Loading...
HomeMy WebLinkAboutExhibit 4Appendix D Terms and Conditions Signature Page I have read and agree to follow all terms, conditions, and applicable federal and state statutes as presented in this Appendix D. Director of Grants Administration Authorized Official's Title Auth6rized'Official's Signature Appendix D Section 1. Terms and Conditions Florida Department of Juvenile Justice Grant Project Terms and Conditions All persons involved in or having administrative responsibility for the grant must read these terms and conditions. 1. Method of Payment This is a fixed payment grant. The department will pay the grantee for allowable costs incurred as outlined in the approved budget and narrative. 2. The department will pay only those grant costs agreed to in the grant. The department will not be responsible for any cost incurred prior to execution of the grant. Only grant costs incurred on or after the effective date and on or prior to the termination date of the grant are eligible for payment. 3. The Department shall provide payment on a monthly basis pursuant to the invoice formprovided. 4. The' rantee shall request payment through submission of a completed invoice to the grantimanager by the 10th of each month following the month in which services are rendred. Failure to submit the invoice by the 10th may result in .reduction of pays nt for services and/or termination, 5. Liquidated Damages If the .grantee by fails to submit the required reports to th•e Department (20) days after the due date as stated in Section 1 Method of Payment and Section 7 Reports, the Department will suffer financial damages. The parties cannot predict the precise amount of these damages in advance. Accordingly, the parties agree that in the event of late filing of the documents identified, the Department will reduce the payments to the grantee in the manner described below: Requirements Total Cost Monthly Invoice Quarterly Report $100 per late filed Invoice $300 per late report filed Alternatively, if performance is deficient, the Department may terminate this grant under the Default provisions in the grant. In that event, the grantee shall also be liable for actual damages accruing until the time the Department may reasonably obtain service or performance of services. The damages shall be in addition to other rights of the Department to terminate the grant. 6. Reports The grantee shall prepare Progress Reports and Prevention Project Performance Measure Quarterly Reports. The grantee shall comply with the following time period for reporting: Quarter Months in Quarter Report Due Date Start October -- December January 10, 2001 1 January — March April 10, 2002 2 April — June July 10, 2002 Failure to comply with reporting requirements will result in non-payment or termination of the grant. 7. Grant Amendments Grants may be amended with adequate justification, Amendments are effective on the last date signed and will not be made retroactive. Grantee shall obtain prior written approval from the grant manager for changes in the grant including but not limited to: a) Change 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 justification. The grant manager will reject justification if unsatisfactory. The grant amendment is contingent upon the approval of the grant manager. c) Under no circumstances can transfer of funds increase the total approved award. d) Ten percent (10%) or $1,000 may be modified without grant manager approval within/between already approved budget categories once during a six-month period. The grant manager must be notified within (30) days in writing of the budget changes. 8. Travel All travel reimbursement for in -state travel in excess of 100 miles from project location shall be based upon writt, n approval of the grant manager prior to the travel, 9. The cost of all travel shall be in accordance with Section 112.061, Florida Statues. 10. Grantee shall send a representative to any required technical assistance training provide by the Department. 11.Supplanting The grantee shall not use funds provided by the Department to replace funds from other funding sources. 12.Commingle Grantee shall establish a system to provide adequate fund accountability for each project that is awarded. 13.Annual Financial Audit The grantee shall have an annual audit of the grant -funded project in accordance with the Rules of the Audit General, Chapter 10.600 Audits of State Grants and Aids Appropriations, promulgated pursuant to Section 11.45, Florida Statues. If the amounts received do not exceed $25,000, a sworn affidavit from the agency heat must be submitted stating the project 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. 14. Lobbying Grantee shall comply with Section 216,347, Florida Statutes, which prohibits the expenditure of grant funds for lobbying the Legislature, judicial branch or a state agency. 15.Background Screening The grantee shall comply with the Department of Juvenile Justice, Office of the Inspector General's Statewide Procedure on Background Screening for Employees, Grantee, and Volunteers. The grantee shall comply with the requirement for background screening as mandated in Section 985,01, Florida Statutes. Background screening results must be submitted with the initial reimbursement. Reimbursements wille withheld for an employee who has not received a favorable preliminary screening or a favorable final screening within six (6) months. Failure to comply with the department's background screening procedure may result in cancellation of the grant. 16.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. 17.Access to Records The department reserves the right to unilaterally terminate this grant if the grantee miles 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. 18. 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. 19. Property All property and equipment purchased in excess of $500 requires three written competitive bids and these documents shall remain in the grant files. All property and equipment purchased with grant funds shall be vested with the department. All such property and equipment shall be returned to the department at the termination of the grant. The department will withhold final payment to the grantee until all property is returned. The grantee shall comply with Section 273.02, Florida Statutes. Property purchased with grant funds above $500 shalt be listed on Annual Inventory Form provided by the Department. 20.Information Technology Standards Grantee shall receive written approval from the department prior to the purchase of any Information Technology Resource (1TR) made as part of this grant. The grantee shall secure prior written approval by means of an Information Resource Request (IRR) form before the purchase of any ITR. The form is available from the grant manager. The grant manager 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 1TR purchases made prior to obtaining the department's written approval. 21,Abuse, Neglect, and Exploitation Reporting Grantee shall comply with Chapter 415, Florida Statutes, An employee of the grange who knows, or has reasonable cause to suspect that a child is or has been abused, neglected, or exploited shall immediately report such knowledge or suspicion to the central abuse registry and tracking system of the department on the single statewide toll -free telephone number (1-800-96-ABUSE (800-962-2873j). 22.Training The grantee shall ensure that each of their project staff has received basic training in child abuse and neglect (e.g., detection, reporting, prevention and counseling), confidentiality requirements and how to handle emergencies on the job. In accordance with Section 985.406, Florida Statutes, the grantee's direct -care staff shall be required to participate in and successfully complete the necessary and appropriate department -approved training projects. Additionally the grantee will send appropriate representation to any training deemed mandatory by the Department of Juvenile Justice. The grantee shall maintain a record of all training, conference, staff meeting or continuing education for all employees. 23.Incident Reporting The Provider shall comply with the Department of Juvenile Justice, Inspector General's Statewide Incident Reporting Procedure. Failure to comply with this procedure could result in cancellation of the grant. 24.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 tortious acts or omissions within the scope of this grant to the limits of sovereign immunity. 25,lnsurance 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 forward to the grant manager. • 26.Immigration and Nationality Act The Department of Juvenile Justice shall consider the employment by any grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. Such violation shall be cause for unilateral cancellation of the grant. 27. Monitoring The grantee shall permit persons duly authorized by the Department of Juvenile Justice to inspect any records, papers, documents, facilities, goods and services relevant to the grant project. This includes interviews with any client or employee of the grant project. The reviewer should document all on -site monitoring visits, no matter who conducts them. Copies of the monitoring report will be shared with the provider. 28. 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 notice 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 is 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 different notice period is mutually agreed upon by the parties. Termination for Default: Unless the grantee's breach is waived by the department is 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 termsserthis grant. The provisions herein do not limit the department's right to remedies at law or to damages. All termination notices shall be sent by certified mail, or other delivery service with proof of delivery. 29.Circulars and Common Rules The grantee shall 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. 87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," OMB Circular No. A-122 "Cost Principles for Nonprofit Organizations." c) Audit Requirements: OMB Circular A-133, "Audits of State, Local Governments and Nonprofit Institutions." 30. Travel All travel reimbursement for out-of-state shall be based upon written approval of the grant manager prior to the travel. 31.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 Discrimination Act of 1975; Section 654 of the Omnibus Budget Reconciliation Act of 1981. 32.American with Disabilities Act 1990 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. 33.Assignment and Sub -grants The grantee shall not assign responsibility of this grant to another party or sub -grant for any of the work contemplated under this grant without written approval of the department. A copy of all sub -contracts, sub -grants or agreements pertaining to the grant must be submitted to the grant manager before payment can be made for services involving a sub contract or sub grant. 34.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 concern parties. The grantee shall proceed with the performance of this grant according to the department's decisi2 35. False Claim Act False claims submitted in connection with this grant are subject to civil penalties and damages under "Florida Fake Claims Act," Section 68.082, Florida Statutes. 36.Bloodborne Pathogens The grantee shall comply with Federal Rule CFR 29 1910.1030 regarding Bloodborne Pathogens. 37.Commencement of Project If a project is not operational within 60 days of the original starting date of the grant period. the Grantee shall report by letter to the grant manager the steps taken to initiate the grant, the reasons for delay, and the expected starting date. Failu submit notification within 60 days may result in grant termination. The manager may extend the implementation date of the grant past the 60-day peer,,,' When this occurs, the grant files and records must so note the extension. If a project is not operational within 90 days of the original starting date of thE- period, the grantee must submit a second statement to the grant manager explaii, the implementation delay. Upon receipt of the 90-day letter, the grant manager rry, cancel the grant and request grantor agency approval to redistribute the funds tc, • grant areas. 38.Publication or Printing of Reports Responsibility for the direction of the grant activity will not be ascribed to the gra.. agency or the department. Any publication produced under this grant shall co, the following wording: This publication is funded/partially funded by Flo! Department of Juvenile Justice, Any publication shall include the folic,' statement: "The opinion's, findings, and conclusions or recommendations expre.: in this publication are those of the author(s) and do not necessarily reflect the v of the Department of.Juvenile Justice_" The receipt of the grantor.agency..fun-, does not constitute official recognition or endorsement of any work -performed u the ,grant. . 39 Access to Records Pers:';ns duly authorized by the department and federal auditors shall have acc s to books, documents, papers and records of the grantee and subgrantee f' the ;' rose of audit and examinations_ 40.Minority Business Enterprise (MBE) Subcontracting Plan The grantee shall encourage the use of certified minority business enterprises (CMBEs) and minority business enterprises (MBEs) and shall provide opportunir participate in grant performance. A CMBE or CMBE subcontractor is defined as business certified by the Florida Office of Supplier Diversity to be a Certified Mincrr; Business Enterprise. Minority vendors can be located by contacting Office of Supplier Diversity (850) 487-0915 or visit their website http://mbaao.fdles.state.fl.'