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Resolution 269-2016RESOLUTION NO. 269 -2016 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE AGREEMENT BETWEEN MONROE COUNTY SHERIFF'S OFFICE AND DOMESTIC ABUSE SHELTER, INC. FOR FY 17 SHARED ASSET FO RFEITURE FUNDS WHEREAS, the Monroe County Shared Asset Forfeiture Fund (SAFF) was established in 1999, and the interest earned on the proceeds in the SAFF is distributed annually in the form of grants to eligible community groups based on recommendations of the SAFF Advisory Board; and WHEREAS, grant funds are to be used for one of the following purposes, 1) crime prevention, 2) drug abuse or prevention, 3) mental and physical health care for minors; and WHEREAS, in February 2016, Domestic Abuse Shelter, Inc. (DAS), a not - for - profit entity, submitted an application to the SAFF Advisory Board for a FY 2017 SAFF grant; and WHEREAS, under Section 2- 479(d) of the Monroe County Code, the County Administrator presents the recommendations of the SAFF Advisory Board to the Board of County Commissioners (BOCC); and WHEREAS, under Section 2- 479(f) of the Monroe County Code, for those items approved by the BOCC that require agreements with third party vendors, such agreements must be entered into between the vendors and the Sheriff, and the Sheriff "shall negotiate such agreement containing such terms as the Sheriff determines necessary ensure that the funds are properly spent on the items approved by the BOCC "; and WHEREAS, on May 3, 2016, the Florida Department of Children and Families ( "DCF ") issued an Emergency Suspension Order suspending DAS's certification as a domestic violence center and imposing certain conditions; and WHEREAS, DAS immediately began working on a corrective action plan to avoid complete revocation of its certification; and WHEREAS, at its July 20, 2016 meeting, the BOCC approved the award of SAFF funds to DAS, as recommended by the SAFF Advisory Board, but directed County staff to bring back an agreement with DAS to ensure that DAS would receive the award only after DAS's suspended certification as a domestic violence shelter within Monroe County had been restored, and further specifying that any funds awarded would only be used within Monroe County; and WHEREAS, DAS and MCSO have negotiated and executed an agreement to address the BOCC requirements, a copy of which is attached to this Resolution as Attachment A. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT 1. The attached Agreement between DAS and MCSO is hereby approved and ratified by the Monroe County Board of County Commissioners. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, this 19t day of October , 2016. Mayor Heather Carruthers Mayor Pro Tem George Neugent Commissioner Danny L. Kolhage Commissioner David Rice Commissioner Sylvia Murphy BOARD OF CO OF MONROE ( r6 COMMISSIONERS Carruthers MONROE COUNTY ATTORNEY A ROV AST OR NTHIA L..HALL Y ASSIS NT COUNTY ATTORNEY Date___.__._. -_�0 Mayor 2 ON r' C- . O rn : K -lx-- :n• N © C^ 00 .. ., O - MONROE COUNTY ATTORNEY A ROV AST OR NTHIA L..HALL Y ASSIS NT COUNTY ATTORNEY Date___.__._. -_�0 Mayor 2 Attachment A AGREEMENT BETWEEN MONROE COUNTY SHERIFF'S OFFICE AND DOMESTIC ABUSE SHELTER, INC. REGARDING THE GRANT OF MONIES FROM THE SHARED ASSET FORFEITURE FUND This agreement ( "Agreement ") is made and entered into between the Monroe County Sheriff's Office ( "Sheriff'), and the Domestic Abuse Shelter, Inc. ( "DAS "), through their undersigned authorities, effective September 14, 2016. RECITALS: WHEREAS, the Monroe County Shared Asset Forfeiture Fund (SAFF) was established in 1999, and the interest earned on the proceeds in the SAFF is distributed annually in the form of grants to eligible community groups based on recommendations of the SAFF Advisory Board; and WHEREAS, grant funds are to be used for one of the following purposes, 1) crime prevention, 2) drug abuse or prevention, 3) mental and physical health care for minors; and WHEREAS, in February 2016, DAS submitted an application to the SAFF Advisory Board; and WHEREAS, under Section 2- 479(d) of the Monroe County Code, the County Administrator presents the recommendations of the SAFF Advisory Board to the Board of County Commissioners (BOCC); and WHEREAS, under Section 2 -479(0 of the Monroe County Code, for those items approved by the BOCC that require agreements with third party vendors, such agreements must be entered into between the vendors and the Sheriff, and the Sheriff "shall negotiate such agreement containing such terms as the Sheriff determines necessary to ensure that the funds are properly spent on the items approved by the BOCC "; and WHEREAS, on May 3, 2016, the Florida Department of Children and Families ( "DCF ") issued an Emergency Suspension Order suspending DAS's certification as a domestic violence center and imposing certain conditions; and WHEREAS, DAS immediately began working on a corrective action plan to avoid complete revocation of its certification; and WHEREAS, at its July 20, 2016 meeting, the BOCC approved the award of SAFF funds to DAS, but only if DAS agreed to execute a grant agreement agreeing to receive the award only when certain terms and conditions had been met, namely, that DAS's suspended certification as a domestic violence shelter within Monroe County had been restored and any funds awarded would only be used within Monroe County; and Page 1 of 4 WHEREAS, it is in the best interest of the parties to clarify the terms of the conditional grant, and the obligations and rights of the parties thereto. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the Parties hereby agree as follows: The foregoing provisions are included as if fully set forth herein. 2. The Sheriff shall issue funds from the Sheriff's SAFF in the amount of $7,184.14 to DAS for the project(s) identified in DAS's 2016 SAFF application, on a reimbursement basis, when and if DAS's certification by DCF to operate as a domestic violence center in the State of Florida has been fully restored and DAS has provided adequate documentation of same. 3. Requests for reimbursement and all required supporting documentation for expenditures incurred between May 20, 2016 and September 30, 2016 must be received by the Sheriff no later than 5:00 P.M. on October 15, 2016 at 5525 College Road, Stock Island, FL 33040. Requests for reimbursement and all required supporting documentation for expenditures incurred between October 1, 2016 and March 31, 2017 must be received by the Sheriff no later than 5:00 P.M. on April 15, 2017 at 5525 College Road, Stock Island, FL 33040. 4. The Sheriff will not reimburse DAS for any expenditure request not in compliance with this agreement. 5. Any funds awarded to DAS pursuant to this agreement will be used by DAS for local interests only; no monies will be spent outside of Monroe County for any reason. This provision includes any business transactions by and between DAS and any third party providers. 6. DAS shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by Monroe County or the Clerk determines that monies paid to DAS pursuant to this Agreement were spent for purposes not authorized by this Agreement, the DAS shall immediately repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to DAS. In addition, if DAS is required to provide an audit as set forth in in Section 9(d) below, the audit shall be prepared by an independent certified public accountant (CPA) with a current license, in good standing with the Florida State Board of Accountancy, and who maintains malpractice insurance covering the audit services provided. If the DAS receives $100,000 or more in grant funding from the Sheriff, the CPA must also be a member of the American Institute of Certified Public Accountant (AICPA). The Sheriff and Monroe County shall be considered an "intended recipient" of said audit. 7. DAS shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by DAS in conjunction with this Agreement; and the Page 2 of 4 Sheriff shall have the right to unilaterally cancel this Agreement upon violation of this provision by DAS. 8. DAS must furnish to the Sheriff the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination and GUIDESTAR printout indicating current 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend 5150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended /taken; (e) Copy of a filed IRS Form 990 from most recent fiscal year with all attached schedules; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant; (i) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved; (j) Cooperation with monitoring visits that the Sheriff may request during the contract year; and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County or the Sheriff may request during the contract year. 9. DAS will also comply with all of the terms and conditions set forth in the Sheriff's 2016 SAFF application form, DAS's SAFF application, and the Sheriff's award letter, copies of which are attached hereto and incorporated herewith. 10. The signatories below warrant that they have each received the requisite corporate authority to execute this agreement. 11. The Sheriff may refuse to pay for any item or project that he believes would be in violation of the law. Signature page follows: Page 3 of 4 IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed by their respective authorized representatives. For Sheriff For Domestic Shelter helt ' BY: BY: Printed Name: Printed Name: -e Title: Title: Date: Date: Page 4 of 4