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1996 Appropriations 07/01/1996 4 Grant-in-Aid Agreement for Court Reporting Services to the Sixteenth Judicial Circuit, Monroe County This Agreement is made between the Office of the State Courts Administrator(the "OSCA")and the Monroe County Clerk of the Court ("Grantee"), on behalf of the Sixteenth Judicial Circuit(the "Grant Manager"),on the 1st day of July, 1996. The parties agree that: A. The OSCA will pay the Grantee $34,053.67 as a grant-in-aid provided pursuant to Specific Appropriation 2072 of the 1996 General Appropriations Act to support the delivery of court reporting services at public expense in Monroe County. After receipt of the Grantee's requisition for release of grant funds,the OSCA will release the funds to the Grantee on a quarterly basis according to the following schedule: • 1. For the first quarter, $6,810.73 will be released on or before July 20, 1996, and $1,702.68 will be released on or before August 15, 1996, • 2. For the second quarter, $8,513.42 will be released on or before October 15, 1996, 3. For the third quarter, $8,513.42 will be released on or before January 15, 1997, 4. For the fourth quarter, $8,513.42 will be released on or before April 15, 1997. B. The Grantee will use grant monies provided under this Agreement to assist in the payment of costs associated with the provision of court reporting services in Monroe County at public expense. Costs that may be covered with grant monies include, but are not limited to, salaries, benefits, contractual services, equipment, and other court reporting expenses. 1. The Grantee will expend grant monies in a manner consistent with the Sixteenth Judicial Circuit's Court Reporting Plan, required under Rule 2.070, Rules of Judicial Administration,which was developed and implemented October 1, 1995. 2. The Grantee will submit a written requisition to the OSCA for the quarterly releases of grant funds no later than July 10, 1996, September 10, 1996, December 10, 1996, and March 10, 1997. 3. The Grantee will encumber all grant funds provided under this Agreement by June 30, 1997. The Grantee will return any unexpended portion of the grant funds, along with any interest accrued thereon, to the OSCA for reversion to the General Revenue Fund unallocated on or before September 15, 1997. 4. The Grantee will comply with the provisions of Section 216.347,Florida Statutes. The Grantee will not use any portion of grant funds for the purpose of lobbying the Florida Legislature, the judicial branch, or a state agency' C. This Agreement is subject to the following terms and conditions: 1 of 2 I. The Grantee will maintain proper documentation of all monies spent in a manner sufficient for proper pre-audit and post-audit thereof. The Grantee will maintain all expenditure records for a period of four(4)years following the conclusion of this Agreement. 2. All records made or received by the Grantee in conjunction with this Agreement will be maintained according to the provisions of Rule 2.051, Rules of Judicial Administration. 3. The Grantee will make all purchases and_expenditures in accordance with Monroc County's purchasing rules. 4. Grant funds will be released in a manner consistent with the requirements of Section 215.422 (5), Florida Statutes, which is incorporated into this Agreement as Attachment A. The parties have read the attachment and understand their respective rights and obligations, as provided therein. 5. The Grantee will have an audit performed in accordance with the rules of the Auditor General or have a statement prepared by an independent Certified Public Accountant which attests that the Grantee has complied with the provisions of the Grant Agreement. 6. The Grantee will hold title to any equipment purchased with grant funds. 7. If. in the judgment of the OSCA, the Grantee for any mason fails to comply with the terms of this Grant-in-Aid Agreement,the OSCA will have the right to terminate this Agreement on five(5)days written notice by certified mail. In the event of termination, the Grantee will return all grant funds received to the OSCA for reversion into the General Revenue Fund unallocated. This Agreement constitutes the entire understanding of the parties. All modifications to the Agreement must be in wilting. This Agreement is effective on the date of execution as specified above and shall terminate on June 30, 1997. FLORIDA SUPREME COURT, OFFICE OF GRANTEE E STATE COURTS ADMINISTRATOR400 / Kenneth R. Palmer si t 'e) State Courts Administrator (title) Clerk of Court � Monroe County, Florida Chief Judge, Sixteenth Judie. Circuit roman D(X'UMEN1\CONIRACTOSCA\MONROE.796 2 of 2 ATTACHMENT "A" ATTENTION VENDOR Pursuant to Section 215.422 (5),Florida Statutes, you are advised of your rights and the state's ,bligations regarding payment of invoices. 215.422 Warrants, vouchers, and invoices; days without regard to the actual number ofcalen- processing time limits; dispute resolution dar days. For purposes of this section, a payment agency compliance.— is deemed to be issued on the first working day (1)The voucher authorizing payment of an invoice that payment is available for delivery or mailing submitted to an agency of the state, required by to the vendor. law to be filed with the Comptroller, shall be filed (3)(a) Each agency of the state which is required with the Comptroller not later than 20 days after by law to file vouchers with the Comptroller shall receipt of the invoice and the receipt, inspection, keep a record of the date of receipt of the invoice, and approval of the goods or services, except that dates of receipt, inspection, and approval of the in the case of a bona Me dispute the voucher shall goods or services,date of filing of the voucher,and contain a statement of the dispute and authorize date of issuance of the warrant in payment there• payment only in the amount not disputed. Ap- of. If the voucher is not filed or the warrant is not proval and inspection of goods or services shall issued within the time required,an explanation in take no longer than five working days unless the writing by the agency head shall be submitted to bid specifications, purchase order, or contract the Department of Banking andFinance in a man- specifies otherwise. If a voucher filed within the ner prescribed by it. Agencies shall continue to 20-day period is returned by the Department of deliver or mail state payments promptly. Banking and Finance because of an error, it shall (3)(b) If a warrant in payment of an invoice is not nevertheless be deemed timely filed. The 20-day issued within 40 days after receipt of the invoice filing requirement may be waived in whole or in and receipt, inspection, and approval of the goods part by the Department of Banking and Finance circumstances in ac- and services, the agency shall pay to the vendor, on a showing of exceptional cordance with rules and regulations of the depart- in addition to the amount of the invoice, interest at a rate of 1 percent per month calculated on a ment. For the purposes of determining the receipt of invoice date,the agency is deemed to receive an daily basis on the unpaid balance from the expire- invoice on the date on which a proper invoice is tion of such 40•day period until such time as the first received at the place designated by the agen- warrant is issued to the vendor. Such interest cy. The agency is deemed to receive an invoice ons shall be added to the invoice at the time of whenever date of the invoice if the agency has failed to posen to the Comptroller for payment whenever annotate the invoice with the date of receipt at the possible. If addition of the interest penalty is not time the agency actually received the invoice or possible,the agency shall pay the interest penalty failed at the time the order is placed or contract "'Rhin 15 days after issuing the warrant. The made to designate a specific location to which the provisions of this paragraph apply only to un- iavoice must be delivered. disputed amounts for which payment has been authorized. Disputes shall be resolved in accord- (2) The warrant in payment of an invoice sub- ance with rules adopted by the Department of mitted to an agency of the state shall be issued not Banking and Finance or in a formal administra• later than 10 days after filing of the voucher tive proceeding before a hearing officer of the authorizing payment. However, this requirement division of Administrative Hearings, provided may be waived in whole or in part by the Depart- that, for the purposes of s.120.57(1), no party to a ment of Banking and Finance on a showing of dispute involving less than $1,000 in interest exceptional circumstances in accordance with penalties shall be deemed to be substantially af- rules and regulations of the department. If the fected by the dispute or to have a substantial 10-day period contains fewer than six working interest in the decision resolving the dispute. In days, the Department of Banking and Finance the case of an error on the part of the vendor, the shall be deemed in compliance with this subsea- 40-day period shall begin to run upon receipt by tion if the warrant is issued within six working the agency of a corrected invoice or other remedy a of the error. The provisions of this paragraph do not apply when the filing requirement under sub- section (1)or (2)has been waived in whole by the Department of Banking and Finance.The various state agencies shall be responsible for initiation of the penalty payments required by this subsection and shall use this subsection as authority to make such payments. The budget request submitted to the Legislature shall specifically disclose the amount of any interest paid by any agency pur- suant to this subsection. The temporary un- availability of funds to make a timely payment due for goods or services does not relieve an agency from the obligation to pay interest penalties under this section. (3Xc) An agency may make partial payments to a contractor upon partial delivery of goods or ser- vices or upon partial completion of construction when a request for such partial payment is made by the contractor and approved by the agency. Provisions of this section and rules of the Depart- ment of Banking and Finance shall apply to par- tial payments in the same manner as they apply to full payments. _.. --A-v-endor ombudsman has been established within the Department of Banking encl.-Finance. The duties of this individual include acting as an ad- vocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency.The vendor ombudsman may be con- tacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792.