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1. 1st Year 05/18/2011 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: May,25, 2011 TO: Sheriff Robert P. Peryam Monroe County Sheriffs Office ATTN: Tamara Snider 4/5 Grants Administrator FROM: Isabel C. DeSanits, D.C. I At the May 18, 2011, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item J1 for the Mayor to sign the DCF Criminal Justice Mental Health and Substance Abuse Reinvestment Grant/Application for Advance Funding Enclosed are four duplicate originals of the above-mentioned, executed on behalf of Monroe.County, for your handling. Please be sure to return the fully executed "Monroe County Clerk's Office". Should you have any questions please do not hesitate to contact this office. Cc: County Attorney Finance File ved CRIMINAL JUSTICE MENTAL HEALTH AND SUBSTANCE ABUSE REINVESTMENT GRANT PROGRAM GRANTEE APPLICATION FOR ADVANCE FUNDING A. GRANTEE INFORMATION B. Fiscal Year 2011 Requested advance schedule and payment 2012 amount 2013 Lisa Tennyson Phone (305) 2924444 DCF MOU # LHZ37 I Amt _ $749,469.00 MOU Period 04/22120 to 04121/20' ADVAN REQUEST Amount Re lease Date $249,823.00 To be determined. Notes This request. Subject to future reporting obligations, availability of funds and _DCF approval. _ Subject to future reporting obligations, availability of funds and DCF approval. C. JUSTIFICATION J Provi D ETAILED ex planation of why advance funding is necessary I 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 in terrupti on. Attach documentation in support of this request such as audited financial statements identifying all organization assets, liabilities, etc. 1 Government Contact Grantee Type - Agency Perso Grantee Monroe County Board of Name J County Commissioners Attn: Lisa Tennyson, Grants Address Administrator 1100 Simonton Street Key West, FL 33040 Grantee FEID 596000749 B. Fiscal Year 2011 Requested advance schedule and payment 2012 amount 2013 Lisa Tennyson Phone (305) 2924444 DCF MOU # LHZ37 I Amt _ $749,469.00 MOU Period 04/22120 to 04121/20' ADVAN REQUEST Amount Re lease Date $249,823.00 To be determined. Notes This request. Subject to future reporting obligations, availability of funds and _DCF approval. _ Subject to future reporting obligations, availability of funds and DCF approval. C. JUSTIFICATION J Provi D ETAILED ex planation of why advance funding is necessary I 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 in terrupti on. Attach documentation in support of this request such as audited financial statements identifying all organization assets, liabilities, etc. 1 • 1)An initial financial summary for the Monroe County project supported by these funds is attached. Approved / Detailed Budget can be found under the budget section on page 4. Explain how advanced funds are to be used - The Monroe County Criminal Justice Advisory Council will implement the first phase of the Monroe 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-for-profit corporations or governmental agencies? Yes ❑ No X If yes, please identify those corporations: j 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 partially offset the second advance disbursement of grant funds anticipated in FY 2012. If no, please explain: N/A D. HISTORY OF ADVANCE PAYMENTS CASH ADVANCES I— _ INTEREST SFY DATE CONTRACT $ AMOUNT $ EARNED $ RETURNED 2011 I J LHZ37 I $249,823.00 1 _J This advance request. l I I I Please explain each instance where interest returned to the department is less than the interest earned: Interest accrued under this MOU would be used to offset the 2nd year fund release for this program. Unspent funds and any unapplied interest will be returned to the State upon expiration of this MOU. 2 E. FUTURE ADVANCES Please provide a brief summary of your plans showing what actions will be taken to minimize or eliminate the ' need for future advances from the department: 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 funding for project sustainability after April 21, 2014. F. CERTIFICATION hereby certify that I have verified the information provided in this GRANTEE APPLICATION FOR ADVANCE FUNDING to be accurate and complete and that it represents the minimum amount(s) to meet the cash needs resulting from the DCF Memorandum of Understanding for which this advance payment is being requested. I further certify that all such funds received in advance will only be used for approved purposes in accordance with applicable federal and state laws, rules, re lations, policies and Memorandum of Understanding terms and conditions. SIGNATURE l ce. LA-eK CQ.rrcyMersTITLE j'4 ya r DATE 5/8 // (When reviewed, please have the vernment official in Monroe Comity sign this Certification Form—DCF requesting Mayor's signature) - _ FOR DEPARTMENT USE ONLY THIS SECTION TO BE COMPLETED BY THE 1 Date Application GRANT MANAGER Received 0'S`ap k 1( PRIOR CONTRACT PERFORMANCE: Does the GRANTEE have a history of contracting with the= -71 department? r" Yes Er No ❑ o If"yes", have there been any instances of unsatisfactory performance? ' ';7s - i Yes Cl No Er -- co If"yes", please explain .-c L`' s rn RECOMMENDATIONS - :-i> w c � o Do Not Approve For Advance Funding. Recommend For Advance-.1 dii�tj � $ i Please provide rationale supporting your disapprovaVrecommendation.Qc,► QC)t 11 10311 D Qwa td ems—.. i ' a � c>. 0 - 051 L1( 11.34-":'bt-S-1GNAT E I TITLE I DATE THIS SECTION TO BE COMPLETED BY CONTRACT ADMINISTRATION AND BUDGET CONTRACT ADMINISTRATION BUDGET MANAGER Based on the information presented in the above The subject budget appropriation application, advance payments are ❑, are not ❑ is E, is not ❑ allowable pursuant to section 216.181, Florida authorized (GRANTS AND AIDS) for advance payment Statutes. and sufficient funds are/are not available. Signed Date ��T i--' -- .J CaoDate a 4h.. MONROE COUNTY AT RNEY A RO ED AST QflM: : . ill ,y - N ILEENE W. AS EL '', =.1 14 y ' NNY L. KOLHAGE, CLERK ASSISTANT 0 UN Y TTC N€Y s_ _j f 3 .oey�ou“T� w ate BY C. / darlt haa. dam' /a,--A, DEPUTY CLERK CRIMINAL JUSTICE MENTAL HEALTH AND SUBSTANCE ABUSE REINVESTMENT GRANT PROGRAM SUMMARY FINANCIAL REPORT County Monroe MOU# LHZ37 MOU Begin Date 04/22/2011 End Date 04/21/2014 County Grant Manager Lisa Tennyson Title and Agency Grants Administrator, Office of Management and Budget County Lead Agency Monroe County Grant Type Implementation Report Prepared By Lisa Tennyson Report Date Initial Report Report Period: From Initial Report To: Initial Report CJMHSA Expense Category Total CJMHSA Approved Budget Grant Award County Match Total DIRECT EXPENSES Salaries: $315,000.00 $0.00 $315,000.00 Fringe Benefits: $119,466.00 $0.00 $119,466.00 Equipment: $0.00 $0.00 $0.00 Travel: $12,183.00 $0.00 $12,183.00 Supplies: $28,500.00 $0.00 $28,500.00 Rent/Utilities: $0.00 $0.00 $0.00 Other Expenses: $0.00 $918,174.96 "$918,174.96 SUBTOTAL DIRECT $475,149.00 $918,174.96 $1,393,323.96 CONTRACTUAL EXPENSES Consultant Fees: $258,180.00 $0.00 $258,180.00 Fringe Benefits: $0.00 $0.00 $0.00 Equipment: $0.00 $0.00 $0.00 Travel: $12,360.00 $0.00 $12,360.00 Supplies: $900.00 $0.00 $900.00 Rent/Utilities: $0.00 $0.00 $0.00 Other Expenses: $2,880.00 $0.00 $2,880.00 SUBTOTAL CONTRACTUAL $274,320.00 $0.00 $274,320.00 ADMINISTRATIVE $ $0.00 $0.00 $0.00 ADMINISTRATIVE % 0.0% 0.0% 0.0% TOTAL ALL COSTS $749,469.00 $918,174.96 $1,667,643.96 STATE ADVANCES AND INTEREST CJMHSA Funds Advanced $249,823.00 Date Funds Advanced This request. Accrued Interest on Advances $0.00 Interest Accrued 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.) As approved in the county CJMHSA Memorandum of Understanding on file with the Department of Children and Families. 4 CJMHSA Expense Category CJMHSA Expenses CJMHSA Expenses CJMHSA Total This Period 2 Prior Periods3 Expenses to Date DIRECT EXPENSES Salaries: $0.00 $0.00 $0.00 Fringe Benefits: $0.00 $0.00 $0.00 Equipment: $0.00 $0.00 $0.00 Travel: $0.00 $0.00 $0.00 Supplies: $0.00 $0.00 $0.00 Rent/Utilities: $0.00 $0.00 $0.00 Other Expenses: $0.00 $0.00 $0.00 SUBTOTAL DIRECT $0.00 $0.00 $0.00 CONTRACTUAL EXPENSES Consultant Fees: $0.00 $0.00 $0.00 Fringe Benefits: $0.00 $0.00 $0.00 Equipment: $0.00 $0.00 $0.00 Travel: $0.00 $0.00 $0.00 Supplies: $0.00 $0.00 $0.00 Rent/Utilities: $0.00 $0.00 $0.00 Other Expenses: $0.00 $0.00 $0.00 SUBTOTAL CONTRACTUAL $0.00 $0.00 $0.00 ADMINISTRATIVE $ $0.00 $0.00 $0.00 ADMINISTRATIVE % 0.0% 0.0% 0.0% TOTAL ALL COSTS $0.00 $0.00 $0.00 STATE ADVANCES AND INTEREST CJMHSA Funds Advanced $0.00 Available Fund Balance $0.00 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 ($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. 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 1100 Simonton Street, Key West, Florida 33040, hereinafter referred to as "COUNTY," and The Monroe County Sheriffs Office, hereinafter referred to as"SHERIFF." WITNESSETH WHEREAS, on September 15, 2010, 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&Substance Abuse Reinvestment Grant Memorandum of Understanding between the Monroe County Sheriffs Office and the Monroe County Board of County Commissioners 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 recording 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). 8. 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 Sheriffs Coke 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. B. 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 FOR PROVIDER Monroe County Grants Administrator Monroe County Sheriff Robert Peryam 1100.Simonton Street 5525 College Road Key West, FL 33040 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 Hearth&Substance Abuse Reinvestment Grant Memorandum of Understanding between the Monroe County Sheriff's Office and the Monroe County Board of County Commissioners Page 3 of 4 . the contract. If, after thirty (30) days, the breach has not been cured, the contract will automatically be terminated. 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- 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. '' ' WITNESS WHEREOF, the parties to this Agreement have caused their names to be + bued ' o by the proper officers thereof for the purposes herein expressed at Monroe 6r1 , a, on the day and year first written above. \ • ,: 40i' .^`t� BOARD OF C NTY COMMISSIONERS NNY L. KOLHAGE, Clerk OF MONK C U , FLORIDA B . By: Deputy Clerk ay r/Chairman / M ROE EEJCOO NTY SHERIFF'S OFFICE � � By: P�er��/ /• etTitle: Cohwil Witness MONROE COD S OFFICE MONROE COUNTY ATTORNEY TO FORM: ' AP O ED PgSijO FORM: J. iU./ K J.McCULLAK YN NIA L. HALL COUNSEL ASSIS NT COUNTY ATTORNEY DA : //a/// Date /-92e-O0/l 2010-2013 Criminal Justice,Mental Health&Substance Abuse Reinvestment Grant Memorandum of Understanding Wyman wan the Monroe County Sheriffs Office and the Monroe County Board of County Commissioners Page 4 of 4 Approved 12/07/10 MOW/1ta'3,7 MEMORANDUM OF UNDERSTANDING for IMPLEMENTATION GRANT x CRIMINAL JUSTICE, MENTAL HEALTH and rn SUBSTANCE ABUSE REINVESTMENT GRANT z Monroe County Board of County Commissioners 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 394.858, 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, Steward, Hillsborough, Lee, Leon, Orange, Pinellas, Polk, 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 August 20, 2010, and WHEREAS, the Grant Review Committee has considered all the applications submitted to the Department, and WHEREAS, it appears to the Department that there is a need to provide the funds requested by the County's Implementation Grant Application, Approved 12/07/10 MOUH L1t2137 NOW, THEREFORE, the Department hereby awards the sum of$749,469 to County over three years with $249,823 of that total grant amount being awarded beginning with state fiscal year 2010-2011 under the following terms and conditions: 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 Department's travel guidelines as governed by Subsection 287.058(1)(6), F.S., and in accordance with section 112.081, F.S. See, the Departments 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 accounting 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. 8. 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. 2 Approved 12/07/10 Mona 411LZ37 8. County agrees to provide a financial and compliance audit to the Department as described in the Financial and Compliance Attachment (Attachment III) 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 (6) years after the starting date of this Grant Memorandum of Understanding. If audit findings have not been resolved at the end of the six(6) year period, the records shall be retained until resolution of the audit findings. State auditors and any persons 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 dominos, 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. 12. 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 119, F.S, made or received by County in conjunction with this Grant Memorandum of Understanding. 3 Approved 12/07/10 MOU# 14'fl37 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. 19. This Grant Memorandum of Understanding shall be effective on the date signed by both parties. It shall end 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), F.S, 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, written 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. 4 • Approved 12/07/10 MOUS inn 7 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 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 (906) 292-4444 tennvson-llsa(52monroscounty-fl.aov c) The name, address, telephone number, and email address of the Procurement Manager under this Grant Memorandum of Understanding is: Ellen Plekalkiewicz Department of Children and Families Office of the Assistant Secretary of Mental Health and Substance Abuse 1317 Winewood Boulevard, Building 1, Suite 206 F Tallahassee, Florida 32399-0700 Phone: (850)410-1678 ellen plekalkiswiczd?tdcfstate.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 Benghuzzi Department of Children and Families Substance Abuse and Mental Health Program Office Contract Management Unit 1317 Winewood Boulevard Building 6, Room 255 Tallahassee,Florida 32399-0700 Phone: (850)488-4284 Jennifer BenahuzzlTdcf.state.fl.us 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, terns, 5 Approved 12/07/10 Moua/M9 2z7 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 Accountability Act (42 U.S.C. 1320d.) as well as all regulations promulgated under that statute (See, 45 CFR Parts 180, 162, and 184). 6 Approved 12/07/10 Mouftai 237 IN WITNESS HEREOF the parties have executed this 187 page Grant Memorandum of Understanding, including Attachments I, II, Ill and IV, by their undersigned officials. County : Mo oe Coun Boa df u o_ , Commissioners Signed By: Name: Hey , •ere Date: ebruary er 20114 County Federal EID#: 59-6000749 ,. ..tr41ta L •.. ..er / t Ai County Fiscal Year Ending Date: 09 12011 t , ;4 _ w ay STATE OF FLORIDA- DEPARTMENT OF CHILDREN AND FAMILIES / ,/ Signed By: �/ • '9• 1"/ Name: David A. Sofferin /IVO Title: Assistant Secretary for Substance Abuse and Mental Health Date: 12 Z l Zo/ / MO ROE COUNTY ATTORNEY • PR 111:i.EDr O ORM: CYNTHIA ALL ASSI- ANT COUNTY ATTORNEY Date /-dH-cQed 7