HomeMy WebLinkAboutExhibit 1FLORIDA DEPARTMENT OF JUVENILE JUSTICE
Grant Program Terms and Conditions 2005-06
All persons involved in or having administrative responsibility for the grant
must read and sign the Acknowledgment Form preceding these terms and
conditions.
At least seventy percent (70%) of youth served in the program will have at least three (3) of the
following major risk factors simultaneously present.
• Live with a family where there
• Is lack of control or supervision by parents/guardians,
• Have been episodes of child abuse, neglect, or domestic violence, or
• Is an influence of a family member who has a criminal history
• Have tremendous educational challenges as evidenced by
• Multiple occurrences of truancy or skipping classes within the last 6 months
• Failing more than one course in the last 6 months, or
• A suspension or expulsion in the last 6 months
• Used illegal substances repeatedly (but not necessarily referred for a drug offense),
▪ Exhibit pre -delinquent behavior such as
•' Being in a gang or associating with gang members or delinquent/anti-social peer
group,
• Repeatedly stealing, or
• Running away from home multiple times or for a tong duration.
In addition to the population to be served as described above, 70% of those youth served will
reside in neighborhoods within the targeted zip codes (identified in Attachment C).
it is the intent of the Department that delinquency prevention grant -funded programs serve youth
who do not have a current open delinquency referral. Youth in the program should be those who
have never have been arrested, or who may have been arrested but are no longer under any DJJ
or court -ordered supervision, If program provides services to youth diverted from judicial handling
for a delinquency charge, no more than 20% of youth in the program may have open delinquency
referrals or have been diverted fromjudicial handling.
The Provider will assess each youth served to determine whether the youth exhibits the risk
factors identified in the 8% Solution research study as outlined above
1) Method of Payment
a) This is a cost reimbursement grant. The department will pay the grantee for allowable
costs incurred as outlined in the approved budget and narrative.
b) The department will pay only those grant costs agreed to in the grant. The depa rtment will
not be responsible for any cost incurred prior to execution of the grant. Only g rant costs
incurred on or after the effective date and on or prior to the termination date of the gran)
are eligible for payment.
TAT 4 a osDiaa-s-'
c) Payment shall be requested on a monthly basis on the Department -approved invoice
forms The grantee shall request payment through submission of a completed invoice to
the Delinquency Prevention Specialist by the t Oth of each month following the month in
which services are rendered
d) During the first year, one advance payment of up to 25% of the total award amount may
be requested upon the effective date of the grant The total amount of the advance
payment will be recovered by reducing the first three months' payments by one-third of the
total advance payment. Total payments for the grant period shall not exceed the total grant
funds available The grantee shall invest advanced payments in an insured, interest
bearing account. Interest earned on advance funds shall be returned to the Department on
a monthly or quarterly basis by check made payable to the State of Florida, Department of
Juvenile Justice and submitted to the Delinquency Prevention Specialist. Grant recipient
must provide written justification for advance payments.
2) Data Collection
The grantee will collect client specific data on all youth served in the program The grantee will
enter data into the Juvenile Justice Information System (JJIS) Prevention Web. The JJIS
Prevention Web requires the grantee to have a computer with dedicated phone line Each.
youth will also be screened to determine whether the youth meets the goats of the DJJ
Delinquency Prevention Plan. AN information on youth will be collected in hard copy format
until the grantee is connected 10 the JJIS Prevention Web. Failure to comply with reporting
requirements will result in non-payment or termination of the grant
3) Reasons for Non-payment or termination
If the grantee fails to either submit the required reports as stated in Section 1 Method of
Payment to the Department (20) days after the due dates or enter data pursuant to Section 2
Data Collection, the Department may withhold payment unlit the provide is in compliance.
Afternativety, if performance is deficient, the •Department may terminate this grant under the
Default provisions in the grant. In that event, the grantee shalt also be liable for actual
damages accruing until the lime the Department may reasonably obtain service or
performance of services The damages shall be in addrtion to other rights of the Department to
terminate the grant.
4) Grant Amendments
Grants may be amended with adequate justification. Amendments are effective on the last
date signed and will not be made retroaclive The grantee shall obtain prior written approval
from the Delinquency Prevention Specialist for changes in the -grant inclu�i,ngbut not limited
to:
a) Changes in project activities; designs or research plans set forth in the approved grant.
b) Budget modifications may be accomplished with the proper grant amendment form and a
written request The modification shall have supporting justrfication. The Delinquency
Prevention Specialist will reject justification if unsatisfactory. The gran) amendment is
contingent upon the approval of the Delinquency Prevention Specialist.
c) Under no circumstances can a transfer of funds increase the total approved award.
d) The provider, without Delinquency Prevention Specialist approval, may make a budget
amendment of up to ten percent (10%) within/between already approved budget categories
once during the grant period. The Delinquency Prevention Specialist must be notified within
(30) days in writing of the budget changes.
5) Record Keeping
The grantee will maintain a record of each youth served including assessments, screening
results, etc. A sign•in sheet shall be maintained to record daily activity of the program as
appropriate. Data should be collected in such a way as to permit data integrity verification
against the Juvenile Justice information System, invoices and quarterly narrative reports
6) Travel
All travel reimbursement for in -state travel in excess of 100 miles from the program location
shall be based upon written approval of the Delinquency Prevention Specialist prior to the
travel. The cost of all travel shall be in accordance with Section 112 061, Florida Statues,
which is $D.29 per mile as of January 1, 2002
7) Mandatory Technical Assistance Training
The grantee shall send a representative to any required technical assistance training provided
by the Department The grantee is responsible for complying with all lerrns and conditions as
outlined during the technical assistance training Failure to participate in the technical
assistance training will require the Delinquency Prevention Specialist to conduct a special
training for the grantee. The Department's costs, including hourly salary and benefits of
DJJ staff, travel expenses and the costs of materials and supplies, associated with this
training will be deducted from the first Invoice.
8) Supplanting
•
The grantee shalt not use funds provided by the Department to replace funds from other
funding sources
9) Commingle
The grantee shall establish a system to provide adequate fund accountability for each project
that is awarded.
1 O)Annual Financial Audit
The grantee shalt have an annual limited scope audit of the grant -funded program that will be
submitted to the department for review. if the grant -award amount received does not exceed
$25,000, a sworn affidavit from the agency head must be submitted staling the program has
complied with provision of the grant. The annual audit is due no later than 120 days after the
close of the grantee fiscal year
11) Lobbying
The grantee shall comply with Sect,iefl5 216 347, Florida Statutes, which prohibits the
expenditure of grant funds for lobbyin6the Legislature, judicial branch or a stale agency.
12) Background Screening
The grantee shall comply with the Department of Juvenile Justice, Office of the Inspector
General, Statewide Procedure on Background Screening for Employees, Grantees, and
Volunteers. The grantee shall comply with the requirement for background screening as
mandated in Section 985 01, Honda Statutes. Background screening results must be
submitted with the inrtiat reimbursement. The grantee is not entitled to salary costs attributable
to an employee who has not received a favorable preliminary screening prior to employment
or a favorable final screening within six (6) months after employment. The salary amount will
be withheld from grant payments. Failure 10 comply with the Department's background
screening procedure may result in cancellation of the grant.
13)Confidentiality
The grantee, its agents, employees or sub -grantees will not use or disclose any information
concerning a recipient of services under this contract for any purpose not in conformity with
state statutes and any applicable federal regulations (45 CFR, Part 205.50) except upon
written consent of the recipient, or his/her responsible parent or guardian when authorized by
law.
14) Access to Records
The department reserves the nght to unilaterally terminate this grant if the grantee refuses to
allow public access to all documents, papers, letters, or other materials subject to provision of
Chapter 119, Florida Statutes, made or received by the grantee or its contractor in conjunction
with this grant
15) Retention of Records
The grantee shall retain all records and documents pertinent to this grant for a period of five
(5) years after termination of this grant. If an audit has been initiated and audit findings have
not been resolved at the end of five (5) years, the records shall be retained until resolution of
the audit findings
16) Property
All property and equipment purchased in excess of $500 requires three written competitive
bids and these documents shall remain in the grant files, Ownership of all property and
equipment purchased with grant funds shall be vested with the department AN such property
and equipment shalt be returned to the department at the termination of the grant. The
department will withhold final payment to the grantee until all property is retumed, The grantee
shall comply with Section 273.02, Florida Statutes. Property purchased with grant funds above
$500 shall be listed on Annual Inventory Form provided by the Department
17) Informatlon Technology Standards
The grantee shall receive written approval from the department prior to the purchase of any
Information Technology Resource (ITR) made as part of this grant The grantee shall secure
pnor wrrtlen approval by means of an Information Resource Request (IRR) form before the
purchase of any ITR. The form is available from the Delinquency Prevention Specialist.. The
Delinquency Prevention Specialist is responsible for serving as the liaison between the
grantee and Information Systems during the completion of the IRR/ITR process. ITR are data
processing hardware, software, services, supplies, maintenance, training, personnel and
facilities. The grantee shall not be reimbursed for any ITR purchases made prior to obtaining
the department's written approval.
18) Publication or Printing of Reports
Responsibility for the direction of the grant activity will not be ascribed to the grantor agency or
the department. Any publication produced under this grant shalt contain the following wording:
This publication is funded/partially funded by the Honda Department of Juvenile Justice. Any
publication shall include the following statement 'The opinions, findings, and conclusions or
recommendations expressed in this publication are those of the aulhor(s) and do not
necessarily reflect the views o1Ihe Department of Juvenile Justice_" The receipt of the grantor
agency funding does not constitute official recognrlion or endorsement of any work performed
under the grant,
1.9)Abuse, Neglect, and Exploitation Reporting
The grantee shall comply with Chapter 415, Florida Statutes. An employee of the grantee who
Knows, or has reasonable cause to suspect that a child is or has been abused, neglected, or
exploited shall immedialeiy report such knowledge or suspicion to the central abuse registry
and tracking system of the department on the single statewide toll -free telephone number (1-
800-95-ABUSE (800.962-2873)).
20) Training
The grantee shall ensure that each of (heir direct care project staff has received basic training
in First Aid, CPR, child abuse and neglect (e g , detection, reporting, prevention and
counseling), confidentiality requirements and how to handle emergencies on the job The
grantee shall comply with Federal Rule CFR 29 1910.1030 regarding Bloodborne Pathogens
that requires, in some circumstances, that program staff may have to receive appropriate
training
The grantee shall maintain a record of all training, conference, staff meeting or continuing
education for all employees whose salary is paid in full or pan from grant funds
21) Incident Reporting/Central Communications Center
The grantee shall comply with the Department of Juvenile Justice, Statewide Cenlrar
Communications Center Incident Reporting Procedure. Failure to comply with this procedure
could result in cancellation of the grant.
22) Indemnification
Pursuant to Section 768 28, Florida Statutes, the grantee shall indemnify _and hold harmless
the Department of Juvenile Justice, upon notice, for any liabilities caused by the grantee or its
employees' or agents' negligent or tortuous acts or omissions within the scope of this grant to
the limits of sovereign immunity
23) Insurance
The grantee shall provide adequate insurance coverage on a comprehensive basis and to
hold such liability insurance at all times during the existence of this grant. State agencies shall
comply with Section 768.28, Florida Statutes and verification of liability insurance shall be
provided upon request. Payment will be withheld until proof of insurance has been forwarded
to the Delinquency Prevention Specialist.
24) lmmigration and Nationality Act
The Department of Juvenile Justice shall c,,onsider the employment by any grantee of
unauthorized aliens a violation of Section 774A(e) of the immigration and Nationality Act
Such violation shall be cause for unilateral cancellation of the grant
25) Monitoring
The grantee shall permit persons duty authorized by the Department of Juvenile Justice to
inspect any records, papers, documents, facilities, goods and services relevant to the grant
program. This includes interviews with any client or employee of the grant program. Juvenile
Justice Circuit Board and County Council members may conduct on -site monitoring visits. The
reviewer should document all on-sile monitoring visits Copies of the monitoring report will be
shared with the grantee, juvenile justice county council and circuit board and Department
management
26)Termination
Termination for Convenience This grant may be terminated by the grantee upon no less than
thirty (30) calendar days notice, without cause, at no additional cost, unless a different nonce
period is mutually agreed upon by both parties The grantee must be operating in a state of
compliance with the terms and conditions of the grant at the time the notice rs issued and
must remain compliant for the duration of the performance period The grant may be
terminated by the Department upon no less than thirty (30) days' notice, without cause, at no
additional cost, unless ;he parties mutually agree upon drf-ferent notice period.
Termination for Default: Untess the department waives the grantee's breach in writing, the
department may, by written notice to the grantee, terminate this grant upon notice, Waiver of
breach of any provisions of this grant shall not be deemed to be a waiver of any other breach
and shall be construed to be a modification of the terms of this grant. The provisions herein do
not Limit the Department's right to remedies at law or to damages.
Alt termination notices shall be sent by certified mail, or other delivery service with proof of
delivery.
27) Circulars and Common Rules
The grantee shalt be in accordance with the following Circulars•
a) Administrative Requirements, OMB Circular A-102 "Grants and Cooperative Agreements
with State and Local Governments," OMB Circular A-110 'Uniform Administrative
Requirements for Grants and Agreements with Institutions of 'Higher Education, Hospitals
and Other Non -Profit Organizations "
b) Allowable Cost OMB Circular No. A-87, "Cost Principles for Stale and Local
Governments," OMB Circular No. A-21, °Cost Principles for Educatronat Institutions," OMB
Circular No. A-122 "Cost Principles for Nonprofit Organizations."
c) Audit Requirements: OMB Circular A-133, "Audits of Stale, Local Governments and
Nonprofit Institutions."
28) Equal Employment Opportunity (EEO)
No person, on the grounds of race, creed,. color or national origin shall be excluded from
participation in, be refused benefits of, or otherwise subjected to discrimination under grants
awarded pursuant to Title IV of the Civil Rights Act of 1964, Section 504 of the Rehabilitation
Act of 1973 as amended; Title IX of the Education Amendments of 1972; The' Age
Discnmination Act of 1975; Section 654 of the Omnibus Budget Reconciliation Act of 1981.
29) American with Disabilities Act 1990
The grantee shall comply with the requirements of the American with Disabilities Act (ADA),
Public Law 101-336, which prohibits discrimination on the basis of disability and requires
reasonable accommodation for persons with disabilities.
30) Assignment and Sub -grants
The grantee shall not assign responsibility of this grant to another party or sub -grantee for any
of the work contemplated under this grant without written approval of the department. No such
approval by the department of any assignment or sub -grant shall be deemed in any event to
provide for the department incurring any obligation in addition to the total dollar amount
agreed upon in this grant.
31) Disputes and Appeals
The department shall inform the grantee in writing when responding to any disputes,
disagreements or questions of fact arising under this grant and shall distribute its response to
all concerned parties. The grantee shall proceed with the performance of this grant according
to the department's decision
32) False Claim Act
False claims submitted in connection with this grant are subject to c+vil penalties and damages
under "Florida False Claims Act," Section 68 082. Florida Statutes.
33) Renewal
This grant may be renewed at the sole discretion of the Department on a yearly basis for no
more than two (2) years. Such renewal shalt be contingent upon satisfactory performance
evaluations as determined by the department and shall be subject to the availability of funds