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FY2001 11/21/2000 J)annp lL. i&olbage BRANCH omCE 3117 OVERSEAS InGHWAY MARATIlON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNlY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS InGHWA Y PLANTATION KEY, FLORIDA 33070 TEL (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: November 30, 2000 TO: Jennifer Hill, Budget Director Office of Management & Budget ATTN: Dave Owens Grants Administrator Pamela G. Hanco~ Deputy Clerk U FROM: At the November 21,2000, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Fiscal Year 2001 Funds Agreement between Monroe County and Historic Florida Keys Foundation, Inc. to provide funding. Fiscal Year 2001 Human Organization Agreement between Monroe County and the following: Greater Miami and Keys American Red Cross Big Brothers-Big Sisters of Monroe County, Florida Caring Friends for Seniors, Inc. Domestic Abuse Shelter, Inc. Florida Keys Children's Shelter, Inc. Florida Keys Outreach Coalition, Inc. U.S. Fellowship of Florida, Inc. aJkJa Heron and HeronlPeacock Hospice of the Florida Keys, Inc. Literacy Volunteers of America - Monroe County, Inc. Monroe Association for Retarded Citizens Wesley House Fiscal Year 2001 Funds Agreement between Monroe County and Monroe Council of the Arts to provide funding. Enclosed please find a duplicate original of each Agreement for your handling. Should you have any questions please feel free to contact this office. Cc: County Administrator wlo documents County Attorney Finance File AGREEMENT Wesley House This Agreement is made and entered into this J-/~day of .N~\/<-.(vlfSfiS.. 2000, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and WESLEY HOUSE, hereinafter referred to as "Provider." WHEREAS, the Board and the Provider desire to enter into an agreement wherein the Board contracts for services from the Provider for providing daycare, education and skill development to infant, toddler and pre-school age children in Monroe County and support services in Monroe County to subcontracted daycare centers to meet such needs for the citizens of Monroe County, Florida, and WHEREAS, such services have been provided by the Provider in the past and have been invaluable to the citizens of Monroe County, and WHEREAS, the Board recognizes the public purpose to be met by an agreement for services to be rendered in fiscal year 2000-2001, 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 rendering services to the citizens of Monroe County, Florida, in matters of education and skill development in regard to the care of children in Monroe County, shall pay to the Provider the sum of THIRTY-FIVE THOUSAND DOLLARS ($35,000.00) 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 2!reCilUen~ tff3n monthly as hereinafter set forth. Reimbursement requests will be submitted to ~ E[~anb/ia me Clerk's Finance Office. The County shall only reimburse, subject to the fundedQl;;t,G~.mtiibeIQ)\l, those reimbursable expenses which are reviewed and approved as comply~~~l:vith I Florida Statutes 112.061 and Attachment A - Expense Reimbursement Requiremen~~:,!;vicrenc6-Sjlf payment by the Provider shall be in the form of a letter, summarizing th~p~n5!le, ~h supporting documentation attached. The letter should contain a certification sta~t as"'"weltJls a notary stamp and signature. An example of a reimbursement request cover letp!r i~~inc1ideHs Attachment B. /~ rT1 C;; ;:0 After the Clerk of the Board examines and approves the request for reimbursement, ~e Board shall reimburse the Provider. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount of $35,000.00 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 satisfSctorily perform and carry out the duties of the Board in providing daycare, education and skill development for the children of Monroe County, Florida. Said services shall include, but are not limited to, those services described in Provider's Details of Specific Program For Which Funding is Requested, attached hereto as Exhibit C 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. Said services shall include, but are not limited to, those services described in Provider's funding application, attached hereto as Exhibit C and incorporated herein. 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 omjssion 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 demonstrate and sustain compliance with: (a) SOl(c)(3) Registration; (b) Board of Directors of seven or more; (c) Annual election of Officers and Director; (d) Annual provision of annual report to County; (e) Corporate Bylaws; (f) Corporate Policies and Procedures Manual; (g) Hiring policies for all staff; (h) Cooperate with County monitoring visits; and (I) Semi-annual performance reports to be presented to County. 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 amended by an agreement amendment, which must be approved in writing by the Board. 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 2 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: Monroe County Attorney PO Box 1026 Key West, FL 33040 and Louis laTorre, Social Services Director Public Service Building 5100 College Road Key West, FL 33040 For Provider: Joseph Barker, Executive Director WeSley House P. O. Box 1033 Key West, FL 33041-1033 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. 3 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. 4--=-- h~/~ ~ an j ;:: \~ ~ ) SS WHEREOF, the parties hereto have caused these presents to be executed as r first written above. BOA D OF COUNTY COMMISSIONERS OF ONROE COUNTY, FLOR D WESLEY HOUSE (Federal ID No. J""7 - 0 (p 2.. ~V6 / ) By ~~ f E ecutive Director fO jdconwesley 4 ATTACHMENT A Exoense Reimbursement Reauirements This document is intended to provide "basic" guidelines to Human Service Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from FS 112.061, which is attached for reference. A cover letter summarizing the major line items on the reimbursable expense request should also contain a certified statement such as: I certify that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners. Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expenses should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305/292-3528. Pavroll A certified statement verifying the accuracy and authenticity of the payroll expenses. If a Payroll Journal is provided, it should include: Payroll Journal dates, employee name, salary, or hourly rate, hours worked during the payroll journal dates, with holdings where appropriate, check number and check amount If a Payroll Journal is not provided, the following must be listed: Check number, date, payee, check amount, support for applicable payroll taxes Original vendor invoices must be submitted for Worker's Compensation and Liability insurance coverage. Teleohone Exoenses A user log of pertinent information must be remitted; the party called, the caller, the telephone number, the date, and the purpose of the call must be identified. Telefax. fax. etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Suoolies, services. etc. For supplies or services ordered, the County requires the original vendor invoice. Rents. leases. etc. A copy of the rental agreement or lease is required. Deposits and advance payments will not be allowable expenses. Postaae. overniaht deliveries. courier, etc. A log of all postage expenses as it relates to the County contract is required for reimbursement. For overnight or express deliveries, the original vendor invoice must be included. ATTACHMENT B HUMAN SERVICE ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street key West, Florida 33040 (Date) The following is a summary of the expenses for (Human Service Oraanization name) for the time period of to Check # Payee Reason Amount 101 A Company Rent $xxxx.xx 102 B Company Utilities $xxxx.xx 103 0 Company Phone . $xxxx.xx 104 Person A Payroll $xxxx.xx 105 Person B Payroll $xxxx.xx (A) Total $xxxx.xx ------- ------- (B) Total prior payments $xxxx.xx (C) Total requested and paid (A + B) $xxxx.xx (D) Total contract amount $xxxx.xx Balance of contract (0 - C) $xxxx.xx ------- ------- I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) STATE OF FLORIDA COUNTY OF MONROE SWORN TO AND SUBSCRIBED before me this _ day of , 200_ by (Event Contact Person) who is personally known to me presented as identification: Notary Public, State of Florida at Large My Commission Expires: Jdconhsoex /~-I.c . 21. Wesley House requests $35,000 in matching funds from Monroe County to pay for child care services for income eligible working families throughout Monroe County at over 80 program locations including licensed centers, schools, registered homes, exempt church programs and summer day camps. 22. This program addresses three critical needs: a. Financial subsidy to offer working income eligible families access to child care programs b. Access to child care/school readiness programs to assure that children experience developmentally appropriate educational opportunities c. Assures that Monroe County has the mandated local match for child care and be competitive with other communities. 23. Data to support this need includes: . a. 1015 children served from July 1998 to June 1999 and 700 children served during April 2000 alone. b. A wait list of 40 children c. According to 1998 U.S. Census data, there are approximately 800 more eligible children in Monroe County. 24. See Attachment 10 List of Child Care Programs 25. Measurable changes to accomplish this year a. Serve 40 more children countywide. b. Secure child care funding as an employer contribution to draw down state funds.