1. 1st Amendment 08/17/2011AMENDME Ost AMENDMENT) TO MEMORANDUM OF UNDERSTANDING
REGARDING CRIMINAL JUSTICE MENTAL HEALTH AND SUBSTANCE ABUSE
REINVESTMENT GRANT PROGRAM
3 '
THIS FIRST AMENDMENT to the Memorandum of Understanding (MOU) dated the day ofd
2011, is entered into by and between the Board of County Commissioners (BOCC) for Monroe County and the
State of Florida Department of Children and Families (DCF) (collectively, the Parties).
WHEREAS, on February 16, 2011, after approval by the BOCC, the Mayor of Monroe County Board of
County Commissioners executed a Memorandum of Understanding for Criminal Justice, Mental Health and
Substance Abuse Services to be provided by the Monroe County Sheriff's Office under a grant (Implementation
Grant); and
WHEREAS, on April 22, 2011, DCF signed the MOU for the Implementation Grant; and
WHEREAS, subsequently, on May 17, 2011, DCF notified the Monroe County Sheriff's Office that it
desired to make several small changes in the wording of the MOU;
NOW, THEREFORE, in consideration of the mutual covenants contained herein the Parties agree to the
amended agreement as follows:
1. Page 3, paragraph 11, Page 5 paragraph 24 (c), and Page 5 paragraph 24(d) of the MOU are revised as
shown on Attachment A hereto. Each of the paragraphs shall be initialed by the Mayor in addition to execution of
this Amendment.
ng provisions of the MOU dated April 22, 2011, shall remain in full force and effect.
WHEREOF, the parties have set their hands and seal on the day and year first above
Board of Cgunty Commissioners
4hage, Clerk of MonroeAoynt r ,
Deputy Clerk May /Chair an
(CORPORATE SEAL) D 4. � ZO
Attest:
By.
Secretary
Print Name
Date:
MONROE COUNT ATF O
A ROV D A
YNTHIA L. BALL
ASS
Date A NT OU TY ATTORNEY
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Department of Children and Families
Signed By:
Name: David A. Sofferin
Title: Assistant Secretary for Substance
Abuse and Mental Health
Date:
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Children S FamWes
State of Florida Rick Scott
Governor
Department of Children and Families
.4-1 David E. Wilkins
Secretary
May 17, 2011
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Lisa Tennyson *0
Grants Grants Administrator— Monroe County
1100 Simonton Street
Key West, FL 33040
Dear Ms. Tennyson:
Re: MOU #LHZ37-- Criminal Justice Mental Health Substance Abuse Reinvestment Grant
Program (Monroe County — Implementation)
Dear Ms. Tennyson:
A correction is needed on page 3, item #11, and page 5, Items #24.c) and #24.d), of Monroe
County's Memorandum of Understanding (MOU). Enclosed are two copies of each page
reflecting the changes. Ms. Heather Carruthers, District Three /Mayor, Monroe County Board of
County Commissioners, will need to initial and date the changes on both copies. Please mail all
the initialed and dated pages to me and I will get them initialed and dated by our Department
official and mail an original copy back to you. Please let me know if you have any questions.
Respectfully,
v J
Jennifer Benghuzzi
Grant Manager
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1317 Winewood Boulevard, Tallahassee, Florida 32399 -0700
Mission: Protect the Vulnerable, Promote Strong and Economically Self- Sufficient Families, and
Advance Personal and Family Recovery and Resiliency
Approved 12/07/10
MOU#
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
parry 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
damages, including court costs and attorney's fees, arising out of the negligent or intent, mbp
acts or omissions of the FlesipieRtCounty, and its agents, sub - recipients and emplo vl
during performance of the contracts authorized by this Grant Memorandum of Understand
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).
15. 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.
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#
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) 292 -4444
tennvson -I Ise 0 monroecounty- fl.gov
c) The name, address, telephone number, and email address of the Procurement Manager
under this Grant Memorandum of Understanding is:
Ellen Piekalkiewicz
Department of Children and Families
Office of the Assistant Secretary of Mental Wealth and Sub8t8Rce Abuse for
Substance Abuse and Mental Health
1317 Winewood Boulevard, Building 1, Suite 206 F
Tallahassee, Florida 32399 -0700
Phone: (86 850) 717 -4623
ellen eiekalkiewicz@dcf.state.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 Winewood Boulevard
Building 6, Room 255
Tallahassee, Florida 32399 -0700
Phone: (960) 488- 42844850) 717 -4348 '
Jennifer Benahuzzi @dcf.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
Approved 12/07/10
MEMORANDUM OF UNDERSTANDING
for
IMPLEMENTATION GRANT
CRIMINAL JUSTICE, MENTAL HEALTH and
SUBSTANCE ABUSE REINVESTMENT GRANT
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 394.656, F.S. to implement the Criminal
Justice, Mental Health and Substance Abuse Reinvestment Grant Program (hereinafter
Program), and
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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, 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
MOU #
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
MoU# L #4J 3
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 11.
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)(b), F.S., and in accordance with section 112.061, 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 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.
6. In accordance with sections 11.062 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 12/07 /10
Mm L� 7
8. County agrees to provide a financial and compliance audit to the Department as described
in the Financial and Compliance Attachment (Attachment lil) 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 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.
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.
Approved 12/07/10
MOU# 1 /{JU
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.
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# L 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) 292 -4444
tennvson -lisa monroscounty- fl -nov
c) The name, address, telephone number, and email address of the Procurement Manager
under this Grant Memorandum of Understanding is:
Ellen Plekaiklewicz
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 -1576
ellen giekalklewicz0gicf.state.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) 4884284
Jennifer Bona huzzli aLdcf.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,. terms,
Approved 12/07/10
MOU# L/{2z3 7
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
160, 162, and 164).
Approved 12/07/10
MOU!# 1-#:L''d3 7
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:
Date rebruary(y6, 2011
County Federal ElD#: 59- 6000749
County Fiscal Year Ending Date: 09 / 201
* wwwwwww, rw** *ww * *+vw *wwww *w *w * * *ww�r+r *ww+r
STATE OF FLORIDA - DEPARTMENT OF CHILDREN AND FAMILIES
Signed By:
Name: David A. Sofferin
Title: Assistant Secretary for Substance Abuse and Mental
Health
Date: 1 Z Z/ Z a//
MO ROE COUNTY ATTORNEY
PRO ED 4.HAL
0 ORM:
CYNTHIA
ASST ANT COUNTY ATTORNEY
Date J-aB --
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