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HomeMy WebLinkAbout1985-0760 RESOLUTION NO. 85 - 76 A RESOLUTION AUTHORIZING AND DIRECTING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER ® COUNTY, FLORIDA, TO SIGN AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS UNDER THE FLORIDA FINANCIAL ASSISTANCE FOR COMMUNITY SERVICES ACT. i IT IS HEREBY RESOLVED BY THE COUNTY OF INDIAN RIVER, FLORIDA, AS FOLLOWS: • Section I That the Chairman is hereby authorized and directed to sign in the name and on behalf of the Board of County Commissioners an Agreement between the Florida Department of Community Affairs and Indian River County, under the Florida Financial Assistance for Community Services Act, as per copy attached hereto and made part hereof. Section II That all funds necessary to meet the contract obligations of the County and its delegate agencies (if applicable) with the Department have been appropriated, and said funds are unexpended and unencumbered and are available for payment as prescribed in the contract.. The County shall be responsible for the funds for the local share notwithstanding the fact that all or part of the local s;iare is to be met or contributed by other sources, i.e., contributions, other agencies or organization funds. PASSED AND ADOPTED THE 17th DAY OF JULY 1985. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY C Dori C. Scur ock, Jr. Vice Chairman I � ATTEST: Fre a Wright, Cle Approve as o fo an leJ 1 suffice v // BY Brandenburg Attorney 86ST-85-10-40-01-058 Contract No. To Be Assigned By Department COMMUNITY SERVICES TRUST FUND (CSTF) AWARD AGREEMENT THIS AGREEMENT is entered by and between the State of Florida Department of Community Affairs (hereinafter referred to as the Department), with headquarters in Tallahassee, Florida and Indian River County Board of County Commissioners (hereinafter referred to as the Grantee). THIS AGREEMENT/CONTRACT IS ENTERED BASED ON THE FOLLOWING FACTS: The Department, in furtherance of its duties under Sections 409.501 through 409.506, Florida Statutes, has determined that the Grantee has applied and qualifies for a grant under the Florida Financial Assistance for Community Services Act. NOW, THEREFORE, the Department and the Grantee do mutually agree as follows: (1) SCOPE O' WORK The Grantee shall furnish the necessary personnel, materials, services and facilities (except as otherwise provided hereir), and shall otherwise do all things necessary for or incident to the performance of work as set forth in the Grantee's Community Services Trust Fund Application, attached hereto and incorporated by this reference as Attachment A. (2) INCORPORATION OF LAWS, RULES, AND REGULATIONS Both the Grantee and the Department shall be governed by applicable laws and rules, including but not limited to: Sections 409.501 through 409.506, Florida Statutes, and Rule 9C-2, Florida Administrative Code. (3) FUNDING (a) The Department agrees to pay the Grantee for costs incurred in compliance with this Agreement up to the total sum of $ 6,648.00 for the twelve month period beginning October 1, 1985 and ending September 30, 1986. (b) The Grantee shall match the CSTF funds identified in Clause (3)(a) by an amount of at least one hundred percent (1008) of the funds received. Not less than fifty percent (508) of the required match shall be in cash. In-kind match sources may absorb the balance of the overall one hundred percent (1008) match requirement. (c) The Grantee shall provide as matching funds for services under this Agreement the following amounts: $ 3,324.00 CASH $ 3.324.00 IN-KIND (d) Sources of matching funds and expenditures for all funds under this Agreement shall be governed by the CSTF Application in Attachment A of this Agreement. No federal funds, except federal revenue sharing funds, may be used in part or in whole to meet the match requirements. (e) Contingent upon Grantee's performance of services and submission of timely reports required by Rule 9C-2, Florida Administrative Code, said funds will be paid by the Department in quarterly amounts, provided the Grantee has no delinquent CSTF audits or reports outstanding from prior years and has complied in full with Articles 7 and 9 under this Agreement. For purposes of this Agreement, the quarters will begin on October 1, January 1, April 1, and July 1. (f) Compensation is further contingent upon availability of funds from the Community Services Trust Fund created by Section 409.504, F.S. Page 1 of 6 (g) Provision of funding under this Agreement shall not be construed as S a guarantee of future or subsequent funding to the Grantee under CSTF or any other program administered by the Department. (h) Not more than fifteen percent (158) of the total of state and required local matching funds shall be used for administrative salaries or other administrative costs. (i) Any CSTF monies expended in violation of this agreement shall be refunded in full by the Grantee to the Department, or if this agreement is still in force, shall be withheld by the Department from any subsequent payment. (4) PROGRAM INCOME 0� (a) Grantee may apply program income to meet matching requirements or may reprogram it for eligible program activities. (b) Program income will be accounted for in the close-out information provided to the Department. (5) PROCUREMENT STANDARDS Grantee shall comply with relevant state and local laws applicable to the procurement of supplies, equipment, construction, and services and shall ensure that delegate agencies comply with such requirements. (6) PROPERTY MANAGEMENT STANDARDS Grantee shall comply with property management standards for non - expendable property equivalent, at a minimum, to relevant state and local laws applicable to the management of property. (7) AUDIT (a) Grantee shall submit an audit of agreement compliance no later than December 31, 1966 under one of the following options: 1. Total Grant Budget of more than $10,000.00. The audit must be completed by an independent certified public accountant or by a county, city or state auditor. This audit will be submitted on forms provided by the Department or on equivalent forms provided by the Grantee or auditor. 2. Total Grant Budget of $10,000.00 or less. The Department will accept an audit signed by the Grantee's Chief Financial Officer on forms provided by the Department or on equivalent forms provided by the Grantee. 3. Delegate Agencies. Grantees may authorize an approved Delegate agency to submit an audit of any delegated funds. This audit must be performed by an independent certified public accountant on forms provided by the Department or on equivalent forms provided by the Grantee, Delegate Agency or auditor. An approved Delegate agency is one approved by the Department as a Delegate agency under this Agreement. This audit report must be submitted by the Delegate agency to the Grantee for Grantee approval prior to being submitted to the Department. Grantee approval for this audit means a statement by the Grantee that the Delegate audit meets the terms for audit under this Agreement and does not relieve the Grantee of its responsibilities under this Agreement. 4. OMB Circular A-128. This federal circular does not apply to this CSTF Agreement. However, the Grantee may submit an OMB Circular A-128 audit for this Agreement provided that: a. the A-128 audit covers the entire Agreement period; b. the A-128 audit includes, as a minimum, a schedule comparing Agreement budgeted receipts with actual receipts and comparing Agreement budgeted expenditures with actual expenditures; Page 2 of 6 C. the A-128 audit can be submitted to the Department by December 31; and d. any Delegate agencies that received Agreement funds are specifically included in the audit scope. Any request for an extension of the December 31 deadline must be submitted in writing and approved by the Department prior to December 31, 1986. Any audit not submitted or extended prior to December 31 will be considered delinquent, and future funding may be held by the Department pending receipt and approval of the delinquent audit. (b) The Department may undertake such further or additional audits as determined necessary or appropriate, including but not limited to past and current program -wide audits, in order to determine the adequacy, accuracy, and reliability of the Grantee's internal controls, fiscal data, and * ® management systems established to safeguard the Grantee's assets and insure compliance with the requirements of this Agreement established by the Department and other funding sources. (c) If an Agreement is closed -out without an audit, the Department reserves the right to disallow and recover any disallowed costs identified in an audit completed after such close-out. (8) RECORDKEEPING (a) Grantee shall maintain all records and supporting documents pertinent to this Agreement and such records shall be retained by the Grantee for three (3) years following receipt by thi Department of the Grantee's final Financial Status Report, with the following exception: if any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. (b) All records shall be sufficient to determine compliance with the requirements and objectives of this Agreement, the CSTF Program, and all other applicable laws and regulations. The Grantee is responsible for maintaining and storing all records pertinent to this Agreement in an orderly fashion in a readily accessible, permanent, and secured location. (c) The Grantee shall allow access to its records at reasonable times to the Department, its employees and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean 8:00 a.m to 5:00 P.M. on Monday through Friday. (9) PERFORMANCE REPORTS (a) For the first three quarters of the Agreement, the Grantee shall provide the Department with a quarterly Financial Status Report within twenty-one (21) calendar days after the end of each quarter. These reports shall be submitted on forms provided by the Department, signed by the Grantee's Chief Financial Officer or the Grantee's designge. If a delegate agency representative is the designee, any reports provided to the Department must be simultaneously submitted to the Grantee. A signature delegation form (Attachment S) must be completed as a part of this agreement for any such designee. Quarters run October 1 to December 31, January 1 to March 31, and April 1 to June 30. The final Financial Status Report will be submitted as part of the Final Grant Close -Out Report due 45 days after the end of this Agreement. (b) For the first three quarters of the Agreement, the Grantee shall provide the Department with quarterly Program Activity Reports within twenty-one (21) calendar days after the end of each quarter. These reports shal3 be submitted on forms provided by the Department. Quarters are the same as listed in Section (a). The Final Program Report will be submitted as part of the Final Grant Close -Out Report due 45 days after the end of this Agreement. (c) Reports not received by the date due shall be considered delinquent, and may be considered by the Department as sufficient cause to suspend CSTF payments. Page 3 of 6 1 (d) Upon reasonable notice, the Grantee shall provide such additional 40 program reports or information as required by the Department. (e) The Grantee shall provide a Final Grant Close -Out Report due forty-five (45) calendar days after the termination of this agreement. This Close -Out Report will consist of a Summary Page, a Final Financial Status ® Report and a Final Program Activity Report. Any non -accrued expenses or residual funds remaining at the termination of this Agreement shall revert to the Department as part of the Close -Out Procedures and shall be due and payable no later than December 31, 1986. Failure to comply with this provision may jeopardize future agreements and/or payments due from the Department. The third and fourth payments on existing CSTF agreements will automatically be withheld if an audit and/or refund check is not received by the December 31 deadline. ®� (f) The Grantee shall make the Final Contract Close -Out Report available to citizens, upon request, and at no charge, and shall make public notice of the report and its availability at the time it is submitted to the Department. (10) MONITORING, EVALUATION, AND TECHNICAL ASSISTANCE (a) The Grantee shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, projected program activities are being accomplished within specified time periods, and other performance goals are being achieved. This review shall be made for each program, function, or activity set forth in Attacbment A. (b) The Department shall perform monitoring and evaluation activities within limitations of staff time and budget, as may be necessary to assure Grantee fiscal and program compliance and progress. Training and technical assistance shall be provided by the Department, within limits of staff time and budget, upon written request from the Grantee and/or upon a determination by the Department of Grantee need. (c) The Grantee shall allow the Department to carry out monitoring, evaluation, and technical assistance and shall assure the cooperation of its employees, and of any Delegates with which the Grantee contracts to carry out CSTF program activities. (11) DELEGATE AGENCIES (a) Grantee may delegate to other agencies responsibility for the performance of activities and services under this Agreement. Such delegates shall be identified in Attachment A. (b) Delegates undertaking or carrying out CSTF activities under this Agreement shall do so in conformance with the terms and conditions of this Agreement; CSTF Rule 9C-2, F.A.C., and all applicable State laws, rules, regulations, and guidelines. (c) Delegation under this clause shall in no way relieve the Grantee receiving funds under this Agreement of its responsibilities to assure that its CSTF program is administered in accordance with all State requirements. (d) The Grantee shall be responsible for the program and fiscal performance of its delegates and shall monitor their activities accordingly. In the event of a delegates non-compliance with the program or fiscal activities under this Agreement, or any other term of this Agreement, the Grantee agrees to reimburse to the Department any and all grant funds misused by the Grantee or its delegates. (12) LIABILITY The Grantee shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall hold the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this Agreement. Page 4 of 6 (13) PERIOD OF AGREEMENT ® This Agreement shall begin on October 1, 1985 and shall end on September 30, 1986, unless terminated earlier in accordance with the provisions of Clause (14). (14) SUSPENSION OR TERMINATION OF FUNDS ® (a) The Department reserves the right to withhold or suspend payments to the Grantee when the reports required in Clause (9) of this Agreement are delinquent, or when the Grantee fails to comply with the terms and conditions of this Agreement. (b) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall '60 ® include, but not be limited to: misuse of funds; fraud; non-compliance with applicable rules, laws, and regulations; or failure to perform the program or fiscal activities under this Agreement. (c) Projects funded, in whole or in part, by these funds shall be administered without regard to race, color, creed, sex, age or national origin. It is expressly understood that the Department shall have the right to terminate this Agreement for breach upon receipt of substantial evidence of discriminatory practices by the Grantee. (d) Suspension or termination is an appealable action under Chapter 120, Florida Statutes. Written notification of suspension or termination shall include notice of appeal rights and time frames. (e) The Department reserves the right to exercise corrective remedial actions including, but not limited to: requesting additional information from the Grantee to determine the reasons for, or extent of non-compliance or lack of performance; issuing a written warning advising that suspension or termination may be initiated if the situation is not remedied; advising the Grantee to suspend, discontinue or not incur costs on activities in question; or requiring the Grantee to reimburse the Department for the amount of costs incurred for any items or activities determined ineligible or disallowed. (15) MODIFICATIONS (a) As provided in Rule 9C-2, the Department or the Grantee may request modifications to this Agreement. Changes in the approved work plan may be made by a Grantee only after formal modification to the contract is approved in writing by the Department. (b) All requests for budget modifications in excess of ten percent of the line item or the total budget must be submitted to the Department for approval thirty (30) days prior to the anticipated implementation date and should include a description of the proposed changes and their effect upon the approved work plan. Failure to meet this time frame may result in funding delays. (c) Changes within individual budget line items may be made at the discretion of the Grantee, without Department approval, if the cumulative effect of such changes does not exceed ten percent (10%) of the line item total, and if the cumulative effect of the number of such changes does not exceed ten percent of the total approved grant amount, provided that: 1. Only unobligated funds can be transferred from one item to another item within one budget line; 2. The Grantee notifies the Department in writing prior to affecting a budget change within the limitations set forth in this Section (b) and in CSTF Rule 9C-2; and 3. Budget changes do not result in overexpenditure of the total approved grant amount or expenditures in excess of the administrative expense limits. (d) All such modifications, which are mutually acceptable to the parties, will be incorporated in writing as amendments to this Agreement. Page 5 of 6 (16) SPECIAL CONDITIONS ® (a) The Grantee and its delegate(s) shall comply with the following special conditions: None (b) Failure of the Grantee or its delegate(s) to comply with the special conditions under this Agreement shall be cause for the immediate suspension of payments, and may be cause for the immediate termination of this Agreement. THIS AGREEMENT AND ITS ATTACHMENTS EMBODY THE ENTIRE AGREEMENT OF THE PARTIES. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS 0 ® AGREEMENT. GRANTEE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY N C GC BY (Sigha ure)(Signature) Dan C. Scurlock, Jx' Vice Chairman B oard of County Commissioners (Type ame and Title) (Type Name and Title) Date `0 / �'- a Date 59-80-0032K Federal Identification Number FOR THE GRANTEE: STATE OF FLORIDA, COUNTY OF0, I hereby certify that on this day, before me, a Notary Public, City Clerk or Clerk of the Court, authorized in the state and county named above to take acknowledgements, personally appeared Don C. Scurlock Jr. to me known to be the person described as Vice iairman (Title) of Board of County Commissioners who executed the (Name of Grantee) foregoing Agreement, and he/s$tDq acknowledged before me that he/she executed it in the name of and for Board of County Commissioners , (Name of Grantee) affixing its se1, aRRd that he/she was dulyauthorized by that governing body of the %oard of County Commissioners to do so. (Name of Grantee) WITNES�S my hand and official seal in the county and state named above this F -F= day of-7.c�i4L&L" 19 j Page 6 of 6 No ary Public. State of Florida at • My Commisslon Expires May 15. 1988 00NDED TNAU A'-NT'r, NQ1A9Y OROXERAOE 40 40 •• WrTACRMENT B 86ST-85-10-40-01-058 Contract No. to be assigned by Department FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS COMMUNITY SERVICES TRUST FUND IGNATURE AUTHORIZATION FORM - FY 1985-86 Indian River County Board of County Commissioners GRANTEE NAME AS SIGNIFIED BY THE GRANTEE ON THE ORIGINAL AGREEMENT PAGE 6 OF 6 .2) •a,_. c z4a--rI& SIGNATURE Don C. Scurlock, Jr. Vice Chairman TITLE The signature of the person(s) shown below are designat,d and authorized to sign fiscal reports on behalf of the contract listed below. Arlene S. Fletcher NAME SIGNATURE Executive Director TITLE NAME TITLE SIGNATURE