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3. 03/20/1996 Agreement4 w �ouwry� !VJ` �vN Cuip4fc,4�,'`q i a uE 'M Mtn f RE COUMT'� •f� 3®annp 3L. Ralbage BRANCH OFFICE CLERK OF THE CIRCUIT COURT 3117 OVERSEAS HIGHWAY MONROE COUNTY MARATHON, FLORIDA 33050 500 WHITEHEAD STREET TEL. (305) 289-6027 KEY WEST, FLORIDA 33040 FAX (305) 289-1745 TEL. (305) 292-3550 FAX (305) 295-3660 M E M O R A N D U M BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL (305) 852-7145 FAX (305) 852-7146 To: James Roberts, County Administrator Attn: Dee Lloyd, Grants Management From: Isabel C. DeSantis, Deputy Clerk Q.G,B, Date: April 3, 1996 As you know, at the March 20, 1996 meeting, the Board granted approval and authorized execution of a Community Services Block Grant Agreement between Monroe County and the Florida Department of Community Affairs to provide pass through funding to the Grace Jones Day Care Center. Attached hereto are three duplicate originals of the above executed by Monroe County for your follow-through with DCA. Please be sure that a fully executed copy is returned to this office as quickly as possible. Should you have any questions, please do not hesitate to call. cc: County Attorney Finance %File AGREEMENT Agreement made as of the a?o'h day of March, 1996, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter "Board" and GRACE JONES COMMUNITY CENTER, hereinafter "Grace Jones Day Care." WHEREAS, Monroe County, as grantee, has received $3091.00 in Community Service Block Grant funds from the Department of Community Affairs, and WHEREAS, Grace Jones Day Care Center has received these funds as sub -grantee to provide for a part-time teacher's aide, now therefore, IN CONSIDERATION of such a provision, Grace Jones Day Care and the Board agree as follows: 1. Grace Jones Day Care Center will provide the $772.75 in matching funds. 2. The teacher's aide shall be hired by Grace Jones Day Care and that agent shall be an employee of Grace Jones. 3. The effective date of this contract will be the grant period, April 1, 1996, through September 30, 1996. 4. Grace Jones Day Care shall indemnify Monroe County and the Department of Community Affairs for all claims of any sort that arise from the use of this funding. In this respect, Grace Jones Day Care shall hold Monroe County harmless and assume all responsibility for any claims or damages resulting from the use of this funding during the time wherein the funding continues. ��`,`��•''�Llxk •'CpGf� KOLHAGE, Clerk (Seal) Attest: G. Clerk a EN' 0100MEN 00 rA . -00— - , W1,26 I `_`� / BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY By GRACE JONES COMMUNITY CENTER By: APPROVED AS TO RM AZP2L 5GAL B ROBER7 N, W DATE CSBG 5% FY 1996 Contract Number: CFDA Number: 93.569 COMMUNITY SERVICES BLOCK GRANT AGREEMENT THIS agreement is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "department"), and the j'fonroP Cjjnt, Rnarrj of Cormi ssi onPrc hereinafter referred to as the "grantee"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the grantee represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the services identified herein, and does offer to perform such services, and B. WHEREAS, the department has a need for such services and does hereby accept the offer of the grantee upon the terms and conditions hereinafter set forth. C. WHEREAS the department has authority pursuant to Public Law 97-35 to disburse the grant fun ' 3 under this agreement. NOW, THEREFORE, the department and the grantee do mutually agree as follows: (1) SCOPE OF WORK The grantee shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Both the grantee and the department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those program provisions identified in Attachment B and the terms and conditions relating to client eligibility as set forth in Attachment C. (3) PERIOD OF AGREEMENT This agreement shall begin upon execution by both parties or April 1, 1996, whichever is later and shall end September 30, 1996, unless terminated earlier in accordance with the provisions of paragraph (9) of this agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this agreement. Any additional terms and conditions pertaining to modification of this contract are set forth in Attachment B. (5) RECORD KEEPING (a) If applicable, grantee's performance under this agreement shall be subject to OMB Circular No. A-102, "Uniform Administrative Requirements for State and Local Governments" or OMB Circular No. A-110, "Grants and agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A- 122, "Cost Principles for Nonprofit Organizations." If this agreement is made with a commercial (for -profit) organization on a cost -reimbursement basis, the grantee shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) All original records pertinent to this agreement shall be retained by the grantee for three years following the date of termination of this agreement or of submission of the final close-out report, whichever is later, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non -expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for three years after final disposition. 3. Records relating to real property acquisition shall be retained for three years after closing of title. (c) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The grantee, its employees or agents, including all subgrantees or consultants to be paid from funds provided under this agreement, shall allow access to its records at reasonable times to the department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the department. (e) Any additional terms and conditions pertaining to property management and procurement under this agreement are set forth in Attachment C. (6) REPORTS (a) At a minimum, the grantee shall provide the department with monthly financial status reports and quarterly program reports and a close-out report. (b) Monthly financial status reports are due to be received by the department no later than 21 days after the end of each month of the program year and shall continue to be submitted each month until submission of the administrative close- out report. Quarterly reports are due to be. received by the department no later than 21 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are June 30 and September 30. 2 (c) The close-out report is due 45 days after termination of this agreement or upon completion of the activities contained in this agreement. (d) If all required reports and copies, prescribed above, are not sent to the department and/or are not completed in a manner acceptable to the department, the department may withhold further payments until they are completed and/or may take such other action as set forth in paragraph (9).. The department may terminate the agreement with a grantee if reports are not received within 21 days after written notice by the department. "Acceptable to the department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work. (e) Upon reasonable notice, the grantee shall provide such additional program updates or information as may be required by the department, including supporting or source documentation for required reports identified above. (7) MONITORING (a) The grantee shall constantly monitor its performance under this agreement to ensure that time schedules are being met, the Budget and Scope of Work is being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function, or activity set forth in Attachment A to this agreement. (b) Training and technical assistance shall be provided by the department, within limits of staff time and budget, upon request by the grantee and/or upon a determination by the department of grantee need. (c) The grantee shall allow the department to carry out monitoring, evaluation and technical assistance and shall ensure the cooperation of its employees, and of any subgrantees with whom the grantee contracts to carry out program activities. (8) LIABILITY (a) Except as otherwise provided in subparagraph (b) below, the grantee shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, grantee agrees that it is not an employee or agent of the department, but is an independent contractor. (b) Any grantee who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any grantee to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT: REMEDIES% TERMINATION (a) If any of the following events occur ("Events of Default"), all obligations on the part of the department to make any further payment of funds hereunder shall, if the department so elects, terminate and, the department may at its option exercise any of its remedies set forth herein, but the department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the grantee in this agreement or any previous agreement with the department shall at any time be false or 3 misleading in any resped, orl If tho grantee shall fall to;keep, observe r'r perform any of the terms or covenants c�nti4ined in this agreement or any previous agreement with the department and has not cured such in timely fashion, or is unable or unwilling to meet its obilpations thereunder 2. If �ny material adverse change shall occur in the financial oonditiun of the granter: at aAy time during the term of this agreementlfrom the financial nondition revealed In any reports filed or to be filed with the department, and the grantee faits to curt. said material adverse change within thirty (30) days from the time Uie date written notit* is sent by the department" 3. Ifj any reports required by -this agreement have' not been submitted to the depaftlent, or have been submitted with incorrect, in1complete or insuff1dant irrforination; Y 4. if the grantee has failed to perform and compete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment A. 5, If the necessary funds are not available to fund this agrestrient as a insult at action by t6a Legislature, the Office of the Comptroller or the Office of Management and Budgeting. (b) Up n tj a happening of an Event of Default, theri the department may, at its option, upon on notice to the grantee and upon Uie grOntee's failure to timely cure, exercise an one or more of the following rornedies, either concurrently car consecutively, and'the rsOlt of.any one of the following remedies shall not preclude the department from pursuing any other remedies contained herein ar otherwise provided at law or in *gdlty; 1. terminate this agreement, provided that the grantee is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed irj th$ United States mail, first class mail, postage prepaid, by registered or certified mail•retum receipt requested, to the address set forth In paragraph (10) herein; 2. Commence on appropriate legal or equitable action to enforce performance of this agreement; 3. Withhold or suspend payment of all or any port of a request for payment; 4. �xgrelse any corrective or remedial actions, to include but not to limited to, requesting additional information from the grantee to dLter-mine the reasons for or the extent of non-compliance or lack of performance, Ossuing a written warning to advise that r6w6 serious measures may be taken if the s�tuotion Is not corrected, advising the bralitee to suspend, discontinue or refrain from Incurring costs for any activities in quostion or requiring the grantee to reimburse the department for the amount of costs in�urred for any items determined to be ineligibie; 5.! Exercise any other rights or remedies which may be otherwise available under law; (c) T I department may terminate this agreement for caLisn upon such written rinflue as is rea n6ble under the circumstances. Cause shall Include, but not be limited to, misuse nt funds; fraud; lack of compliance with oppiloible ruled, laws and regulations; failure to perform In a trrrrely mannar; and ratusal by the gruntes to permit public amass to any dbeui rent, paper, letter, or, other material subji a to disclosure under nhapter 119, Firm., as amended. 4 (d) Suspension or termination constitutes final agency action under Chapter 120, FlaStat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) The grantee shall return funds to the department if found in non- compliance with laws, rules, regulations governing the use of the funds or this agreement. (f) This agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the grantee shall not be relieved of liability to the department by virtue of any,breach of agreement by the grantee. The department may, to the extent authorized by law, withhold any payments to the grantee for purpose of set-off until such time as the exact amount of damages due the department from the grantee is determined. (10) - NOTICE AND CONTACT (a) All notices provided under or pursuant to this agreement shall be in writing and delivered either by hand delivery, or first class, certified mail, return receipt requested, to the representative at the address identified below and said notification attached to the original of this agreement. (b) The name and address of the department contract manager for this agreement is: Mr. Robert Lakin Planning Manager Bureau of Community Assistance Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 (c) The name and address of the representative of the grantee responsible for the administration of this agreement is: Deanna S. Lloyd, Grant-, j1,1nager _Public Service Building 1 rling 5100 College Road I:ev West- FL 33040 (11) OTHER PROVISIONS a) The validity of this agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the grantee, in this agreement, in any subsequent submission or response to department request, or in any submission or response to fulfill the requirements of this agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the department and with thirty (30) days written notice to the grantee, cause the termination of this agreement and the release of the department from all its obligations to the grantee. (b) This agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this agreement. 5 (c) No waiver by the department of any right or remedy granted hereunder or failure to insist on strict performance by the grantee shall affect or extend or act as a waiver of any other right or remedy of the department hereunder, or affect the subsequent exercise of the same right or remedy by the department for any further or subsequent default by the grantee. Any power of approval or disapproval granted to the department under the terms of this agreement shall survive the terms and life of this agreement as a whole. (d) The provider agrees to comply with the Americans with Disabilities Act, Public Law 101-336, 42 U.S.0 12101 et sea., if applicable, which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and in telecommunications. (e) The agreement may be executed in any number of counterparts, any one of which may be taken as an original. (f) If applicable, the grantee shall provide the department with a signed Public Entity Crime Statement, Form PUR 7068, pursuant to the requirements of Section 287.133(3) (a), Fla. Stat., and enclose it with the agreement documents. If subgrantees will receive payment from this contract, it is the grantee's responsibility to ensure that a copy of the form is executed by each for whom it is applicable, and is included with the agreement documents. (g) The provider agrees to comply with Public Law 103-227, Part C. Environmental Tobacco Smoke, also known as the Pro -Children Act of 1994 (Act), which requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18 if the services are funded by Federal programs either directly or through States or local governmental by Federal grant, contract, loan or loan agreement. (12) AUDIT REQUIREMENTS (a) The grantee agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The grantee shall also provide the department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this agreement. (d) The grantee shall provide the department with an annual financial audit report which meets the requirements of Sections 11.45 and 216.349, Fla. Stat., and Chapter 10.550. and 10.600, Rules of the Auditor General, and, to the extent applicable, the Single Audit Act of 1984, 31 U.S.C. ss. 7501-7507, OMB Circulars A- 128 or A-133 for the purposes of auditing and monitoring the funds awarded under this agreement. The funding for this agreement was received by the department as a grant and aid appropriation. 1. The annual financial audit report shall include all management letters and the grantee's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all agreements and grant revenue by sponsoring agency and agreement number. 3. The complete financial audit report, including all items specified in (12)(d) 1 and 2 above, shall be sent directly to: Department of Community Affairs Office of Inspector General 2740 Centerview Drive Tallahassee, Florida 32399-2100 (e) In the event the audit shows that the entire funds, or any portion thereof, were not spent in accordance with the conditions of this agreement , the grantee shall be held liable for reimbursement to the department of all funds not spent in accordance with these applicable regulations and agreement provisions within thirty (30) days after the department has notified the grantee of such non-compliance. (f) The grantee shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. (g) The grantee shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. (h) The audit is due seven (7) months after the end of the fiscal year of grantee or by the date the audit report is issued by the state Auditor General, whichever is later. (1) An audit performed by the State Auditor General shall be deemed to satisfy the above audit requirements. (13) SUBGRANTEES If the grantee subgrants any or all of the work required under this agreement, a copy of the executed subgrant must be forwarded to the department within thirty (30) days after execution of this agreement. The grantee agrees to include in the subcontract that (1) the subgrantee is bound by all applicable state and federal laws and regulations, and (ii) the subgrantee shall hold the department and grantee harmless against all claims of whatever nature arising out of the subgrantees performance of work under this agreement, to the extent allowed and required by law. (14) parties. (15) TERMS AND CONDITIONS The agreement contains all the terms and conditions agreed upon by the ATTACHMENTS (a) All attachments to this agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This agreement has the following attachments: A. Budget and Scope of Work (Contract Proposal Package) B. Incorporation of Laws, Rules, Regulations and Policies; Program Income; CSBG Modifications, Match Requirements, CSBG Client Eligibility, Other Provisions C . Property Management and Procurement and Recordkeeping D. Federal Lobbying Certification E. Copyright Patent and Trademark F. Advance Justification G. CSBG Statement of Assurances I. Special Conditions (16) FUNDING/CONSIDERATION (a) This is a cost -reimbursement agreement. The grantee shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $ 3091.00 subject to the availability of funds. (b) Any advance payment under this agreement is subject to s. 216.181(14), Fla. Stats. The amount which may be advanced may not exceed the expected cash needs of the grantee within the first three (3) months, based upon the funds being equally disbursed throughout the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-102, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this agreement as Attachment F. Attachment F will specify the amount of advance payment needed. Attachment F must be completed if an advance is requested. 1. X 2. No advance payment is requested. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a monthly reimbursement basis as needed. The grantee agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this agreement. (17) FTANDARD CONDITIONS The grantee agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat., or the Florida Constitution. (b) If otherwise allowed under this agreement, extension of an agreement for contractual services shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial agreement. There shall be only one extension of the agreement unless the failure to meet the criteria set forth in agreement the for completion of the agreement is due to events beyond the control of the grantee. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postdated thereof. (d) If otherwise allowed under this agreement , all bills for any travel expenses shall be submitted in accordance with s. 112.061, Fla. Stat. (e) The Department of Community Affairs reserves the right to unilaterally cancel this agreement for refusal by the grantee to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the grantee in conjunction with the agreement. 51 (18) STATE LOBBYING PROHIBITION No funds or other resources received from the department in connection with this agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. Refer to Attachment D for additional terms and provisions relating to lobbying. (19) COPYRIGHT. PATENT AND TRADEMARK If applicable to this agreement, refer to Attachment E for terms and conditions relating to copyrights, patents and trademarks. (20) LEGAL AUTHORIZATION The grantee certifies with respect to this agreement that it possesses the legal authority to receive the funds to be provided under this agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this agreement with all covenants and assurances contained herein. The grantee also certifies that the undersigned possesses the authority to legally execute and bind grantee to the terms of this agreement. (21) ASSURANCES The grantee shall comply with any Statement of Assurances incorporated as Attachment G. (22) VENDOR PAYMENTS Pursuant to Section 215.422, Florida Statutes, the department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the agreement. Fr ilure to issue the warrant within 40 days shall result in the department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat., The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (904) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. STATE OF FLORIDA GRANTEE DEPARTMENT OF COMMUNITY AFFAIRS tpx�rsze_Ct`<I Ro rd of ,(N me) Crsnissioners By: A (Type Name and Title Date: o3 -a.0.9 v Rosa M. Morgan, Chief Bureau of Community Assistance 59-6000749 y'��'��.'::: ''�r APPROVED AS TO FO Federal Ide ion Number '��, AD1tf'Y "° A GAL FFiCi ATTEST:MiY V L R ER'f N, WO HALEGAUBJRMASTER. !12/91. p t DATE �* 9 Page 1 of FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS COMMUNITY SERVICES BLOCK GRANT 5% LOCAL GOVERNMENT SHARE ATTACHMENT A BUDGET AND SCOPE OF WORK FFY 1996 SUBMITTED BY: Honroe Countv Board of Commissioners Grantee Application is hereby made for funding through the Community Services Block Grant under the Community Services Block Grant Act of 1981 (PL 97-35), as amended, and the Community Services Block Grant Program Rule Chapter 9B-22, Florida Administrative Code. THE APPLICANT -CERTIFIES THAT THE DATA IN THIS APPLICATION AND ITS VARIOUS SECTIONS, INCLUDING BUDGET DATA, ARE TRUE AND CORRECT TO THE BEST OF ITS KNOWLEDGE AND THAT THE FILING OF THIS APPLICATION HAS BEEN DULY AUTHORIZED AND UNDERSI ANDS THAT IT WILL BECOME PART OF THE AGREEMENT BETWEEN THE DEPARTMENT AND THE APPLICANT. C� �C' � n't rintee: 14onroe County Witness: / By: James L. Roberts (Type Name) Counts Administrator (Title) Date) PROPOSALS MUST BE RECEIVED AT THE DESIGNATED ADDRESS BEFORE CLOSE OF BUSINESS OF March 1, 1996 Attachment A Page 2 of _ FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS COMMUNITY SERVICES BLOCK GRANT 5% LOCAL GOVERNMENT SHARE PROPOSAL FEDERAL FISCAL YEAR: 96 CONTRACT PERIOD: April 1.1996 TO September 30, 1996 m m � n nm � InI1�1A 1 A 11 A A l A FOR DCA USE ONLY DATE RECEIVED: CONTRACT NO: REVISIONS) RCVD: \ GRANT TYPE: 5% Local Government Share DATE SIGNED: DCA CONSULTANT: _ �IIIOIII,IIIw II. GRANTEE CATEGORY: { } Eligible Entity } Local Government ( } Migrant/Seasonal Farmworker Organization COUNTIES TO BE SERVED WITH THESE FUNDS: Monroe III. GENERAL ADMINISTRATIVE INFORMATION a. Name of Grantee:: _11onroe Countv Board of Commissioners b. Street Address: 5100 College Road City: Key West , FL Zip Code: 3304Q. Telephone: ( ) 305-?92-1&11.74 County: Monroe Fax: ( ) 305-292-4515 C. Mailing Address (if different from above): FL Zip Code: d. Chief Elected Official (For local governments) or President/ Chairman of Board (for corporations): Name: �ShiYl eta Freeman - Title: 14^vo Board of o inty Cor issioners e. Official to Receive State Warrant: Name: Dannv L. Kolhage Title: c1Prk of Court Mailing Address: P _ 0 _ 13niL ' 919 Key West FL Zip Code: 3304 f. Contact Person: Name: Deanna S. Lloyd Title: Grants rlanager Mailing Address: Public Service Building, 5100 College Rd. I:ey lie st —'FL Zip Code: 33040 Telephone: ( ) 309-292-44711 Fax: ( ) 305-2924515 g. Person(s) authorized to sign fiscal reports: Lloyd Da ame sLS S. Roberts h.. Federal Identification Number: 59-60000749 These funds will be transferred to: { } No Subgrantees { ;C} 1 SUBGRANTEE(s) as follows: Name and address of subgrantee(s) Contact person and Telephone Number: Grace Jones Day Care Center Odell Robbins 230 41st St. Gulf Marathon, FL 33050 Page of FIVE PERCENT LOCAL GOVERNMENT SHARE BUDGET SUMMARY !�D Aw,rv. <i • Mn-nYl1P rnimt-v Board CommissionerCash Advance:$ No V 1�171 \ 1 L/ai• - - --- REVENUE SOURCES PERCENT TOTAL NOTES: AMOUNT - Round all figures up to the nearest dollar - Provide a minimum of: 2% - Cash Match CSBG Grant Funds 1 . CS 3091 00 2. Cash Match 20% - Total Match - Do not under match 1.99% Cash Match is unacceptable. 3. In -Kind Match % -0- 4. TOTAL MATCH (Line 2 + Line 3) 20 % 7 7 2.7 5 FUNDS Line 1 + Line 4 5 TOTAL ) 3861-79 CSBG FUNDED PROGRAMS ONLY EXPENSE CATEGORY (I) CSBG FUNDS (2) CASH MATCH (3) IN -KIND MATCH (4) TOTAL GRANTEE ADMINISTRATIVE EXPENSES: 6. Salaries including fringe 7. Rent and Utilities 8. Travel 9. Other 10. SUBTOTAL (Lines 6 through 9) SUBGRANTEE ADMINISTRATIVE EXPENSES 11. Salaries including fringe 12. Rent and Utilities 13. Travel 14. Other 15. SUBTOTAL (Lines 11 through 14) 16. TOTAL ADMINISTRATIVE EXPENSE (Line 10 Line 15) 17. ADMINISTRATIVE EXPENSE PERCENT (Line 16 divided by Line 1) 0 /o f �CAIvNCl'>��° Off'SG ALLGtT GRANTEE PROGRAM EXPENSE: 18. Salaries including fringe. 19. Rent and Utilities 20. Travel 21. Other 22. SUBTOTAL ( Lines 18 through 21) SUBGRANTEE PROGRAM EXPENSE: 23. Salaries including fringe 24. Rent and Utilities 25. Travel 3091.00 772.75 - 0 - 3863.75 26. Other 27. SUBTOTAL (Line 23 through 26) 28. TOTAL PROGRAM EXPENSE (Line 22 + Line 27) 3091.00 772.75 - 0 - 3863.75 3091.00 772.75 - 0 - 3863.75 29. SECONDARY ADMINISTRATIVE EXPENSE 30. GRAND TOTAL EXPENSE: (Line 16 + Line 28 + Line 29) 3091.00 772.75 - 0 - 3863.75 Attachment A Pa,-,e of SUBGRANTEE BUDGET SUMMARY (Each subgrantee must complete this pare. Omit this page if there is no subgrantee) NAME OF GRANTEE: Monroe Countv Board of Commissioners NAME OF SUBGRANTEE: Grace Jones Community Center Dav Care Center MAILING ADDRESS OF SUBGRANTEE: 230 41st. St. Gulf _ Marathon . FL ZIP CODE 33050 CONTACT PERSON: Odell Robbins TITLE: Director TELEPHONE: 11 (305) 743-6064 NOTE: The folloNving line items (11-15 and 23-27) must correspond to the BUDGET SUMMARY of the APPLICANT. If there is more than one subgrantee, it is the applicant's responsibility tc enh re that the tota! of all subgrantee budgets add correctly. THIS FORM REQUIRES ORIGINAL SIGNATURES. I CSBG FUNDED PROGRAMS ONLY EXPENSE CATEGORY St?BGRANT);>; A13A71N1S'i'RATiVE EXP 11. Salaries including fringe 12. Rent and Utilities 13. Travel 14. Other 15. SUBTOTAL (Lines I 1 through 14) (1) CSBG (2) CASH 1 (3) IN -KIND FUNDS I MATCH MATCH (4) TOTAL SUBGRANTEE PROGRAM EXPENSE 3Q91.00 772.75 - 0 L386375 23. Salaries including fringe 30 1 7 - - 24. Rent and Utilities 25. Travel. 26. Other 27. SUBTOTAL ( Lines 23 through 26) 3091.00 772.75 - 0- 3863.75 TOTAL EXPENSE (Lines 15 + 27) 3091 00 2 - - The subgrantee certifies that the deta included in the Subgrantee budget and the Subgrantee Work Plan are true and correct. The subgrantee agrees to comply with all rules and regulatio , relating to the Community Services Block Grant with respect to this budget and workplan, and kikderstands th t t: is budget and work plan will become a part of th gree nt et een the Grantee and th epartm nt of o munity Affairs . Approved by: resident of the Board) gnature ate Attested by: ate Na a Sig e Page of NAME OF GRANTEE: Monroe Count Board of Coru*iissioners LINE EXPENDITiJRE DETAIL DOLLARS CHARGED TO CSBG ITEM Round up line item totals to dollars. NO. Do not use cents and decimals in totals. CSBG CASH** IN -KIND** SEE INSTRUCTIONS FOR BITDGF.T DETAii, EORM&n FUNDS MATCH MATCH Cash batch Documentation Subgrantee program Expenses: 772.75 23 Salaries Teacher's Aide 111 hrs (�_ $7.00/hr (Source of cash match - Grace Tones Center) 23 CSBG Funds 3091.00 Teacher's Aide 442 hrs A $7.00/hr **..�..,. ,.*, cnrinr'Fc nF rARH AND IN -KIND MATCH a Fd m rt �.d .d n 0 C.) rt m n 0 n w 'd w Wt-h0 G w r•mo rt rt -a C O m oQ w r"{ H H. m rtH. m H m rt w o• 'd Z O �n OGG air• C En toOw P3 Wrt r•HF'• p m COG mrtmo O'm m (M La mmxa ►-� (Dn rt -Nrt 0 w • o w H. 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(D H b (D C (D r• n U) m oa w a FJ• m O rt rt O woa' ~ as r F'- rt 1-4 wE r•H �H0((D rt x— ��o F-n'd P. 0 FJ• CO Fj• �r N n r-h H aHtl vn o-h rwt � w (D rt W W(D (D rta�, No04 Q• n H. o rt H (D w xFw� rt r-d F �. f"{ Fes• (D• w p rt Un O w 0 D3 N �' O ►-. o En �-O o•a� r' •'I o ' rT a. • co o co 0cCo°�• co A cr W N Co O C•�A NA ►� ►j co y• co � a ?, o A r�S Co A N W n tri z d n °z ►d n C N •� cl A Cd� p O "C o O n gn o � z .- C) A O o, � o. o Q a• �. co a tri H� z y O ado •.i r, n w n m LA 0 m cn 0 0 m CrQ tTj r rwt � w rt• .. o °rQ o � o � es v "I m � z W � p tv �7 v C7 V V Ln W z co � ° c a rn w Li0 r• y y .4 Ln Ln m � cn 00 9 P. cr rA ::tt•...�:; {::...,.:. a FJ a CD :$}}}}v vie• ,.} W N< ,; FJ .:,,:•y�; v_Jr f� ?':'.. Fri ril CD w 0 n n 0 bd 0 n a 0 f-b n 0 w p rD n CSBG ATTACHMENT B (Page 1 of 3) INCORPORATION OF LAWS. RULES AND REGULATIONS AND POLICIES PROGRAM INCOME MODIFICATIONS MATCH REQUIREMENTS CSBG CLIENT ELIGIBILITY AND CLIENT RECORDS OTHER PROVISIONS (1) INCORPORATION OF LAWS, RULES AND REGULATIONS AND POLICIES Both the grantee and the department shall be governed by applicable laws and local rules, including, but not limited to: The Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35, as amended), Rule Chapter 9B-22, Florida Administrative Code, and 45 C.F. R. Part 96. (2) PROGRAM INCOME (a) Except as provided for advance payments in paragraph (16) c above, the grantee may temporarily invest grant funds, but any interest income shall either be returned to the department or be applied against the department's obligation to pay the contract amount. Any interest income earned by the temporary investment of these grant funds that are not applied against the department's obligation to pay shall be returned to the department at the time of submission of the final close-out report. (b) Grantee may apply program income, excluding interest income, to meet matching requirements, or may reprogram it for eligible program activities in accordance with Rule Chapter 9B-22, Florida Administrative Code. The amount of program income and its disposition must be reported to the department at the time of submission of the final close-out report. (3) MODIFICATIONS (a) As provided in Rule 9B-22.009, Fla. Admin. Code, the department or the grantee may request modifications to this agreement. Changes in the approved work plan may be made by a grantee only after formal modification to the contract is approved in writing by the department. (b) The department shall not be obligated to reimburse a grantee for outlays in excess of the funded amount of the grant agreement unless and until the department officially approves such expenditures by executing a written modification to the original contractual agreement. (c) All requests for modifications in excess of ten percent (10%) of the line item or the total budget must be submitted to the department for approval thirty (30) days prior to the anticipated implementation date. The grantee must include a description of the proposed changes and their effect upon the approved work plan. Failure to meet this time frame may result in reimbursement delays. (d) Changes within individual budget line items may be made at the discretion of the grantee, without department approval, if the cumulative effect of such changes does not exceed ten percent (10%) of the line item total, and if the cumulative effect of the number of such changes does not exceed ten percent (10%) of the total approved grant amount, provided that: i0 ATTACHMENT B (Page 2 of 3 ) 1. only unobligated funds are transferred from one line item to another line item; 2. the grantee notifies the department in writing prior to effecting a budget change within the limitations set forth in this section and Rule 913-22; Fla. Admin. Code and 3. budget changes do not result in overexpenditure of the total approved budget change within the limitations in excess of the administrative expense limits. (4) MATCH REQUIREMENTS 1. The grantee shall match the CSBG funds identified in (16) (a) by an amount of at least twenty percent (20%) of the funds received. Not less than ten percent (10%) of the match shall be in cash. That is, the grantee shall supply.a cash match equal to at least two percent (2%) of the CSBG funds received. In -kind match sources shall absorb the balance of the overall minimum twenty percent (20%) requirement. 2. The grantee shall provide as matching funds for services under this agreement the following amount: s772.75 Cash $ - 0 - In -Kind 3. List the source(s) where the cash and in -kind match will be obtained: Cash: Grace Jones Community Center In -Kind: N/A 4. Sources of matching funds and expenditures for all funds under this agreement shall be governed by the CSBG application in Attachment A of this agreement. CSBG funds may not be used in part or in whole to meet the (2%) cash match requirement. (5) CSBG CLIENT ELIGIBILITY AND CLIENT RECORDS 1. The grantee shall certify each client receiving CSBG funded services as income eligible at 125% or less of the current Office of Management and Budget Poverty Guidelines as required by CSBG law and rule. In order to certif}, each client, the grantee shall be required to maintain current (less than one year old) source documentation of income eligibility. In the event that the client cannot provide income documentation, the grantee shall require the client to provide a signed certification of eligibility to attest to the client's verbal declaration. This certification must specify the reasons that no current documentation could be provided by the client. 2. The grantee will maintain a separate record for each CSBG client which includes at least the following data: client name, address, sex, race, age, income amount and method of verification, date client was interviewed, services performed for the client and documentation of any denial of client services. 3. Grantees are required to have written client appeal procedures for any client denied services using CSBG funds. 4. Client records and all CSBG related documentation are to be made available for pubic inspection during normal business hours upon request. (6) OTHER PROVISIONS All records, correspondence, employee time sheets, board minutes, board meeting notices and other documents related to CSBG funded activities shall be available for public,inspection during normal business hours. II CSBG ATTACHMENT C Property Management and Procurement and Recordkeenina Grantee shall comply with property management standards for non -expendable property equivalent, at a minimum, to OMB Circular A-102, Attachment N. or OMB Circular A-110, Attachment N and the awarding federal agency's "Common Rule." 1.2 CSBG ATTACHMENT E COPYRIGHT PATENT AND TRADENj.,\RK (1) if the grantee brings to the performance of this agreement a pre-existing patent or copyright, the grantee shall retain all rights and entitlements to that pre-existing patent or copyright unless the agreement provides otherwise. (2) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this agreement, or in any way connected herewith, the grantee shall refer the discovery or invention to the department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this agreement are hereby, reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the grantee shall notify the department. Any and all copyrights accruing or in connection with the performance under this agreement are hereby reserved to the State of Florida. (3) Within thirty-(30) days of execution of this agreement, the grantee shall disclose all intellectual properties relevant to the performance of this agreement which he or she knows or should know could give rise to a patent or copyright. The grantee shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The department shal! then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the agreement. 14 CSBG ATTACHMENT D FEDERAL LOBBYING CERTIFI ATION (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any state or federal 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 grant, the making of any Federal loan, the entering into of any cooperative, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. (2) If an), funds other than federal appropriated funds have been paid or will be paid 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 --mplovee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification 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. (4) This certification is a material representative 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 reyuired certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Monroe County Board of Commissioners Grantee (Signature) Administrator, 14onroe County (Title) l� ADVANCr .IUSTIFICATION [ ] Advance 30tifleation #I: If the grantee is basically providing the same services at the same cost as last year's contract, use the actual expenditures from last year as the basis for the projected expense. No advance can exceed 50% of the 5% Share allocation. If the workplan, subgrantee or funding amount has changed, complete Advance Justification #2. Prior History of Expenditures Prior 1 st Month Prior 2nd Month Prior 3rd Month [ ] Advance Justification #2: If the grantee is a new applicant, or if the funding amount, workplan, or subgrantee has changed, complete the following three-month projection for the grant funds portion of the budget only. The advance cannot exceed 50% of the contract amount. �Mj NLn ADVANCE REQUIRED EXPENSE CATEGORY PROJECTED EXPENSES 1 st Month 2nct Month 3rd Month Total GRANTEE ADMINISTRATI_VE EXPENSES: 6. Salaries including- fringe ................................ 7. Rent and Utilities ........................................... 8. Travel............................................................ 9. Other.............................................................. 10. SUBTOTAL (Lines 6 through 9).............. SUBGRANTEE ADMINISTRATIVE EXPENSES: 11. Salaries including fringe .......................... 12. Rent and Utilities ........................................ 13. Travel......................................................... 14. Otherr............................................................ 15. SUBTOTAL ('Lines 11 through 14)............... 16. TOTAL ADMINISTRATIVE EXPENSE (Line 10 + Line 15)..................................... 7. A D M IN IS TR 4T I VE EX PENSE PE NSE PERCENT l GRANTEE PROGRAM EXPENSE: 18. Salaries including fringe ............................. 19. Rent and Utilities ............................................ 20. Travel............................................................. 21. Other.............................................................. 22. SUBTOTAL( Lines 18 through 21)............. SUBGRANTEE PROGRAM EXPENSE: 23. Salaries including fringe ............................... 24. Rent and Utilities .......................................... 25. Travel............................................................ 26. Other........................................................... 27. SUB T OTAL (Line 23 through 26)............... 28. TOTAL PROGRAM EXPENSE (Line 22 + 27)......... 29. SECONDARY ADMINISTRATIVE EXPENSES 30. GRAND TOTAL EXPENSE: (Line 16 + 28 + 29) CSBG ATTACHMENT G STATEMENT OF ASSURANCES (Page 1 of 2) 1. Interest of Certain Federal Officials. No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. 2. Interest of Members Officers or Emplovees of Recipient Members of Local Governing Body. or Other Public Officials. No member, officer, or employee of the grantee, or its delegates or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement The grantee shall incorporate or cause to be incorporated ir, all such agreements, a provision prohibiting such interest pursuant to the purposes of this subsection. No board member, officer or employee will be permitted to receive any remuneration or gift in any amount. Board members may receive travel expenses in accordance with s. l 12.9061, Fla. Stat. 3. N_e op tism. The grantee agrees to abide by the provisions of s. 122.3125,l_a. Stat., pertaining to nepotism in their performance under this agreement. 4. CSBG Assurances. The grantee hereby assures and certifies as a condition of receipt of Community Services Block Grant funds, that it and its subgrantees will comply with the applicable requirements of Federal and State laws, rules. regulations, and guidelines. As part of its acceptance and use of CSBG funds, the grantee assures and certifies that: (a) The grantee possesses the legal authority to apply for the grant, and that the contract proposal has been approved by the grantee's governing body. including all assurances contained herein. (b) The grantee will use all CSBG funds to provide a range of services and activities having measurable and potentially major impact on causes of poverty in the community v%here poverty is a particularly acute problem. Funds not used during the contract period will be ::.turned to the Department of Community Affairs with the closeout report on or before the due date. Reprogramming of deobligated funds will be at the discretion of the department. (c) The grantee will provide for coordination among antipoverty programs in each community .and, where appropriate, with emergency energy crisis intervention programs under Title XXXII of the Low -Income Home Energy Assistance Act conducted in each community. (d) The grantee possesses the sound fiscal controls and fund accounting procedures necessary to adequately safeguard the assets of the agency. check the accuracy and reliability of accounting data, promote operating efficiency and maintain compliance with prescribed m"-ragement policies of the agency. (e) The grantee will permit and cooperate with Federal and State investigations designed to evaluate compliance with the law. (f) The grantee will give the department, the Auditor General or any authorized representatives, complete access to examine all records, books, papers or documents related to all fiscal and program operations of the grant, including those of any subgrantee. (g) The grantee will comply with non-discrimination provisions, in accordance with Florida Statutes; section 677 of P.L. 97-35; Titles VI and VII of the Civil Rights .Act of 1964; and 45 C.F.R. Parts 84, 86 and 90. (h) The grantee will comply with the match requirements of this agreement and maintain verification of type and source. CSBG ATTACHMENT H u 10B SLOWWOR is (Page 2 of 2) (i) The grantee will comply with section 680 of Public Law 97-35 (42 U.S.C. ss. 9909). As amended, which prohibits use of CSBG funds for purchase or improvement of land, or the purchase, construction, or permanent improvement (other than low-cost residential weatherization or other energy related home repairs) of any building or other facility. 0) The grantee will comply with Rule Chapter 913-22, Fla. Admin.Code, which provides that CSBG administrative expenses shall not exceed fifteen percent (15%) of the total final CSBG expenditures (match excluded) at close-out. Any amount in excess of this limit shall be refunded to the department at time of contract closeout. (k) If the grantee administers a transportation program, it will comply with Chapter 427, 4 g; so that it will coordinate with the appropriate transportation providers(s). (1) If requesting -Secondary Administrative Expenses, the grantee will provide substantial documentation that these expenses are justified and support eligible CSBG activities. (m) The grantee will purchase a blanket fidelity bond covering all employees, officers or other persons holding.a position of trust. Individual bonds apart from the blanket bond are not acceptable. The amount of the bond must be no less than one-half of the total CSBG grant. (n) The CSBG application and all its attachments, includin§§g budget data, are true and correct. (o) The grantee will prohibit any political activities in accordance with subsection (e) of Section 675 (c) (6) of Public Law 97-35 [42 U.S. ss. 9909 (c)(6)]. (p) This agreement has been approved by the grantee's governing body by official action, and the officer who signs it is duly authorized to sign this agreement. 17 CSBG ATTACHMENT a (a) The grantee and its subgrantees shall comply with the following special conditions: (b) Failure of the grantee or its subgrantees to comply with the special conditions under this agreement shall be cause for the immediate suspension of payments, and may be cause for the immediate termination of this agreement.