FY2010 10/21/2009DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DA TE: October 26, 2009
TO: Tina Boan, Sr. Budget Director
FROM: Pamela G. Hanc k, C.
At the October 21, 2009, Board of County Commissioners meeting he Board ranted
g g
approval and authorized execution of the following Contracts with non-profit service
organizations funded by the County Commission for Fiscal Year 2010:
Big Pine Athletic Association, Inc., in the amount of $44,000.
Heart: of the Keys Recreation Association, Inc., in the amount of $30,400.
Monroe Council of the Arts Corporation, d/b /a Florida Keys Council of the Arts in the
amount of $57,000.
The Historic Florida Keys Foundation, in the amount of $28,500.
The Florida Keys Wild Bird Rehabilitation Center, Inc., in the amount of $5,000.
The Marathon Wild Bird Center, Inc., in the amount of $5,000.
Upper Keys Community Pool, Inc., d/b /a Jacobs Aquatic Center of Key Largo, o , in the
amount of $180,000.
he Young Men's Christian Association of Greater Miami, Inc., d/b /a YMCA of Greater
Miami, in the amount of $11,400.
Enclosed is a duplicate original of each of the above - mentioned for . our handling.
g
Should you have any questions, please feel free to contact our office.
cc: County Attorney
Finance
File/
AGREEMENT
This Agreement is made and entered into this 21st day of October, 2009, between the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as
"Board" or "County," and The Young Men's Christian Association of Greater Miami, Inc. d /b /a
YMCA of Greater Miami, hereinafter referred to as "Provider."
WHEREAS, the Provider is a not - for - profit corporation that provides youth programs, and
WHEREAS, it is a legitimate public purpose to provide youth programs, such as after -
school care, summer camp, sports and tennis at the Key Largo Community Park, now, therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed
as follows:
FUNDING
11 AMOUNT OF AGREEMENT, The Board, in consideration of the PROVIDER
substantially and satisfactorily performing services for activities for the wholesome development
of youths' personal, social, physical, and emotional growth in Monroe County, Florida, shall pay to
the PROVIDER the sum of ELEVEN THOUSAND, FOUR HUNDRED, AND NO /100 DOLLARS
($11,400.00) for fiscal year 2009 -2010.
2. TERM. This Agreement shall commence on October 1, 2009, and terminate September
30, 2010, unless earlier terminated pursuant to other provisions herein.
3. PAYMENT. Payment will be made 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 Monroe County Code
of Ordinances,, State laws and regulations 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
notarized certification statement. An example of a reimbursement request cover letter is included
as Attachment B. The organization's final invoice must be received within thirty 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 shown in Article 1, above,
during the term of this agreement.
4. 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.
S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall
be, and is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
6. 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.
Contract - YMCA Upper Keys FY10; page 1
RECORDKEEPING
7. RECORDS. PROVIDER shall maintain all books, records, and documents direct!
pertinent to performance under this Agreement in accordance with en r g
principles consistent) a pplied. 9 e ally accepted accounting
y pp ed. Each party to this Agreement or their authorized representatives
shall have reasonable and timely access to such records of each other a to this Agre P �Y g ement for
public records purposes during the term of the Agreement and for four ears following g the
termination of this Agreement. If an auditor
employed by the County or Clerk determines that
monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized b
this Agreement, the PROVIDER shall repay the monies together with intere Y
9 e est calculated pursuant
to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER.
8, PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access
to, and inspection of, all documents, papers, letters or other materials in its ossession or under
its control subject to the provisions of Chapter 119 Florida
p orida Statutes, and made or received by the
County and PROVIDER in conjunction with this Agreement; and the Count shall have the cancel this Agreement upon violation of y e right to
p this provision by PROVIDER.
9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the
COUNTY the following (items A -I must be provided prior to the payment of an invoice
: )
(a) IRS Letter of Determination indicating 501(c)(3) status;
(b) List of the Organization's Board of Directors of which there must be five or more; for each
board member please indicate when elected to serve and the length of term of service;
(c) Evidence of annual election of Officers and Directors;
(d) Unqualified audited financial statement from most recent fiscal ear for all organizations
ear or more • if qualified, Y • •
that expend $150,000 a
Y include a statement of deficiencies with
corrective actions recommended /taken;
(e) IRS Form 990 from most recent fiscal year for all organizations;
(f) Organization's Corporate Bylaws, which must include the organization's mission board
and p rocess a d
and membership composition,, p cess for election of officers;
(g) Organizations Policies and Procedures Manual which must include hiring policies for
staff, drug and alcohol free workp g P o all
p ce provisions, and equal employment opportunity
provisions;
(h) Specific description or list of services to be provided under this contract with this g r ant
(see Attachment C);
(i) Initial Performance Report describing services provided during he prior fiscal ear. Th
g P Y e
performance reports shall include
statistical information regarding the types and
frequencies of services provided, a profile of clients (including residency) nd numbers
served, achieved.
and outcomes achi y)
(j) Final Performance Report describing services rendered during he current rant period
s after g 9 p od (to
be furnished within 30 days the contract end date.) The performance reports shall
include statistical information regarding the types and frequencies of services rovided a
profile of clients (including residency) and numbers P
• cY) served, and outcomes achieved.
(k ) Cooperation with County monitoring visits that the County may request during the n
year; and Y q 9 contract
(1) Other reasonable reports and information related to compliance with applicable P pp l aws,
contract provisions and the scope of services that the County may request during he
contract year. g
RESPONSIBILITIES
10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and
agrees with the Board to substantially and satisfactorily perform and provide the services outlined
In Attachment C to residents of Monroe County, Florida.
Contract - YMCA Upper Keys FYI 0; page 2
11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event
any cause of action or administrative proceeding i initiated g
p g s initiated or defended by any party relative to
the enforcement or interpretation of this Agreement, the prevailin a shall be '
's fees court g party entitled to
reasonable attorney's costs, investigative, and out -of- pocket expenses, as an award
against the non - prevailing party, and shall include attorney's fees, courts costs investigative, an
appellate proceedings. - • ' g d
out -of- pocket expenses in a
pp p gs. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
12. BINDING EFFECT. The terms, covenants, conditions, and rovisions of this
Agreement shall bind and inure to the benefit of the C p
County and PROVIDER and their respective
legal representatives, successors, and assigns.
139 CODE OF ETHICS. County agrees that officers and employees of the Count
recognize and will be required to comply with the y
p Y standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding,, not limited
acceptance of gifts; doing business with g' to,
solicitation or a
• , 9 h one s agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and disclosure or
use of certain information.
14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that in respect
to itself, it has neither employed nor retained an e p
Y company y or person, other than a bona fide
employee working solely for It, to solicit or secure this Agreement and that it has not ai
reed to a any p d o r
agreed pay y person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making f this Agreement. 9 g Bement. For the breach or
violation of the provision, the PROVIDER agrees that the County shall have the right to terminate
and at its discrete 9
this Agreement without liability on, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
15. 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.
COMPLIANCE ISSUES
16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement the
PROVIDER shall abide by all statutes, ordinances rules an g '
d regulations pertaining to or regulating
the provision of such services, including those now in effect and hereinafter ado
violation of said statutes ordinances rules adopted. Any
es and regulations shall constitute a material breach of
this agreement and shall entitle the Board to terminate this contract immediately upon delivery f
written notice of termination to the PROVIDER. ry
17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure
that all professionals have current and appropriate professional licenses
insurance coverage. Funding b and professional liability
9 g y the Board is contingent upon retention of appropriate local, state
and /or federal certification and /or licensure of the PROVIDER'S program and staff.
18. NON - DISCRIMINATION. County and PROVIDER agree that there will b
against an a no
discrimination a
9 y person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
a g at tally
terminates without any further action on the
part of any party, effective the date of the court
order. County or PROVIDER agree to comply with all Federal and Florida statutes and
ordinances, as applicable, relating o nondiscrimin all local
9 nondiscrimination. These include but are not limited to: 1)
Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on th
race, color or nations! origin; 2 Title IX of the basis of
e Education Amendment of 1972, as amended (20
Contract - YMCA Upper Keys FY10; page 3
USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis f •
Section 504 of the Rehabilitation Act of 1 o sex, 3}
973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975 as amend
USC ss. 6101 -6107 which prohibits i � ame (42
p s d scr�m�nat�on on the bans of age; 5) The Drug Abuse Office
and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention Treatment and
Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 42 USC
ss. 690dd -3 and 290ee -3 as amen (
), amended, relating to confidentiality of alcohol and drug abuse
patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended
relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time relating o
nondiscrimination on the basis of disability; 10 An other non • i g
tY ) Y nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter of this
Agreement. '
AMENDMENTS, CHANGES, AND DISPUTES
19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services
and /or reimbursement of services shall be accomplished by an amendment, which must be
approved in writing by the COUNTY.
20. AD3UDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER
agree that all disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If no resolution can be on
agreed u
within 30 days after the first meet and confer session the P
of the Board e issue or issues shall be discussed at a
public meeting a d of County Commissioners. If the issue or issues are still not resolved
to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy
as may be provided by this Agreement orb Y Florida law.
21. COOPERATION. In the event any administrative or legal proceeding s instituted
against either g
9 party relating to the formation, execution, performance, or breach of this
Agreement, County and PROVIDER agree to participate, to the extent required b the other a
in all proceedings, hearings, p rocesses, , m Y party.,
.g. ' p meetings, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. County nd PROVIDER
specifically ag that no art �
9 party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
ASSURANCES
22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in an Ag reement. , and that Y manner
or degree with its performance under this A g at only interest of each is to perform
and receive benefits as recited in this Agreement.
23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing
prior written a P g
and with the
P approval of the Board, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This agreement shall b e
incorporated by reference into an ass 9 nment an g d 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. g P
Contract - YMCA Upper Keys FY10; page 4
24, NON- WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28
Florida Statutes, the participation of the County and the PROVIDER in this Agreement and th
insurance g e
acquisition of any commercial liability coverage self- insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immuni to the
extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver. q
25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County Crime Statement may
reasonably require, to include a Public Entity , an Ethics Statement, and aDrug-
Free Workplace Statement.
26. AUTHORITY. Each party represents and warrants to the other that the execution
delivery and performance of this Agreement have been duly authorized by Y all necess '
Y
and corporate action, as required b law. ry
INDEMNITY ISSUES
27. INDEMNIFICATION AND HOLD HARMLESS, The PROVIDER covenants and agrees
to indemnify and hold harmless Monroe County oard of County
ty ty Commissioners from any and all
claims for bodily injury (including death), personal injury, and property damage Monroe C g (including
property owned b
y County) and any other losses, damages, and expenses (including
attorneys fees) which arise out of, in connection with, or by reason of services provided b the
PROVIDER occasioned by the negligence errors wrongful act or omission of other wr y
f the
PROVIDER'S employees, agents, or volunteers.
28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability,,
exemptions from laws, ordinances, and rules and p ensions n disability,
p and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties f g
o such officers, agents, volunteers, or
employees outside the territorial limits of the County.
29, NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual cap and no
p Y, ember, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability r
9
accountability by reason of the execution of this Agreement.
Y
34. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non - Delegation of Constitutional
or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving n
responsibility i g Y
participating entity from any obligation or res
p y p ed upon the entity by law except to
the extent of actual and timely performance thereof by any participating entity,, in which case the
performance may be offered • �
y d in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the Count x g
County e to the extent permitted by the Florida
constitution, state statute, and case law.
31. NON- RELIANCE BY NON - PARTIES. No person or entity shall be entitled to rely
upon the terms of this Agreement to enforce or attemp to enforc
p o ce any third -party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the Count and
the PROVIDER agree that neither the Count nor the PROVIDER r Y
Y o any agent, officer, or employee
of either shall have the authority to inform, counsel, or otherwise indicate that an articular
individual or group of individuals, entity r entities have entitle Y p
Y t ements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
Contract - YMCA Upper Keys FYI 0; page 5
GENERAL
32. Execution in Counterparts. This Agreement may be executed in an number of
counterparts, each of which shall be regarded as an on y
9 original,, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this
Agreement by signing any such counterpart.
33. 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:
Grants Administrator and
1100 Simonton Street
Key West, FL 33040
Monroe County Attorney
PO Box 1026
Key West, FL 33041
Fo�rPROVIDER
Executive Director
Steve Gimene2, COO
YMCA OF GREATER MIAMI, INC.
1200 NW 78 Ave
Suite 200
Miami, FL 33126
34, GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This
Agreement shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will
lie in the appropriate court or before the appropriate administrative body in Monroe Coun
Florida.
The County and PROVIDER agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding,
9
35. 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
ered as a continuing waver and
shall not operate to bar or prevent the Board from declaring a forfeiture for an succeeding
breach, otherwise.
either of the same conditions or covenants or oth y
36. SEVERABILITY. If any term, covenant, condition or provision of this or
the application thereof to an Ag reement circumstanc g t
y ce or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms, covenants conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining erm
covenant, condition and provision of this Agreement shall g
9 be valid and shall be enforceable to the
fullest extent permitted by law unless the enforcement of the remaining erms covenants
Agreement conditions and provisions of this A w g
g would prevent the accomplishment of the original
intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace
any stricken provision with a valid provision that g p
p comes as close as possible to the intent of the
stricken provision.
37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the
parties hereto with respect to the subject matter hereof and supersedes any and all rior
ER and the Board
agreements with respect to such subject matter between the PROVID p
.
Contract - YMCA Upper Keys FYI 0; page 6
[THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW]
Contract - YMCA Upper Keys FYI 0; page 7
r
WHEREOF, the parties hereto have caused these r
y �r�,� , p esents to be executed as
o -� �st written above.
r
-- s , BOARD OF COUNTY COMMISSIONERS
!?iAGE, CLERK OF MO ROE COUNTY FLORIDA
e a .
B
B y
eputy Clerk Mayor /Chairman
i
witness
fi
'J
witness
YMCA of Greater Miami, Inc.
(Federal ID No. 5qv &L-)
nt
MONROE COUNTY ATTOIr N,,
,,APPROVED AS TO FORM:
CHRISTINTE M. LIMBBRT•BARROWS
ASSISTA T Cfl 'NTY ATTORNEY
Date
Contract - YMCA Upper Keys FY10; page 8
YMCA OF GREATER MIAMI
ATTORNEY �le� & el Al
DATE 89
YMCA
DATE
-
-.t .�,
C
`.�
.z.
ATTACHMENT A
Expense Reimbursement Requirements
This document is intended to provide basic guidelines to Human Service and Community-
Based Organizations, count travelers, y
9 y e ers, and contractual parties who have reimbursable
expenses associated with Monroe County business. These guidelines, as they relate to
travel, are from the Monroe County Code of ordinances and State laws and regulations.
A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense
certified statement:
request needs to also contain the following notarized certifi p
"I certify that the above checks have been submitted to the vendors as noted and 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 and will not be submitted for reimbursement to an other
funding source." y
Invoices should be billed to the contracting agency. Third party payments will not be considered
for reimbursement. Remember, the expense 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 -3534.
9 g
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter- company allocations are not considered
reimbursable expenditures unless appropriate payroll journals for the charging department are
attached and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If
a Payroll Journal is provided, it should include: dates, employee name, salary or hour) rate total
hours worked, withholding information and payroll taxes c y
p y heck number and check amount. If a
i
Payroll Journal s not provided, the following information must be provided: pay period check
amount check number, date, support for applicable payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for reimbursement.
For overnight or express deliveries, the vendor invoice must be included.
Rents, Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance payments are not
allowable expenses.
Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for reimbursement. The
log must define the date, number of copies made, source document, purpose, and recipient. A
reasonable fee for co p
copy expenses will be allowable. For vendor services, the vendor invoice and a
sample of the finished product are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
Contract - YMCA Upper Keys FY1 D; page 9
Teletax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient,, the date the
ax.
number called, and the reason for sending the f P
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the caller, the
telephone number, the date, and the purpose of the call.
Travel and Meal Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel
Expenses. Travel reimbursement requests must be submitted and will be aid in accordance with
Monroe County Code of Ordinances and State law • P
sand regulations. Credit card statements are
not acceptable documentation for reimbursement. If attending a conference or meeting are reimbursement requires t a co • copy of
the agenda is needed. Airf
• q he original passenger receipt portion of
the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental
reimbursement requires the vendor invoice. Fuel purchases should be documented with aid
a
receipts. Taxis are not reimbursed if taken to arrive at a de P
departure point: for example, taking a
taxi from one's residence to the airport for a business trip is not reimbursable. Parkin is
considered a reimbursable travel ex ense at the destination. g •
trip is not.
P n. Airport parking during a business
A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room
must be registered and paid for by traveler. The County will only reimburse the actual room and
related bed tax. Room service, movies, and personal telephone calls are not allowable expenses.
Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM
MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading
must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a
residence or office to a point of departure. For example, driving from one's home to the airport
P
for a business trip is not a reimbursable expense.
P
Meal reimbursement shall be at the rates established b ARTICLE XXVI TRAVEL PER ER DIEM,
MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal uidelines state
that travel must begin prior to 6 a.m. for breakfast ' g
st eimbursement, before noon and end after 2
p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement.
Non - allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay expenditures unless
specifically included in the contract), contributions, depreciation expenses (unless specifically
included in the contract), entertainment expenses,, fundraising,, P y
p non - sufficient check charges,
penalties and fines.
Contract - YMCA Upper Keys FY10; page 10
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for ( Organization name for the time period
of to p
Check # Payee Reason Amount
101 Company A Rent $ X,XXX.XX
102 Company B Utilities XXX.XX
104 Employee A P/R ending 05/14/01 XXX.XX
105 Employee B P/R ending 05/28/01 XXX.XX
(A) Total I X6XXX -XX
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX
(D) Total contract amount $ X,XXX.XX
Balance of contract (D -C) I X.XXX.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 Count Board
reimbursement e to any other funding
of County Commissioners and will not be submitted for r ' y
source.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this day of 200_ by
who is personally known to me.
Notary Public
Notary Stamp
Contract - YMCA Upper Keys FY10; page 11
ATTACHMENT C
Services to be provided:
(Insert a description of your organization including a list of the services that will be provided by
your organization under this contract.)
The YMCA's programs incorporate the core values of respect, responsibility
caring, '14nd:= _honesty; through these _values we are able to assist each child in
makingpositive lifetime decisions. Programs offered include: After - school
programmip g, summer camp and school recess camp, and youth sports.
Contract - YMC4 Upper Keys FY10; page 12
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a ublic
entity, may not submit a bid on a contract with a public entity for t • p
p y e construction or repair of a
Public building or public work, may not submit bids on leases of real property o public enti ty,
perform work as a co y P ��
may not be awarded or
P con tractor,, supplier, subcontractor, or consultant under
a contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount rovided in Section
P 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
Contract - YMCA Upper Keys FY10; page 13
SWORN STATEMENT UNDER ORDINANCE NO. 10 -1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
YMCA of Greater Miami warrants that he /it has not employed, r
its behalf an f retained or
otherwise had act on his
/its y f ormer County officer or employee in violation of Section 2
of Ordinance No. 10 -1990 or any County officer or employee in violation of Section 3 of Ordinance
No. 10 -1990. For breach or violation of this provision the County may, in its discretion terminate
this contract without liability and may also, in its discretion, deduct from the contract or urchase
y mission, percentage, gift, or
price, or otherwise recover, the full amount of an fee c p
consideration paid to the former County officer or employee.
signature)
Date:
STATE OF
courv of _ '�)
P R NALLY' APPEARED EFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his /her
ature (name of individual signing) in the space provided above on this �_ day of
20-C
NOTARY PUB C
My commission expires:
OMB - MCP FORM #4
Vsk MNIETTE OMUS
W 00WAIS M � OD 888
' EXPIRES: September S, 20
0 0 - - Bowed Tieu M"M7- Pd* Undei
Contract - YNCA Upper Keys FYI 0; page 14
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
YMCA of Greater Miami
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's oli of
maintaining a drug -free workplace, an available drug • • p
p Y ug counseling, rehabilitation,, and employee
assistance programs, and the penalties that may be Imposed upon employees for drug abuse
violations.
3. Gives each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide b
t and will notify the employer of an con y
the terms of the statement fY y ict�on of, or plea of guilty or
nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than five
(5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is
so convicted.
6. Makes a good faith effort to continue to maintain a drug -free workplace through
implementation of this section. g
As the person authorized to sign the statement, I certify that this firm complies fully with the
above re irements.
STATE •F
couNrY
(Signature of Respondent)
�') ,boy
Date
ERSONALL,Y' APPEARED EFORE MEfthe undersigned authority,
who, after first being sworn by me, (name of
individual signing) affix his /her signature in the space provided above on this
1 _ da of v 20QZ.)
My commission expires:
NOTARY PUBLIC
Contract - YMCA Upper Keys FY10; page 15
##VM GENTLES
. IVnrc�or IlSSlo�l.# o0 80M
EXPIRES: September 8 2013
8W49d 1WU N01Wy Pubic W dWti W
. •
Morgan, Lewis & Bockius LLP Uzw
5300 Wachovia Financial Center
200 South Biscayne Boulevard c o v H s E L o R s AT LAW
Miami, FL 33131 -2339
Tel: 305.415.3000
Fax: 305.415 3001 '
www.morganlewis.com
Anthony P. Vernace
Associate
305.415.3392
avemaceQmorganlev is.com
February 1 8, 2009
VIA EXPRESS MAIL
Amendment Section
Division of Corporations
P.O. Box 6327
Tallahassee, FL 32314
Re: Articles of Amendment and Amended and Restated Articles of Incorporation of The
Young Men's Christian Association of Greater Miami, a/k/a The Young Men's Christian
Association of Greater Miami. (Florida), d/b/a The YMCA of Greater Miami ( "YMCA ")
Dear Sir/Madam:
Please file the enclosed documents with the Florida Department of State, Division of
Corporations, in the following order: (1) Articles of Amendment of the YMCA; and (2)
Amended and Restated Articles of Incorporation of the YMCA. Please also send me certified
copies of each document in the enclosed self- addressed pre -paid Federal Express envelope. I
have enclosed this firm's check in the amount of $87.50, payable to the Florida Department of
State, for the required fee for filing two articles of amendment and obtaining two certified
copies. Please do not hesitate to contact me should you have any questions or comments. Thank
you.
Sincerely,
( vzow*—���
Anthony P. Vernace
Enclosures
cc: Robert W. Murray, Esq.
DB 1162603463.1
. 1
1
Articles of Amendment
to
Articles of Incorporation
of
Jhe Young-Men' Christian A �a inn of rea er Mi a , , �, ,
Name of CorAoration as currently filed with the Florida Dept. of State) '�� � _ /
��
...__ ._... —_
706855 y q
(Document Number of Corporation (if known) ,
Pursuant to the provisions of section 617.1006, Florida Statutes, this Florida Not For Profit Corporatiole 0 is s�
the following amendmcnt(s) to its Articles of Incorporation:
O�
A. If amending name, enter the new name of the corporation: .
The Youna Men's Chr Ass ociation ' _ of greater Miami, Inc.
The new name must be distinguishable and contain the word 4 # corporation or "incorporated" or the
abbreviation "Corp. " or " Inc. " "CogWany" or "Co. " may not be used in the name
B. Enter new principal office address, if anulicable:
(Principal ofce address MUST BE A STREET ADDRESS )
C. Enter new mailing address, if noolicable:
(Mailing address MA Y BE A POST OFFICE BOX}
D. If amending the registered agent and /or registered office address in Florida, enter the name of the
new registered agent and/or the new registered office address:
Name of New Re -gistered Agent
New Re istered Office Address
(Florida street address)
(City)
Florida
(Zip Code)
New Registered Agent's Signature, if chanaine Registered Agent:
I hereby accept the appointment as registered agent. 1 am familiar with and accept the obligations of the
position.
Signature of New Registered Agent, if changing
Page 1 of 3
•' It amendinp. the Oft3cers and/or Directors enter the title and name of each officer /director beinp.
removed and title, name, and address of each Officer and/or Director being added:
(Attach additional sheets, if necessary)
T_ N._ m_e Address Type of Action
❑ Add
D Remove
❑ Add
D Remove
❑ Add
D Remove
E. If amending or adding additional Articles, enter change(s) here
(attach additional sheets, if necessary). (Be specific)
I -
Page 2 of 3
•' The date of each amendmen adoption: February 1 7, 2009
Effective date if aRBlica, ble: Upon filing
(no more than 90 days a, f der amendment frl e date)
Adoption of Amendment(s) (CHECK ONE)
The amendment(s) was /were adopted by the membcrs and the number of votes cast for the amendment (s
was/were sufficient for approval.
❑ There are no members or members entitled to vote on the amendment(s). The amendments was/were
adopted by the board of directors.
Dated O� f
Signature
(By the chairma/ory ch irman of the board, president or other off cer -if directors
have not been sey an incorporator — if in the hands of a receiver, trustee, or
other court appouciary by that fiduciary)
Gilberto Neves
(Typed or printed name of person signing)
Chair
(Title of person signing)
Page 3 of 3
i
r
(Requestor's Name)
(Address)
(,Address)
(City /State2ip /Phone ##)
PICK -UP ID WAIT 1.1 MAIL
(Business Entity Name)
(Document Number)
Certified Copies Certificates of Status
Special instructions to Filing Officer.
Office Use Only
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