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1996-97 Agreement 11/12/1996 fir •annp I. toljagt BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 8BB20 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070 TEL.(305)289- 027 KEY WEST,FLORIDA 33040 TEL(305)852-7145 FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146 FAX(305)295-3660 MEMORANDUM TO: James Roberts, County Administrator Attn: Dee Lloyd, Grants Manager FROM: Isabel C.DeSantis,//11 pp Deputy Clerk V. C S . , DATE: November 22, 1996 As you know,at the Board meeting of November 12, 1996,the Board granted approval and authorized execution of a Grant-In-Aid Agreement from the Office of State Courts Administrator to provide anger management/conflict resolution services for youth. Attached hereto are three duplicate originals of the subject Agreement executed by Monroe County. It is my understanding that your office will follow-through in obtaining the Office of the State Courts Administrator signature. Please be sure that a fully executed copy is returned to me as quickly a possible. Should you have any questions concerning this matter,please do not hesitate to call. cc: County Attorney Finance File Grant-In-Aid Agreement Monroe County Board of County Commissioners This Agreement is made between the Office of the State Courts Administrator(the "OSCA") and the Monroe County Board of County Commissioners(the "Grantee"). on behalf of the Circuit Court in and for the Sixteenth Judicial Circuit (the "Grant Manager"), on the 1st day of September. 1996. The parties agree that: A. The OSCA will pay the grantee$9,540.00 as a grant-in-aid provided from the ADR Mediation/Arbitration Trust Fund to establish anger management/conflict resolution services for at-risk youth in middle and high schools of the Sixteenth Judicial Circuit. After receipt of the Grantee's requisition for release of grant funds, the OSCA will make a lump sum advance payment to the Grantee according to the following schedule: Twenty-five (25%) percent ($2,385.00) will be released on or before October 15, 1996, and 2. Seventy-five (75%)percent($7.155.00)will be released upon approval by the Office of the Comptroller. B. The Grant Manager will use grant monies provided under this Agreement to contract with professional trainers to train not less than ninety (90)youth in anger management/conflict resolution. I. The Trial Court Administrator, on behalf of the Grant Manager, will submit reports on grant funded activities as follows: the first on or before February 2S, 1997; and final on June 30, 1997, according to the reporting requirement and formats provided by the OSCA. Specifically, data provided to the OSCA by the Court Administrator will include the number of trainers provided; and the number of youth successfully trained. 2. The Grantee and the Grant Manager will participate in a qualitative evaluation prior to the conclusion of the grant. The OSCA, pursuant to this grant-in-aid agreement, may survey judges,the court administrator and court administrative staff, and those who provide the training to assess their perceptions of the effectiveness of the program. 3. The Grantee will use grant monies only for the purpose of funding the training program for youth in anger management/conflict resolution and associated training materials. The Grantee and the Grant Manager will comply with the provisions of Section 216.347, Florida Statutes. Grant Funds will not be used for the purpose of lobbying the Florida Legislature,the judicial branch, or a state agency. I of3 C. This Agreement is subject to the following terms and conditions: I. The Grantee will maintain proper documentation of all monies spent in the manner sufficient for proper pre-audit and post-audit thereof The Grantee will maintain all programmatic and expenditure records for a period of four years following the conclusion of this Agreement. 2. 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 ADR Mediation/Arbitration Trust Fund no later than September 30, 1997. 3. All records made or received by the Grantee in conjunction with this project will he maintained according to the provisions of Rule 2.051. Rules of Judicial Administration. 4. All purchases of services will be made in a manner consistent with Monroe County Purchasing Policies. In the absence of written county policies, expenditures for services shall be made as provided in the State Courts System Purchasing Directives. 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. 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. 7. If. in the judgement of the OSCA, the Grantee for any reason fails to comply with the terms of this Grant-In-Aid Agreement. the OSCA shall have the right to terminate this Agreement on five (5)days written notice by certified mail. In the event of termination,the Grantee shall return all grant funds received to the OSCA for reversion to the ADR Mediation/Arbitration Trust Fund. 2 of 3 • ' This Agreement constitutes the entire understanding oldie panics. All modification to the Agreement must he in wrning. This Agreement shall heeomc eliectice on the date of execution as specified above and shall terminate on June 30. 1997. FLORIDA SUPREME COURT. OFFICE OF GRANTEE • THE STATE COURTS ADMINISTRATOR • 42'/ Kenneth R. Palmer ISMnature) State Courts Administrator (Name. Title) Board of County Commissioners • Monroe County GRANT MANAGER Chief Judge ,�sco xtecnth Judicial Circuit f A tta \ APPROVED AS TO F (SEAL) F���F�fy y�y�J�/1� CLERK AN G2191 V� ( • ATT /ST: DANN L. yKOLHAG , RORERT�N. W f BY - c-V,9LC. I�(JVf/�'•`^"1 DATE /! - /3 9 ' DEPUTY CLERK ✓ l� Id 94 • imnin 1` nut \a\Ir \IRACEADR V iiI.0a.hi% 1of i • "ATTACH'tENT A" ATTENTION VENDOR Pursuant to Section 215.422 (5), Florida Statutes, you are advised of your rights and the state's obligations regarding payment of invoices. 215.422 Warrants, vouchers, and invoices; days without regard to the actual number of calen- 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 fide 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 and Finance 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 -- nevertheless be deemed timely filed. The 20-day (3)(b) If a warrant in payment of an invoice is not filing requirement may be waived in whole or in issued within 40 days after receipt of the invoice and receipt, inspection, and approval of the goods part by the Department of Banking and Finance and services, the agency shall pay to the vendor, on a showing of exceptional circumstances in ac- in addition to the amount of the invoice, interest cordance with rules and regulations of the depart- at a rate of 1 percent per month calculated on a ment. For the purposes of determining the receipt daily basis on the unpaid balance from the expira- of invoice date, the agency is deemed to receive an tion of such 40-day period until such time as the invoice on the date on which a proper invoice is warrant is issued to the vendor. Such interest first received at the place designated by the agen- shall be added to the invoice at the time of eubmis- cy. The agency is deemed to receive an invoice on sion to the Comptroller for payment whenever the date of the invoice if the agency has failed to possible. If addition of the interest penalty is not Annotate the invoice with the date of receipt at the possible,the agency shall pay the interest penalty time the agency actually received the invoice or within 15 days after issuing the warrant. The failed at the time the order is placed or contract provisions of this paragraph apply only to un- made to designate a specific location to which the invoice 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 milted 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 subset- 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 of the error. The provisions of this paragraph do not apply whan 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. (3)(c)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- lid payments in the same manner as they apply to full payments. A vendor ombudsman has been established within the Department of Banking and 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 Comptrollers Hotline, 1-800-848-3792.