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Item J1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 18, 2011 Division: Monroe County Sheriff's Office Bulk Item: Yes X No _ Department: Grants Staff Contact Person/Phone #: Tamara Snider / 292 -7092 AGENDA ITEM WORDING: Need the Mayor's signature on the DCF Criminal Justice Mental Health and Substance Abuse Reinvestment Grant/ Application for Advance Funding. ITEM BACKGROUND: On April 22, 2011, a MOU was executed between DCF and Monroe County. On April 29, 2011, the Monroe County Sheriff's Office was advised by DCF that it should apply for 100% of the first year's funds in advance, due to the possibility that said funds may not be available after June 30, 2011. A separate form requires the Mayor's signature in order to obtain the advance funds. The In -Kind Match of $306,058.32 (per year) will be provided by Lower Keys Medical Center, 16` Judicial Circuit Drug Court/Court Administration, Florida Keys Outreach Coalition, Institute of Criminal Justice (CIT Training), and the Monroe County Sheriff Office. In September 2010, the BOCC approved the Sheriffs request to submit an application for the Implementation Grant. On or about January 12, 2011, the Sheriff was notified that the State had awarded the grant. This Implementation Grant will help the Sheriffs Office to provide alternatives to detention for offenders who are mentally ill and/or have substance abuse problems. In February 2011 a request was submitted to the BOCC to (1) Approval to execute Memorandum of Understanding #LHZ237 between the State of Florida, Department of Children and Families and Monroe County in order to accept a three -year Implementation Grant in the amount of $749,469.00, and (2) approval of Memorandum of Understanding between the Monroe County Sheriffs Office and County regarding the Implementation Grant. PREVIOUS RELEVANT BOCC ACTION: February 16, 2011, the BOCC approved the Sheriffs request for approval of the MOU's for the Implementation Grant. CONTRACT /AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval. TOTAL COST: $749,469.00 INDIRECT COST: (grant amount) DIFFERENTIAL OF LOCAL PREFERENCE: n/a BUDGETED: Yes X No COST TO COUNTY: $0.00 (see In -Kind Match explanation under item background) SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year S306K APPROVED BY: County Atty f/ OMB /Purchasing _ Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SUMMARY Contract with: Monroe County Sheriff Effective Date: April 22, 2011 Expiration Date: 3 Year Grant Contract Purpose/Description: Need the Mayor's signature on the Criminal Justice Mental Health and Substance Abuse Reinvestment Grant / Application for Advance Funding. CJMHSA Grant and MOUs (DCF's MOU with County and the County's MOU with Monroe County Sheriffs Office were approved during the BOCC's Meeting of February 16, 2011. April 22, 2011 DCF executed the MOU agreement between DCF and Monroe County. Contract Manager: Tamara Snider 292 -7092 Monroe County Sheriffs Office (Name) (Ext.) (Department) for BOCC meeting on May 18, 2011 Agenda Deadline: May 3, 2011 CONTRACT COSTS Total Dollar Value of Contract: $749,823.00 Current Year Portion: $0.00 (starts next FY) Budgeted? Yes X No Account Codes: 12 -5- 06045 - S3 - --S 3o 3q Grant: $749,469.00 for 3 years ($249,823.00 per year) County Match: $0.00 NOTE: The In -Kind Match of $306,058.32 per year ($918,174.96 for 3 years) will be provided by Lower Keys Medical Center, 16 Judicial Circuit Drug Court/Court Administration, Florida Keys Outreach Coalition, Institute of Criminal Justice (CIT Training), and the Monroe County Sheriff Office. ADDITIONAL COSTS: $0.00 Estimated Ongoing Costs: $0.00 CONTRACT REVIEW County Attorney j Yes❑ No� Comments: OMB Form Revised 9/11/95 MCP #2 Changes Date Out Dipte In 1 Needed eviewer s Division Director 3131 Yes❑ NoEl Risk Management 5 s �_ l Yes❑ No[9 OMB /Purchasing Yes❑ Noff County Attorney j Yes❑ No� Comments: OMB Form Revised 9/11/95 MCP #2 :CRIMINAL �IUSTICE MENTAL; HEALTH AND SUBSTANCE ABUSE :FtEINVESTMENT.GRANT PROGRAM GRANTEE APPLICATION ADVANCE FUN A. GRANTEE INFORMATION Government Contact Lisa Tennyson _ _I Phone 305 292 - 4444 Grant.. ype: A enc Person y ( 1 Ntee Monroe County Board of MOU 469.00 � e Count DCF MOU # LHZ37 $749, y Commissioners Amt: Attn: Lisa Tennyson, Grants Administrator Address MOU Period to 1100 Simonton Street Key West, FL 33040 Grantee.FEID __I 596000749 B. ADVANCE.REQUEST Fiscal Year Amount Release Date Note To be ,823.00 This request. 2011 $249 J J determined. Subject to future Requested.advarice 2012 reporting obligations, schetlule,an[# paynnent availability of funds and amount DCF approval. Subject to future reporting obligations, 2013 availability of funds and DCF approval C. JUSTIFICATION Provide DETAILED explanation of why advance fundin is ne Monroe County is entering the first year of the 3 -year Criminal Justice, Mental Health and Substance Abuse 2010 Reinvestment Implementation Grant. This project was approved in compliance with the grant process specified in Section 394.656, Florida Statutes. This project is a county initiative to increase public safety, decrease recidivism as implement re -entry efforts, avert increased spending on criminal justice, and improve the accessibility and effectiveness of treatment services for adults and juveniles who have a substance abuse disorder, or co-occurring mental health and substance abuse disorders, and mental illness and who are in, or at risk of entering, the criminal or juvenile justice systems. This project is an expansion of Monroe County's activities and services to the target populations and requires a 100% County match. Under these circumstances, the Grantee does not have the capacity to undertake the grant supported costs of this project out of its own revenue. This advance request is equal to the first project year budget approved in the Monroe County's grant application and will give the Grantee the capacity to establish and maintain all grant- related activities without interruption. Attach documentation in support of this request such as audited financial statements identifying ali organizat assets, liabilities, etc. 1) An initial financial summary for the Monroe County project supported by these funds is attached. Approved 1 Detailed Budget can be found under the budget section on page 4. Explain how advanced funds are to be used The monroe county uriminai justice wavisory t ouncn wm unPICHIMIL <nC HU6L P"M06 01 LF1W IWIWIIIWW County Grant Memorandum of Understanding. Examples of service deliverables that Monroe County plans to accomplish with this grant are: • Create CIT Training for Law Enforcement, Develop CIT Teams to facilitate triage, assessment, referrals, and treatment - post booking and pre - booking for adults. • Develop specialty court docket for pre- booking on adult referrals. • Juvenile post - adjudication, identify /assess at risk and provide referral for family intervention treatment. Do,you plan >to make advance payments, using any portion of these funds, to subcontractors who are.other than not- far':.proff <corporatlons or governmental agencies? Yes ❑ No X If yes„ please . identify those corporations: I Will `advanced .funds be placed.in.interest bearing account(s) pending disbursement? Yes ® No ❑ (Please confirm interest will be deposited as indicated) Interest accrued on advanced funds is to be reported semi - annually to the Department. Interest earned on funds advanced in FY 2011 would be used to ap rtially offset the second advance disbursement of g rant fund a __nticip in FY 2012. J If no; please explain: _- -_ --- _-_i NIA D. HISTORY OF ADVANCE PAYMENTS C ADVANCES T J SFY QATE J 1 2011 $ AMOUNT $ EARNED L —1 J 2011 J LHZ37 $245,823.00_ �_ - - - - _ -- INTEREST $RETURNED This advance request. Please explain each instance where interest returned to the department is less than the interest earned: j Interest accrued under this MOU would be used to offset the 2nd year fund release for this program. Unspent funds and an unapp lied interest will be returned to the State upon ex of this MOU. E:. FUTURE; ADVANCES Please provide a brief:su nmary;of yout what. actions will: be taken ko minimize or eliminate the naari rp advances'frorrt:the denarf The Monroe County Board of County Commissioners and the Department of Children and Families anticipate second and third annual releases of funds for this program in Fiscal Years 2012 & 2013, in compliance with the grant award period established in section 394.656, F.S., and the terms of MOU LHZ37. Future funding is contingent on annual Legislative appropriations. Monroe County is solely responsible for securing any required fundin far ra'ect sustainability after April 21, 2014. _ __ F. CERTIFICATION h ®may ce -trfy that , l ,Dave rrerified =the:informatton:provided in this GRANTEE°APPLICATION FOR ADVANCE D ING tp,be accurate and,;compla and that it represents #he;mmimum amou (s) o meet tha.cash; needs; resulting from the DCF Memorandum. of Un' domtandmg far wtrch wadvance payrrrent is being requested: I further cdrtify.that,all'such`.funds; receirred in advance.will only be used: #or approved purposes in accordance with applicable fedeal; laws, , rules regulations, policies an&A emorandum of Understandlrig :#arms, SIGNATU --- ...__..� TITL DAT (When reviewed, please have the government official in Monroe County sign this Certification Form - DCF requesting Mayor's signature) _ FOR'DEPARTMENT USE ONLY THIS:SECTION TO" BE C:.bMPLETED BY THE Date Application GRANT MANAGER Received PRIOR CONTRACT :PERFORMANCE: Does the GRANTEE have a history of contracting with the Yes ❑ No ❑ If " yes "; Have there been any.instances of.unsatisfactory No performance? — } Yes ❑ ❑ _ - ._ -___ -- RECOMMENDATIONS f Da -Not Approve For Advance Funding. I Recommend For Advance Funding I i Please provide rationale` supporting your disa ',SIGNATURE, I TITLE DATE TH1 SECTION.TO'BE,COMPLETED BY CONTRACT ADMINISTRATION AND CONTRACT ADMIN16TRATION . BUDGET MANAGER Based on the Informabon prese!hied:in the above The subject budget appropnation 1. application; advance payments are ❑; are not ❑ is is not allowable pursuant to section 21.6.181, Florida authorized (GRANTS AND AIDS) for advance payment statutes. and sufficient funds arelare not available. S�grted — --- ._--_� 'Date Signed MONROE COUNTY ATTORNEY P PROVED AS TQ M. 'cz"_ . z NATILEENE ASSEL ASSISTANT COUNTY ATTORNEY 3 Date ' -- - -- - CRIMINAL JUSTICE MENTAL HEALTH AND SUBSTANCE ABUSE REINVESTMENT GRANT PROGRAM SUMMARY FINANCIAL REPORT County Monroe MOU# LHZ37 MOU Benin Date End Date County Grant Manager Lisa Tennyson Title and Agency Grants Administrator, Office of Management and Budget County Lead Agency Monroe County Grant Type Implementation Rep ort Pre eared B Lisa Tenn son Report Date initial Report Report Period: From Initial Re ort To: Initial Report CJI�lHi3A'Expare o!Y T1! CJMllil$A roved B et Grant Airvard2 Coup ° , Matcih Tatar DIRECT EXPENSES S iBttES ,. $315,000.00 $0.00 . , $315 Dot 00; 00' Bw9r%afits' $119,466.00 $0.00 E it , $0.00 $0.00 T�ve! $12,183.00 $0. $'121:83 Sci lip . $28,500-00 $0.00 4260 >013' RefaYfUtilitats: _ . .. $0.00 $0.00 <.: 00' C3th@f` " rtgeg $0.00 "$918,174.96 ;' 7f81,7496 i; SUBTOTAL DIRECT $475,149.00 $918,174.96 $1 38$ CONTRACTUAL EXPENSES Consul nt Fees..: $258,180.00 $0.00 $25$180:00 befits , $0.00 $0.00 $0.00 $0.00 0 . Tra of $12,360.00 $0.00 $12'380.00':. Sli $900.00 $0.00 F $90QU0 RertlUhlirti8i3. $0.00 $0 00 a0:. Qthe Haas $2,880.00 $0.00 SUBTOTAL CONTRACTUAL $274,320.00 $0.00 $27"4�3Z#1.OQ ADMINISTRATIVE $ $0.00 $0.00 ADMINISTRATIVE % 0.0% 0.0% s: TOTAL ALL COSTS $749,469.00 $918,174.96 STATE ADVANCES AND INTEREST CJMWS' Funds AdYainve' ,,: $249,823.00 Date f=unds - AdYanc:ec! This request. Ac i lrtterest on , dv ne $0.00 lriterost Accn , As Of,Date , (The "Total All Costs" line has been completed to show the Grant Award and County Match totals in accordance with the cover sheet of your approved grant, Please enter line Item detail amounts in the format shown, that equals these approved totals for your Grant Award and County Match.) 1 As approved in the county CJMHSA Memorandum of Understanding on file with the Department of Children and Families. 4 2 Grant funded expenses only as reported to the Department of Children and Families. 3 Grant funded expenses only as reported to the Department of Children and Families. (The expense amounts on this page can remain as zeros at this time.) * NOTE. The In -Kind Match does not fit into any categories on page 4, but the $306 058.32 per year Match ($916,174.96 for 3 years) will be provided by Lower Keys Medical Center, 16 Judicial Circuit Drug CourbCourt Administration, Florida Keys Outreach Coalition, Institute of Criminal Justice (CIT Training), and the Monroe County Sheriff Office. 5 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 16th day of February, 2011, by and between The Monroe County Board of County Commissioners, a political subdivision of the State of Florida, whose address is 1140 Simonton Street, Key West, Florida 33044, hereinafter referred to as "COUNTY," and The Monroe County Sheriffs Office, hereinafter referred to as "SHERIFF." WITNESSETH WHEREAS, on September 15, 2414, the Board of County Commissioners granted approval to the Sheriff to apply on behalf of the County for a three -year implementation grant from the Criminal Justice, mental Health and Substance Abuse Reinvestment Grant program being offered by the State of Florida, Department of Children and Families; and WHEREAS, the State of Florida, Department of Children and Families has awarded a Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant to the COUNTY to plan, implement, or expand initiatives that Increase public safety, avert increased spending on criminal justice, and improve the accessibility and effectiveness of treatment services for adults and juveniles who have mental illness, substance abuse disorder, or co- occurring mental health and substance abuse disorders and who are in, or at risk of entering, the criminal or juvenile justice system. WHEREAS, only a COUNTY or a consortium of counties within the State of Florida are eligible to receive funds under this grant program; and WHEREAS, the COUNTY is in need of an agency to implement this grant program as required by this grant; and WHEREAS, the SHERIFF is the sole provider of detention services in Monroe County and has the resources and expertise to implement this grant program; and WHEREAS, the COUNTY has the resources and expertise to provide administrative support for this grant program, NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and the SHERIFF agree as follows: 1, TERM - The term of this Agreement will begin upon the execution of the separate Memorandum of Understanding between the State of Florida,, Department of Children and Families and the COUNTY(Attachment A). The grant will run for (3) years unless terminated earlier as provided herein. 2. SERVICES — a) The SHERIFF will provide management and oversight of the grant as outlined in the COUNTY'S Mental Health, and Substance Abuse Reinvestment Grant Memorandum of Understanding with the State of Florida, attached and made a part hereof. The SHERIFF is responsible for implementing and ensuring compliance with all conditions of the grant. The SHERIFF will be responsible for ensuring compliance with the match funding requirement and for the accounting, tracking and documentation of match funds on a regular basis. The SHERIFF is 2010 -2013 Criminal Justice. Mental Health 6 Substance Abuse Rslmestment Grant Memorandum of Understanding between the Monroe County Sheriffs office and the Monroe County Board of County Commisslonem Page 1 of 4 responsible for completing semi - annual program reports and annual fiscal report in the format required, and for all providing all supporting documentation required for those reports. The SHERIFF is responsible for compliance with the requirements related to the Criminal Justice, Mental Health and Substance Abuse Council ( 'Council"), including ensuring the required composition of the council, the scheduling of Council meetings, and the retarding of minutes at Council meetings. The SHERIFF is responsible for providing data related to outcomes and performance measures and for providing that data and other information requested by the CJMHSA Grant Technical Assistance Center. b) The COUNTY will assist with BOCC and/or County Administration action, approvals, and /or agenda items related to the grant that are requested or required; will review and submit required reports to the STATE once completed by the SHERIFF; will attend Council meetings; and will assist with BOCC action /agenda items related to the Council or any actions requested by the Council that may require BOCC action /approval. 3. FUNDS - The total project budget to be expended by the COUNTY in performance of the services set forth in this agreement shall be the total sum of $1,667,643.96. The total sum represents grant support in the amount of $749,469 over three years ($249,823 per year); in -kind matching funds provided by the SHERIFF, Lower Keys Medical Center, and participating organizations, in the amount of $843,174.96 over three years (281,058.32 per year); and a cash match in the amount of $75,000 over three years ($25,000 per year) provided by The SHERIFF. All funds shall be distributed and expended in accordance with the terms of the grant agreement in Attachment A. 4. IMPLEMENTING AGENCY BOUND - The SHERIFF shall be bound by all laws, rules, and regulations relating to the COUNTY'S performance under the Criminal Justice Mental Health, and Substance Abuse Reinvestment Grant Memorandum of Understanding, and shall be bound by all the provisions of the documents, incorporated by reference, of this agreement. 5. INCORPORATION BY REFERENCE - The provisions of those certain documents entitled "Criminal Justice Mental Health, and Substance Abuse Reinvestment Grant Memorandum of Understanding" and all laws, rules and regulations relating thereto are incorporated by reference (Attachment A). 6, AGENCY RESPONSIBILITIES UNDER GRANT a) The COUNTY is the recipient of the grant and is bound by all of the terms and conditions. b) The SHERIFF will provide equipment and /or services as outlined In the COUNTY'S agreement with the State of Florida, Department of Children and Families, attached and made a part hereof, (Attachment A). c) The SHERIFF will retain ownership of the approved equipment and will maintain it on the Sheriff's inventory. 7. Billing and Payment a) The SHERIFF shall render to the COUNTY a monthly itemized invoice properly dated, describing the services rendered, the cost of the services, a documented accounting of match funds expended, and all other information required by the COUNTY for reimbursement. 2010.2013 Criminal Justice, Mental Health & Substance Abuse Reinvestment Grant Memorandum of Understanding between the Monroe County Sheritf s Office and the Monroe County Board of County Commissioners Page 2 of 4 b) Payment shall be made after review and approval by the COUNTY within thirty (30) days of receipt of the correct and proper invoice submitted by the SHERIFF. c) The SHERIFF shall render to the COUNTY semi - annual program reports and annual fiscal reports, each year, in the format required by the STATE, in timely fashion, and in accordance with the Grant Memorandum of Understanding, inclusive of all invoices, reimbursement payments, and documented match funds expended, properly dated, describing the services rendered, the cost of the services, and all other Information required by the STATE. d) The COUNTY shall render to the STATE the semi- annual program reports and annual fiscal reports completed by The SHERIFF, each year, in the format required by the STATE, In accordance with the Grant Memorandum of Understanding and all information required by the STATE for reimbursement. 8. TERMINATION - This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered to the other party. The COUNTY shall not be obligated to pay for any equipment ordered by the SHERIFF after the SHERIFF has received notice of termination. In the event there are any unused grant Funds, the SHERIFF shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs based upon the grant project budget as approved by the granting agency. 9. NOTICES - Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, and sent to: FOR COUNTY Monroe County Grants Administrator 1100 Simonton Street Key West, FL 33040 FOR PROVIDER Monroe County Sheriff Robert Peryam 5525 College Road Key West, FL 33040 Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. 10. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the State of Florida, Department of Children and Families cannot be obtained or cannot be continued at a level sufficient to allow for the services specified herein, this Agreement may then be terminated immediately, at the option of the COUNTY, by written notice of termination delivered in person or by mail to the SHERIFF at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the SHERIFF after the SHERIFF has received notice of termination. The COUNTY's obligation to reimburse the SHERIFF for incurred cost is subject to availability of grant funds. 11. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to this Agreement, the SHERIFF shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provision of, such services, including those now in effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State of Florida and Article 1 of the United States Constitution, which provide that no revenue of the state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect or religious denomination or in aid of any sectarian institution. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to the SHERIFF. If the SHERIFF receives notice of material breach, it will have thirty days in order to cure the material breach of 2010 -2013 Criminal Justice, Mental Health & Substance Abuse Reinvestment Grant Memorandum of Understanding between the Monroe county Shedfrs Office and the Monroe County Board of County Commissioners Pape 3 of 4 the contract. If, after thirty (30) days, the breach has not been cured, the contract will automatically be terminated. a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. 12. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall assign this Agreement or any interest under this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other. 13. ENTIRE AGREEMENT - It 4ti JESS WHEREOF, the parties to this Agreement have caused their names to be by the proper officers thereof for the purposes herein expressed at Monroe , on the day and year first written above. KOLHAGE, Clerk BOARD OF Cq1JNTY COMMISSIONERS OF MONRQV0JZUNf, FLORIDA By: F1 Deputy Cleric NTY SHERIFF'S OFFICE By: �- Title: 64- MONROE COU RIFFS OFFICE MONROE COUNTY ATTORNEY AP O S ORM: Y L. AL ASSIS NT COUNTY ATTORNEY Date 1- - O 2010 -2013 Criminal Jusboe, Mental Heaith & Substance Abuse Reinvestment Grant Memorandum or Understanding between the Monroe County Sheriirs office and the Monroe County Board of County Com rs missione F4RII� K J. IIIAeCIJI.WI ORAL OOUNREL DA : �I�P /t 1 �, Page 4 of 4 Approved 12/07/10 MEMORANDUM OF UNDERSTANDING for IMPLEMENTATION GRANT CRIMINAL JUSTICE, MENTAL HEALTH and SUBSTANCE ABUSE REINVESTMENT GRANT Monroe County Board of County Commissioner* and State of Florida Department of Children and Families WHEREAS, the Department of Children and Families (hereinafter Department) along with the Grant Review Committee has authority under section 394.658, F.S. to implement the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program (hereinafter Program), and WHEREAS, the Program provides funding to counties they can plan, implement, or expand initiatives that increase public safety, avert increased spending on criminal justice, and improve the accessibility and effectiveness of treatment services for adults and juveniles who have mental illness, substance abuse disorder, or co- occurring mental health and substance abuse disorders and who are in, or at risk of entering, the criminal or juvenile justice systems, and WHEREAS, per section 394.658, F.S., only a county or a consortium of counties are eligible to apply for the implementation grant, and WHEREAS, a county or a consortium of counties that received an Implementation/Expansion Grant under the 2007 solicitation of the Reinvestment are excluded from applying for the implementation grant. These counties were Alachua, Broward, Hillsborough, Lee, Leon, Orange, Pinellas, Palk, Miami, Nassau, and St. Lucie; and WHEREAS, -the Department has received a grant application from Monroe County in the 16th Judicial Circuit (hereinafter County) In response to the Request for Applications Issued by the Department on Aupuat 20, 2010, and WHEREAS, the Grant Review Committee has considered all. the applications submitted to the Department, and MOU#4#137 rn z -4 a WHEREAS, it appears to the Department that there is a need to provide the funds requested by the County's Implementation Grant Application, Approved 12/07/14 MOLT# G1 j ?A3 e/ . NOW, THEREFORE, the Department hereby awards the sum of $749,469 'to County over three years with $248,823 of that total grant amount being awarded beginning with state flscal year 2010 -2011 under the following germs and condlflons: 1. The application filed with the Department by the County dated October 4, 2010 and attached to this agreement as Attachment I is hereby incorporated within this agreement as if fully set out at length herein. The solicitation document upon which that application is based is also hereby incorporated within this agreement and is attached as Attachment II. 2. County hereby agrees to perform the tasks and to provide the services described in Attachment I with the following exceptions and /or special conditions: a. To conduct travel in accordance with the Departments travel guidelines as governed by Subsection 287.058(1)(b), F.S., and In accordance with section 112.081, F.S. See, the Department's travel policy, CFOP 40 -1 (Official Travel of DCF Employees and Non - Employees). b. Written approval from the Department must be obtained prior to purchasing ' any Information Technology Resource (ITR) with grant funds. The County agrees to secure prior written approval by means of an Information Resources Request (IRR) form before purchase of any ITR. The County agrees to comply with the Department's ITR policy, CFOP 50 -9, Policy on Information.Resource Requests. 3. County agrees that it will award sub - grants as described in its application and that it will do all things promised in that application including, but not limited to, supervising and coordinating expenditures made by sub - recipients. County further agrees to assure that funds are expended for the purposes intended and that a full aocounbng for these grants funds is made. 4. If there is a conflict between the grant application and this Memorandum of Understanding, the Grant Memorandum of Understanding shall prevail. 5. In accordance with sections 11.082 and 216,347, F.S., no funds provided by this grant may be expended for the purpose of lobbying the Legislature, the judicial branch, or a state agency. 6. This Grant Memorandum of Understanding is entered into in the State of Florida, and shall be construed, performed, and enforced in accordance with applicable Florida laws. In the event that litigation by either party to this Memorandum of Understanding becomes necessary, venue shall be proper only in Leon County, Florida, 7. County agrees to maintain complete, accurate and adequate records, including financial records, relating to funds received pursuant to this Grant Memorandum of Understanding and of all expenditures made by County and its sub - recipients with grant funds. The County will require audit and record keeping requirements in all sub - grants and assignments. Approved 12107/10 MOU # .za�d 7 8. County agrees to provide a financial and compliance audit to the Department as described in the Financial and Compliance Attachment (Attachment ill) and to ensure that all related party transactions are disclosed to the auditor. 9. County agrees to retain all financial records, supporting documents, statistical records and any other documents, whether kept by electronic storage media or otherwise, for a period of not less than six (B) years after the starting date of this Grant Memorandum of Understanding. If audit findings have not been resolved at the end of the six (B) year* peri od, the records shall be retained until resolution of the audit findings. State auditors and any persons authorized by the Department shall have full access to, and shall have the right to examine any materials at any time during regular business hours. 10. County agrees to provide data and other information requested by the CJMHSA Grant Technical Assistance Center (TAC) at the Louis de la Parte Florida Mental Health Institute of the University of South Florida to enable TAC to perform statutory duties established in the authorizing legislation. County agrees to submit semi- annual program reports on or before May 1 and November 1, annually to the Florida Department of Children and Families. County agrees to submit an annual fiscal report, signed by the County Administrator, on or before November 1 to the. Florida Department of Children and Families. The Department will provide County with templates and forms needed to file all required reports. 11. County agrees to be liable, to the extent provided by law, 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 Recipient, and its agents, sub - recipients and employees, during performance of the contracts authorized by this Grant Memorandum of Understanding. 13. County agrees to establish an informal dispute resolution process to resolve any disputes between the County and any sub - recipients or persons served with grant funds. 13. County and all sub- recipients shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by Monroe County 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 County. 14. County shall not use or disclose any information concerning a person served with grant funds under this Grant Memorandum of Understanding for any purpose prohibited by state law or regulations (except with the written consent of a person legally authorized to give that consent or when authorized by law). 16. County shall permit Department personnel or representatives to monitor the services that are provided by the County under this Grant Memorandum of Understanding. 16. County agrees to allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 118, F.S, made or received by County in conjunction with this Grant Memorandum of Understanding. Approved 12/07/10 mou# L 69-32 17. Payment under all state contracts is contingent upon an annual appropriation by the Florida Legislature, The release of these funds shall be subject to the availability of the funds at the Department. 18. Any notice required under this Grant Memorandum of Understanding 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. The notice shall be sent to the representative of County responsible for administration at the designated address contained in this Grant Memorandum of Understanding. 18. This Grant Memorandum of Understanding shall be effective on the date signed by both parties. It shall and at midnight, local time in Tallahassee, Florida, on June 30, 2013, or three years from the effective date, whichever is later. 20. The Department may terminate this Memorandum of Understanding with cause, without cause, or if funds are not available for payment. The Department may terminate this Grant Memorandum of Understanding by giving no less than twenty -four (24) hours notice in writing to County. The 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 availability and adequacy of state funds. In the event of termination, County will be compensated for any work satisfactorily completed prior to the effective date of termination. 21. County agrees to return to the Department any overpayments or funds disallowed after any audit. In the event that the County or its independent auditor discovers that an overpayment has been made. County shall repay the 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 County by letter of such findings. Should repayment not be made forthwith, County will be charged interest at the lawful rate on the outstanding balance. 22. In accordance with section 402.73(3), FS, If this grant includes funds for the purchase of or improvement to real property the provision of grant funds are contingent upon County granting to the state a security interest in the property in the amount of the state funds provided for at least five (5) years from the date of purchase or the completion of the improvements. As a condition of receipt of state funding for this purpose, County agrees that, if it disposes of the property before the Department's interest is satisfied, County will refund the proportionate share of the state's initial investment. 23. This Grant Memorandum of Understanding can be modified only by a formal, writteri agreement signed by the parties to it. Any modifications shall be attached to the original Grant Memorandum of Understanding and a copy shall be sent to all interested persons. Approved 12/07/10 24. Official Name of Payee and Representatives: a) Official name of payee and address where payment is to be sent: Monroe County Board of County Commissioners Attention: Lisa Tennyson, Grants Administrator 1100 Simonton Street Key West, FL 33040 Mou# X37 b) The name, address, telephone number, and email address of the Grant Manager for under this Grant Memorandum of Understanding is: Lisa Tennyson 1100 Simonton Street, Key West, FL 33040 (305) 2924444 tenn on -Ilea o roe : fl- ov c) The name, address, telephone number, and email address of the Procurement Manager under this Grant Memorandum of understanding is: Ellen Plekalklewlcz Department of Children and Families Office of the Assistant Secretary of Mental Health and Substance Abuse 1317 Winewood Boulevard, Building 1, Suite 208 F Tallahassee, Florida 32399 -0700 Phone: (860) 410 -1578 alien fstate.fl.us d) The name, address, telephone number, and email address of the Grant Manager for Department of Children -and Families under this Grant Memorandum of Understanding is: Jennifer Benghuzzl Department of Children and Families Substance Abuse and Mental Health Program Office Contract Management Unit 1317 Wlnewood Boulevard Building 6, Room 258 Tallahassee, Florida 32399 -0700 Phone: (860) 488.4284 jennift B i cf .fl 25. This Grant Memorandum of Understanding and its attachments and any exhibits referenced in the attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the parties. There are no provisions,. terms, Approved 12/07/10 Mou #,9.37 Understanding shall supersede all previous communications, representations, or agreements, either oral or written between the parties. If any term or provision of this Grant Memorandum of Understanding is determined unlawful or unenforceable, the remaining provisions of this Grant Memorandum -of Understanding shall remain in full force and effect 26. County agrees to comply with section 394.657, F.S., relating to the establishment of County planning councils or committees. Within 30 days of the effective date of'this Grant Memorandum of Understanding, County must provide the list of members of this council to the Grant Manager for the Department in accordance with Attachment IV. 27. County must comply with the Health Insurance Portability and Acoountabliity Act (42 U.S.C. 1320d.) as well as all regulations promulgated under that statute (See, 45 CFR Parts 160, 162, and 164). M0U # 1 -11;i X3 Approved 12/07/10 IN WITNESS HEREOF the parties have executed this 187 page Grant Memorandum of Understanding, including Attachments I, II, III and IV, by their undersigned officials. County : Signed By: Name: ' n@LrL'u Gr Date: Zeb=ary 6660 11 County Federal EID# 59-- 6000744 County Fiscal Year Ending Date. AU 20 * * * * * * * * * * * * * it * * * * * * * * * * 'k! STATE OF FLORIDA - DEPARTMENT OF CHILDREN AND FAMILIES Signed By: r Name: David A. Sofferin Title: Assistant Secretary for Substance Abuse and Mental Health ' Date: /_ �Z Z 1 Z -o/ I MO ROE COUNTY ATTORNEY p4AT S 0 ORM: THIA A ASST N COUNTY ATTORNEY [late