting to influence an officer or employee orany agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal gran~ the making of any Federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal. amendment. or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated fwids have been paid or will be piid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or. employee of Congress, or an employee of a Member of Congress in connection with .this Federal contract, grant. loan, or cooperative agreement, it will complete and submit Standard Form..LLL, "Disclosure Form to Report Lobbying, It in accordance with its instructions; and 3. It will require that the language of paragraphs 1 and 2 ofthis'certitication be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. . Authority olLoeal Government, State, or Territory - The submission of the consolidated plan . · is authorized under state law and local law (as applicable) and the jurisdiction or state possesses the legal authority to carry out the programs under the ~onsolidated plan for which it is seeking funding, in accordance with applicable HUD regulations. 'Consistency with Plan eo. The housing activities to' be undertaken with HPRP funds are'consistent with the strategic plan. Section 3 -It will comply with section 3 of the Housing and Urban Development Act of 1968, and. impl enting regulations ~ CFR Part l35. ?l/~.Io? Date I I 21 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. LobbvinR Certi fication This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required . certification shall be subject to a civil penalty of no I less than $10.000 and not more than 5100,000 for each such failure. B. Dru2-Free Workplace Certification I. By signing andlor submitting this application or grant agreement, the grantee is providing the certi liealion. . 2. The certi fication is a materi al representation 0 f fact upon which reliance is placed when the agency awards the grant. If it is later determined toat the grantee knowingly rendered a false certification, or otheJWise violates the requirements of the Drug-Free Wor1cplace Act. HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free W orkpJace Act. . 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. Ifknown, they may be identified in the grant application. If the grantee does not identify the workpJaces at the time of application, or upon award, if there is DO application, the grantee must keep the Identity of the workpJace(s) on tile in its office and make the information available for Federal inspection. Failure to identi fy all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address ofbuiJdings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles ofa mass transit authority or State highway department while in operation, State employees in each local unemployment office, pcrfonners in concert halls or radio stations). S. If the workplace identified to the agency changes during the perConnance of the grant, the grantee shall Jnlann the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The Grantee may insert in the space provided below the site{s) Cor tbe perfonnance of work done In connection with the specific gran~: Place of Performance (Street address. city, county, state, zip code) .. 1100 $''''IJAlf''6N sr~~ ~Ij Y W~Sr, M6NL'€.. ~. ~~tlVO 'If 0 C# J",L. ~~~.~~ AA~IC~~_N NldN IZtJ ~ .,.. "'0,0 · 1&62.,:) I!J"#:ICS~~S "lIt"ilwAY. 'lAV4:.NIE~,' IJ(fJ/.//l-dE w'C "'07D , . I . Check _ if there are workplaces on file that are not identified here. The certification with regard to the drug-frCe workplace is required by 24. CFR part 24, subp~ F. 7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called. in particular, to the . following definitions from these rules: . ' 2~ "Controlled substance'. means a controlled substance in Schedules I through V of the Controlled Substances Act (2] U.S.C. 812) and as further defined by reguJation (21 CFR 1308.11 througb.1308.1S); "Conviction'. means 8 finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both. by any judicial body charged with the responsibility to dctennine violations of the Federal or State criminal drug statutes; . "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispcnsi~g, use, or possession of any controlled substance; "Employee. means the employee of a grantee directly engaged in the pcrfonnance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect chargeU employees unless their impact or involvement is insignificant to the pcrfonnancc of the grant; and (iii) temporary personnel and consultants who are directly engaged in the perfonnance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers. even if used to meet a matching requirement; ~onsultants or independent con~ractors r;aot on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). .: ~ 2t; \,; CFOP 180-4 Attachment E CF OPERA riNG PROCEDURE NO. 180-4 STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES TALlAHASSEE, October 29. 2007 Inspector General MANDATORY REPORTING REQUIREMENTS TO THE OFFICE OF INSPECTOR GENERAL 1. P~lQOSe. This operating procedure describes the requirements for reporting to the OffICe of Inspector General suspected or confirmed allegations concemlng an employee or contractor of the Department. This operating procedure also defines the types of incidents to be reported and the timeframes for reporting. 2. ~. This operating procedure applies to all e~ployees of the Department with know/edge of suspected or confirmed allegations of wrongdoing by an employee or contractor of the Department. 3. Authority. Section 20.055(6), Aorida Statutes (F.S.), requires the Office of Inspector General to receive and conduct Inquiries, invesUgations, audits, or management reviews. . 4. Definitions. As used in this operating procedure: a. BAllegatlonB means an assertion of wrongdoing that mayor may not be supported with evidence. b. BWrongdoing- means an act, which, If proven true, would be a violation of statute, rtfle, regulation or po/Icy, excluding job performance and related deficiencies. c. BFraud- means to commit an Intentional violation of law or a deDberate misrepresentation or concealment so as to secure unfair or unlawful financial or personal gain. d. .Cllent Death- means a person whose life terminates while in the care and/or custody of the Department, whether In a Department facility, or in a.licensed or contracted facility or service center. e. "Client Injury or Illness. means a medical condition of a client reqUiring medical treatment by a licensed health care professional sustained or allegedly sustained due to an accident, act of abuse, neglect or other incident occurring while In the presence of an employee in a Department facility or contracted facility or service center, or who is in the phYSical custody of the Department. f. -Theft- means to take the property of another without right or permission. 5. ReQortable Incidents. a. Inappropriate employee acts or omissions that result in client Injury, abuse, neglect or death; b. Fraud; c. Theft; . d. Breaches of confidentiality by an employee, unless Inadvertent and self-reported (e.g., revealing a reporter's name, providing cOnfidential documents to unauthorized persons, access of client This operating procedure supersedes CFOP 180-4 dated June 4, 2007. OPR: OSIG . DISTRIBUTION: A 2~. KFZ28 October 29, 2007 CFOP180-4 files for non-business reasons, providing Information from client files such as medical or benefits information, etc) Immediately upon confirmation by the district; e. FalsifICation of official records (e.g., intentional alteration of state documents, misrepresentation of Information during an official proceeding, Intentional falsification of client case records, case notes, client contact reports, visitation records, or client home visits, creating false and fictitIous files, etc.); f. Misuse of position or state property, employees, equipment or supplies for personal gain or profit (e.g., misuse of telephonic and communication devices, use of s~ff for personal services, soliciting on state time and state property, conspiracy to conceal missing state property, misuse of the Internet to conduct personal business as defined by policy, etc.); g. Failure to report known or suspected neglect or abuse of a client; h. Improper expenditure or commitment of public funds; I. Contract mismanagement by a Department employee or by a contractor, subcontractor, or employee of either (e.g., misuse, waste, or loss of a significant amount of public funds, evidence of egregious lack of judgment In the use of public funds, evidence that state or federal laws, or state rules or federal regulations have been violated. etc.); j. Computer related miSCOnduct (e.g., accessing FLORIDA, Florida's Safe Families Network (FSFN), HomEiSafeNet or FAHIS system files of clients when there is no direct business involvement with the client, accessing inappropriate or pornographic web sites, sending threatening or harassing messages, misuse of email, etc.); k. Any violation under 5435, F.S., TItle XXXI, Employee Screening, that would result in disqualifICation from client contact duties (e.g., convicted of murder, manslaughter, assault and battery, kidnapping, false Imprisonment, sexual battery, theft, robbery, child abuse, abuse and neglect of an elderly or disabled adult, s~le of a controlled substance, resisting arrest, contributing to delinquency of 8 minor. or other disqualifying offense); or, I. Any other wf'e)ngdolng that would be a violation of statute, rule, regulation or policy, eXclUding Job performance and related deficiencies. 6. Timeframe. Suspected or confirmed allegations as outlined in paragraph 5 of this operating procedure must be reported within two business (2) days of discovery. 7. Method's~ of ReDortlng. Notification may be made by completing a Notlficationllnvestigation Request (form CF 1934) on the LN Incident Reporting System and selecting IG as the primary or secondary Incident category or by emalllng the request to the Office of Inspector General. A request for investigation can also be made by mailing the completed form to the Office of Inspector General, 1317 Winewood Boulevard, Building 5, 2nd Floor, Tallahassee, Florida, 32399-0700; or via fax at (850) 488-1428. 8. Staff CQODtmition. All departmental employees are expected to fully cooperate with any investigation or audit conducted by the Office of Inspector General. This includes adherence to the reporting requirements of this operating procedure, as wen as SUbmitting to intelVlews, and providing requested documentation and sworn testimony. Refusal to fully cooperate with an investigation or audit conducted by the Office of Inspector General shall constitute employee misconduct pursuant to Rule 60l-36.005(3) and (4), Florida Administrative Code, and.wlll result in disciplinary action, up to and including dismissal. 2E .". t October 29, 2007 CFOP180-4 9. Flllure to ReDort. Adherence to this operating procedure by all departmental employees is essential to ensure the Office of Inspector General receives timely notification of allegations of fraud, waste, mismanagement, misconduct and other abuses In state govemment. FaHure to report according to this operating procedure may be deemed a violation of 5 60L-36.005, ROOda Administrative Code. The standards of conduct require employees to exercise due care and reasonable diligence in the performance of jOb duties, to protect state property from loss or abuse, to maintain high standards of honesty, Integrity and impartiality, and to place the Interest of the public ahead of personal interests. Any violation of these standarc#s will result in disCiplinary action up to and including dismissal. (Signed original copy on file) ROBERTA. BUTTERVVORTH Secretary SUMMARY OF REVISED, ADDED, OR DELETED MATERIAL Paragraph 5k defining "miscellaneous. as a reportable incident has been deleted. Paragraph 7, Methodes) of Reporting, has been revised to permit electronic submission of a request for investigation. .2f