Item C22
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 18, 2001
Bulk Item: Yes I2l No 0
Division: Administrative Services
Department: Grants Administration
AGENDA ITEM WORDING: Approval of revised "boilerplate" contract with human
service organizations funded by the County.
ITEM BACKGROUND: This is the standard template for contracts entered into with
various human service, mental health, cultural, and youth organizations in Monroe
County. From this template, name, amount, and service information is changed to fit
each agency. Revisions and improvements are necessary because of small problems
and misunderstandings that have surfaced over past years. Copy of memorandum from
County Attorney's Office attached.
PREVIOUS RELEVANT BOCC ACTION: Approval of contracts using old format in
previous years.
CONTRACT/AGREEMENT CHANGES: Changes to Articles 3, 9, and 11. See attached
contract - deletions are struck through, and additions are underlined.
STAFF RECOMMENDATION: Approval
TOTAL COST: n/a
BUDGETED: Yes 0 No I2l
COST TO COUNTY: n/a
REVENUE PRODUCING: Yes 0 No ~ AMOUNT PER MONTH
YEAR
APPROVED BY: COUNTY ATTY I2l OMB/PURCH~NG Igj RISK MANAGEMENtAlt\('
Igj
DIVISION DIRECTOR APPROVAL: jh ::=:T ~
James L. Roberts
DOCUMENTATION: INCLUDED: 0 TO FOLLOW: 0 NOT REQUIRED: 0
DISPOSITION: AGENDA ITEM #: I~.:L,
SAMPLE
AGREEMENT
BPKAA
This Agreement is made and entered into this day of ,
2000, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
hereinafter referred to as "Board" or "County," and BIG PINE KEY ATHLETIC ASSOCIATION,
INC., hereinafter referred to as "Provider."
WHEREAS, the Provider is a not-for-profit corporation established for the provision of
activities for the wholesome development of youths' personal, social, physical, emotional and
spiritual growth, and
WHEREAS, the Provider provides such activities in a wholesome, alcohol-free and drug-
free environment for young people of Monroe County, and
WHEREAS, it is a legitimate public purpose to provide facilities and services for
recreational use and social functions of the community in a wholesome environment free from
drugs and alcohol, now, therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed
as follows:
1. AMOUNT OF AGREEMENT. The Board, in consideration of the Provider
substantially and satisfactorily performing and carrying out the duties of the Board as to
providing facilities and services for recreational use for young persons living in Monroe County,
Florida, shall pay to the Provider the sum of FORTY-EIGHT THOUSAND DOLLARS ($48,000.00)
for fiscal year 2000-2001.
2. TERM This Agreement shall commence on October 1, 2000, and terminate
September 30, 2001, unless earlier terminated pursuant to other provisions herein.
3. PAYMENT Payment will be paid periodically, but no more frequently than
monthly as hereinafter set forth. Reimbursement requests will be submitted to the Board via
the Clerk's Finance Office. The County shall only reimburse, subject to the funded amounts
below, those reimbursable expenses which are reviewed and approved as complying with Florida
Statutes 112.061 and Attachment A - Expense Reimbursement Requirements. Evidence of
payment by the Provider shall be in the form of a letter, summarizing the expenses, with
supporting documentation attached. The letter should contain a certification statement as well
as a notary stamp and signature. An example of a reimbursement request cover letter is
included as Attachment B. The oroanization's final invoice must be received within Sixty days
after the termination date of this contract shown in Article 2 above.
After the Clerk of the Board examines and approves the request for reimbursement, the
Board shall reimburse the Provider. However, the total of said reimbursement expense
payments in the aggregate sum shall not exceed the total amount of $48,000.00shown in Article
1, above, during the term of this agreement.
4. SCOPE OF SERVICES The Provider, for the consideration named, covenants and
agrees with the Board to substantially and satisfactorily perform and carry out the duties of the
Board in providing activities in a wholesome environment free from drugs and alcohol to young
persons living in Monroe County, Florida. Provider shall provide services described in Attachment
C, attached hereto and incorporated herein.
5. RECORDS The Provider shall maintain appropriate records to insure a proper
accounting of all funds and expenditures, and shall provide a clear financial audit trail to allow
for full accountability of funds received from said Board. Access to these records shall be
provided during weekdays, 8 a.m. to 5 p.m., upon request of the Board, the State of Florida, or
authorized agents and representatives of the Board or State.
The Provider shall be responsible for repayment of any and all audit exceptions which are
identified by the Auditor General of the State of Florida, the Clerk of Court for Monroe County,
an independent auditor, or their agents and representatives. In the event of an audit exception,
the current fiscal year contract amount or subsequent fiscal year contract amounts shall be
offset by the amount of the audit exception. In the event this agreement is not renewed or
continued in subsequent years through new or amended contracts, the Provider shall be billed
by the Board for the amount of the audit exception and the Provider shall promptly repay any
audit exception.
6. INDEMNIFICATION AND HOLD HARMLESS. The Provider covenants and
agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any
and all claims for bodily injury (including death), personal injury, and property damage
(including property owned by Monroe County) and any other losses, damages, and expenses
(including attorney's fees) which arise out of, in connection with, or by reason of services
provided by the Provider occasioned by the negligence, errors, or other wrongful act or omission
of the Provider's employees, agents, or volunteers.
7. INDEPENDENT CONTRACTOR At all times and for all purposes hereunder, the
Provider is an independent contractor and not an employee of the Board. No statement
contained in this agreement shall be construed so as to find the Provider or any of its
employees, contractors, servants or agents to be employees of the Board.
8. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement,
the Provider shall abide by all statutes, ordinances, rules and regulations pertaining to or
regulating the provision of such services, including those now in effect and hereinafter adopted.
Any violation of said statutes, ordinances, rules and regulations shall constitute a material
breach of this agreement and shall entitle the Board to terminate this contract immediately upon
delivery of written notice of termination to the Provider.
9. COMPLIANCE WITH COUNTY GUIDELINES. The Provider sh;:J1I comply with the
"Org;:Jnization, Programs ;:Jnd Policy Guidelines for the Youth Org;:Jnizations of ~~onroe County."
At ;:J minimum, the provision reqUires the Provider to demonstr;:Jte ;:Jnd sust;:Jin compli;:Jnce with
The Provider must furnish to the County:
(a) evidence of the oroanization's 501(c)(3) Registration status;
(b) a list of the oroanization's Board of Directors of seven which there must be five or
more;
(c) evidence of Agnnual election of Officers and Director~;
(d) Annu~1 provision of an annual audited financial report to County;
(e) (e) a copy the oroanization's Corporate Bylaws, which must address the
oroanization's mission, board and membership composition, election of officers,
and so on;
(f) a copy of the oroanization's Corporate Policies and Procedures Manual which must
include hirino policies for all staff, druo and alcohol free workplace provisions, eoual employment
opportunity provisions, and so on;
(g) Hiring policies for all st;:Jff;
(h) Cooper;:Jte cooperation with County monitoring visits; am:!
(i) 5~emi-annual performance reports to be presented to County. These reports
should include performance measurements which will demonstrate the level of accomplishment
of ooals for which fundino has been provided.
(n other reasonable reports and information related to compliance with applicable
laws, contract provisions and the scope of services that the County may from time to time
re~uest.
10. PROFESSIONAL RESPONSIBILITY AND LICENSING. The Provider shall
assure that all professionals have current and appropriate professional licenses and professional
liability insurance coverage. Funding by the Board is contingent upon retention of appropriate
local, state and/or federal certification and/or licensure of the Provider's program and staff.
11. MODIFICATIONS AND AMENDMENTS Any and all modifications of the services
and/or reimbursement of services shall be ;:Jmended accomolished by an ;:Jgreemcnt amendment,
which must be approved in writing by the BeareCounty.
12. NO ASSIGNMENT The Provider shall not assign this agreement except in writing
and with the prior written approval of the Board, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This agreement shall be
incorporated by reference into any assignment and any assignee shall comply with all of the
provisions herein. Unless expressly provided for therein, such approval shall in no manner or
event be deemed to impose any obligation upon the Board in addition to the total agreed upon
reimbursement amount for the services of the Provider.
13. NON-DISCRIMINATION The Provider shall not discriminate against any person
on the basis race, creed, color, national origin, sex or sexual orientation, age, physical handicap,
or any other characteristic or aspect which is not job-related in its recruiting, hiring, promoting,
terminating or any other area affecting employment under this agreement. At all times, the
Provider shall comply with all applicable laws and regulations with regard to employing the most
qualified person(s) for positions under this agreement. The Provider shall not discriminate
against any person on the basis of race, creed, color, national origin, sex or sexual orientation,
age, physical handicap, financial status or any characteristic or aspect in its providing of
services.
14. AUTHORIZED SIGNATURES. The signatory for the Provider below, certifies
and warrants that:
(a) The Provider's name in this agreement is the full name as designated in its
corporate charter, if a corporation, or the full name under which the Provider is authorized to do
business in the State of Florida.
(b) He or she is empowered to act and contract for the Provider; and
(c) This agreement has been approved by the Board of Directors of the Provider if the
Provider is a corporation.
15. NOTICE. Any notice required or permitted under this agreement shall be in
writing and hand-delivered or mailed, postage pre-paid, by certified mail, return receipt
requested, to the other party as follows:
For Board:
Dave P. Owens, Grants Administrator
Public Service Building
5100 College Road
Key West, FL 33040
and
Monroe County Attorney
PO Box 1026
Key West, FL 33041
For Provider
President
Big Pine Key Athletic Association
P. O. Box 430089
Big Pine Key, Florida 33043
16. CONSENT TO JURISDICTION. This agreement shall be construed by and
governed under the laws of the State of Florida and venue for any action arising under this
agreement shall be in Monroe County, Florida.
17. NON-WAIVER. Any waiver of any breach of covenants herein contained to be
kept and performed by the Provider shall not be deemed or considered as a continuing waiver
and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding
breach, either of the same conditions or covenants or otherwise.
18. AVAILABILITY OF FUNDS If funds cannot be obtained or cannot be continued
at a level sufficient to allow for continued reimbursement of expenditures for services specified
herein, this agreement may be terminated immediately at the option of the Board by written
notice of termination delivered to the Provider. The Board shall not be obligated to pay for any
services or goods provided by the Provider after the Provider has received written notice of
termination, unless otherwise required by law.
19. PURCHASE OF PROPERTY. All property, whether real or personal, purchased
with funds provided under this agreement, shall become the property of Monroe County and
shall be accounted for pursuant to statutory requirements.
20. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the
parties hereto with respect to the subject matter hereof and supersedes any and all prior
agreements with respect to such subject matter between the Provider and the Board.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL)
ATTEST: DANNYL. KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
BIG PINE KEY ATHLETIC ASSOCIATION
(Federal ID No. )
Witness
By
Witness
jelceAbpka;:J 'fouth
President
O!!~.f'~~E
(3051214-441
BOARD OF COUNTY COMMISSIONERS
MAYOR George Neugent, District 2
MD.yor Pro tem NoI"CI Williams, District 4
Charles McCtly, District 3
MurT'CIf Nelson, District 5
Dixie Spehar, District 1
Office of the Counfy Attorney
P.O. Box 1026
Key West, FL 33041-1026
305/292-3470 - Phone
305/292-3516 - Fax
MEMORANDUM
TO: Dave Owens, Grants Administrator
FROM:
DATE:
RE:
Suzanne A. Hutton, Assistant County Attorney
C($
March 30,2001
HSO contracts.
I arn in receipt of memos dated March 21st and March 27th. With respect to
the March 21 st memo concerning proposed changes to the HSONouth
contracts, I see just two minor changes which should be made. With respect to
the March 27th rnemo concerning proposed changes to the application, I have a
few answers and changes.
The changes to the contracts are minimal. The first is on page 2, in item 9,
subparagraph (e) where a word has been omitted. The first portion of that
subparagraph should read "a copy of the organization's." The next item starts in
paragraph 11. I would request that you change the word "Board" to the word
"County." Although the contract states in the very first paragraph that the BOCC
may be referred to as board, it may be confusing since some of the contract talks
about the board of directors of the provider. Also, in paragraphs 12, 15, 17, and
18 where the word "Board" is used, I would change it to "County."
I really don't know why a seven-member board of directors was previously
required and I don't have any reason to think that five is not sufficient.
On page two of the application itself, you have crossed out ''federal and/or
state dollars" and written in "total budget?" I think you need to leave that at
federal and/or state dollars but you might want another level of inquiry asking
how much the County funds are in proportion to the total budget. In that same
area you have circled the word authorization with questions. I believe
authorization actually refers to whether or not the person signing has authority to
sign on behalf of the entity. Since you have a place requiring the president or the
chairman to sign, I don't think there's any doubt that the person signing does
.' ..' .
have appropriate authority. Accordingly, I would delete the words "and
authorization." Where you have indicated we don't strictly follow the requirement
that the agency meet the eligibility criteria, by all means insert the word
"substantially. "
I'rn assurning you're not asking rne for anything on page 4 where you've got
circles and notes because it looks like you've already figured out that the plural or
the singular and/or the question mark are inappropriate. On page 5, in itern no.
23, if there are relevant documents or a relevant report they should be attached.
Accordingly remove the word "cite".
I do not see any additional areas that need to be addressed that you haven't
already dealt with appropriately.
Please call if you have any questions.
SAH:ak
P.S. I don't believe that it is necessary for me to sign off on the above after
the referenced changes are made.
2