FY1994..10/20/1993 Agreement
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AGREEMENT
Agreement, made as of the 20th day of
October
, 1993,
between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
COUNTY, FLORIDA (the "Corporation")
FLORIDA (the "County") and BIG BROTHERS - BIG SIS~R&)OF ~ONROE
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WHEREAS, the Corporation is in need of financi~=:assiyanc~,
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and
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WHEREAS, the County has recognized the need 'ind:'wistes :~
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contribute to the Corporation, and
WHEREAS, the County recognizes that the services of the
Corporation constitute a service to the people of the County,
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 Corporation substantially and satisfactorily performing and
carrying children's services needed for the general welfare of
Monroe County, Florida, shall pay to the Corporation the sum of
Ten Thousand Dollars ($10,000) for fiscal year 1993-94.
2. ~. This Agreement shall commence October 1, 1993,
and terminate September 30, 1994, unless earlier terminated
pursuant to other provisions herein.
3. PAYMENT. Payment will be paid monthly as hereinafter
set forth. On or before the 15th of each month, the Corporation
shall submit to the Board its request for reimbursement.
Evidence of payment shall be in the form of cancelled checks
submitted by the Corporation to the Board. After the Clerk of
the Board examines and approves the monthly request for
reimbursement, the Board shall reimburse the Corporation.
However, the total of said monthly payments in the aggregate sum
shall not exceed the total amount of Ten Thousand Dollars
($10,000) during the term of this agreement.
4. SCOPE OF SERVICES. The Corporation, for the
consideration named, covenants and agrees with the Board to
substantially and satisfactorily perform and carry out
children's services, including companionship and development
services, to persons living in Monroe County, Florida.
5 . RECORDS. The Corporation 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 Corporation 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
2
subsequent
years
through new or
amended contracts,
the
Corporation shall be billed by the Board for the amount of the
audit exception and the Corporation shall promptly repay any
audit exception.
6.
INDEMNIFICATION AND HOLD HARMLESS.
The Corporation
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 rendered under
this agreement by the Corporation or any of its agents,
employees, officers, subcontractors, in any tier, occasioned by
the negligence or other wrongful act or omission of the
Corporation or its subcontractors in any tier, their employees or
agents. The first Ten Dollars ($10.00) of remuneration paid to
the Corporation is for the indemnification provided above. The
extent of liability is in no way limited to, reduced, or lessened
by the insurance requirements contained elsewhere within this
agreement.
7.
INDEPENDENT CONTRACTOR.
L
At all times and for all
purposes hereunder, the Corporation 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 Corporation or any
of its employees, contractors, servants or agents to be employees
of the Board.
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8. COMPLIANCE WITH LAW. In providing all services
pursuant to this agreement, the Corporation shall abide by all
statutes, ordinances, rules and regulations pertaining to or
regulating the provisions of, such services, including those now
in effect and hereinafter adopted. Any violation of said
statutes, ordinances, rules or 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 Corporation.
9.
PROFESSIONAL
RESPONSIBILITY
AND
LICENSING.
The
Corporation 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 Corporation's program and
staff.
10. INSURANCE. The Corporation shall obtain, prior to the
commencement of work governed by this agreement, at Corporation's
own expense, that insurance specified in the insurance schedules
attached hereto and incorporated herein by reference. The
Corporation will also insure that all subcontractors, in any
tier, have obtained the insurance as specified in the attached
schedules. The Corporation will not be reimbursed for any work
commenced prior to coverage with required insurance. The
Corporation will not be reimbursed for any services governed by
this contract until satisfactory evidence of the required
insurance has been furnished to the Board via either Monroe
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County's certificate of insurance or a certified copy of the
actual insurance policy. Delays in the commencement of work,
resulting from the failure of Corporation to provide satisfactory
evidence of the required insurance, shall not extend deadlines
specified in this agreement. The Corporation shall maintain the
required insurance throughout the entire term of this agreement.
Failure to comply with this provision may result in the immediate
termination of reimbursement.
The Board, at its sole option, has the right to request a
certified copy of any or all insurance policies required by this
agreement. If a certificate of insurance is provided, the
County-prepared form must be used. "Accord Forms" are not
acceptable.
All insurance policies must specify that they are not
subject to cancellation, non-renewal, material change, or
reduction in coverage unless a minimum of thirty (30) days prior
notification is given to the Board by the insurer. The standard
language of "endeavor to provide notification" is insufficient.
The acceptance and/ or approval of the Corporation's insurance
shall not be construed as relieving the Corporation from any
liability or obligation assumed under this agreement or imposed
by law.
Monroe County, Monroe County Board of County Commissioners,
its employees and officials shall be included as "additional
insureds" on all policies, except for worker's compensation.
Any deviations from these general insurance requirements
must be requested in writing on the County-prepared form entitled
5
"Request for Waiver or Modification of Insurance Requirements"
and approved by Monroe County's Risk Manager.
11. MODIFICATIONS AND AMENDMENTS. Any and all modifica-
tions 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 Corporation 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 Corporation.
13. NON-DISCRIMINATION. The Corporation shall not
discriminate against any person on the basis of 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 Corporation shall comply with all applicable laws and
regulations with regard to employing the most qualified person(s)
for positions under this agreement. The Corporation shall not
discriminate against any person on the basis of race, creed,
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color, national origin, sex or sexual orientation, age, physical
handicap, financial status or any other characteristic or aspect
in its providing of services.
14. AUTHORIZED
SIGNATORY.
The
signatory
for
the
Corporation, below, certifies and warrants that:
(a) The Corporation'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 Corporation is authorized to do
business in the State of Florida;
(b) He or she is empowered to act and contract for the
Corporation; and
(c) This agreement has been approved by the Board of
Directors of the Corporation,
if the Corporation 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:
Louis LaTorre
Monroe County Social Services Director
1315 Whitehead Street
Key West, Florida 33040
and
Monroe County Attorney
310 Fleming St., Rm. 29
Key West, Florida 33040
Big Brothers/Big Sisters
Post Office Box 505
Key West, Florida 33040
16. CONSENT TO JURISDICTION. This agreement shall be
construed by and governed under the laws of the State of Florida
For Corporation:
7
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 Corporation
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
Corporation. The Board shall not be obligated to pay for any
services or goods provided by the Corporation after the
Corporation 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 Corporation 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: DANNY L. KOLHAGE, CLERK
By ilakL C. ~~Z-d
Deputy C e
By
COUNTY COMMISSIONERS
COUNTY, FLORIDA
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W tnesse
BIG BROTHERS - BIG SISTERS OF
MONROE COUNTY, FLORIDA
BY~~~~_~
Execut1ve 1rector
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CUSTOMER ~ 10520 C E R T I FIe ATE 0 FIN SUR A NeE ISSUE DATE: 10/25/93
========================================================================================================================
PRODUCER I THIS CERTIFICATE IS ISSUED AS A HATTER OF INFORMATION ONLY AND CONFERS
JACK L. KIRBY INS. INC. NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES HOT AMEND1
4196 HERSCHEL STREET EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
JACKSONVILLE} Fl I
I COMPANIES AFFORDING COVERAGE
ZIP CODE 32210 I
I COMPANY LETTER A ST. PAUL BIG BRO.
---------------------------------------/ COMPANY LETTER B
INSURED I
MONROE COUNTY COMPANY LETTER C
BIG BROTHERS-BIG SISTERS I
P.O.BOX 505 I COMPANY LETTER D
KEY WEST} FL
ZIP CODE 33041 I COMPANY LETTER E
I
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I (- 3 - 7.3
DATE
fT\"~ i\ r (...~"__~~ 0 {L--
.. A..___~
========================================================================================================================
COVERAGES
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED, NOTWITHSTANDING ANY REGUIREMEHT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE HAY BE ISSUED OR HAY PERTAIHl THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT
TO ALL THE TERMSJ EXCLUSIONS I AND CONDITIONS OF SUCH POLICIES. lIMITS SHOWN HAY HAVE BEEN REDUCED BY PAID CLAIMS.
========================================================================================================================
CO POLICY POLICY
LTR TYPE OF INSURANCE POLICY NUMBER EFF. DATE EXP. DATE LIMITS
========================================================================================================================
IGENERAL LIABILITY I GENERAL AGGREGATE $ 1/000/000
AI (X) COMMERCIAL GENERAL LIABILITY B800600011 01/21/93 01/21/94 PRODUCTS-COHP/OP AGG. $ 11000/000
( ) CLAIMS HADE (X) OCCUR. PERSONAL & ADV. INJURY . 500JOOO
I (< )> OWNER.S & CONTRACTOR'S PROT. I EACH OCCURRENCE $ 500/000
FIRE DAMAGE (ANY ONE FIRE) $ 501000
I ( ) I MED. EXPENSE (ANY ONE PERS) $ 5/000
---~----~~---------------~--------~---~--------------~------~-----~-~---~-------------~-~-------~---~------------~------
/AUTOHOBILE LIABILITY I I
A () ANY AUTO BB00600011 01/21/93 01/21/94 I COMBINED SINGLE LIMIT $
, ( ) ALL OWNED AUTOS
I ( ) SCHEDULED AUTOS I I BODILY INJURY (PER PERSON) $
I (X) HIRED AUTOS I J
(X) NON-OWNED AUTOS I J BODILY INJURY (PER ACe) $ 500,000
f ( ) GARAGE LIABILITY' I
I ( ) I APPROVED BY _ _N.cEMENT I PROPERTY DAMAGE $
--'IE~C~S~~~~~fl~I~~~~-------------------II--;;~~~----------f-~:~:-~~~~~;~~~~-------------~-----------
( ) OTHER THAN UMBRELLA FORM -~t - 3 ' q.3 / I AGGREGATE $
--'l--~~;~~;~~-~~~;~~;:~;~:--------------/,--:::r~.~ ~~-~------I-~:~~-~i~I~~~~Y-LIHITS-------;-----------
AND J DISEASE-POLICY LIMIT $
/ EMPLOYER'S LIABILITY / / DISEASE-EACH EMPLOYEE $
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I OTHER I I
/ / I
I I I
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DESCRIPTION OF OPERATIONS/LOCATIOHS/VEHIClES/SPECIAl ITEMS
HEREBY ADDED AS FUNDING GRANTOR - ADDITIONAL PROTECTED PERSONS.
MONROE COUNTY! MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, ITS EMPLOYEES AND
OFFICIALS
========================================================================================================================
CERTIFICATE HOLDER f CANCELLATION
MONROE COUNTY/ MONROE COUNTY I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
BOARD OF COUNTY COMHISS I EXPIRATION DATE THEREOF} THE ISSUING COMPANY WILL ENDEAVOR TO HAIL
POST OFFICE BOX 505 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
KEY WEST FLORIDA I BUT FAILURE TO HAIL SUCH NOTICE SHALL IHPOSE NO OBLIGATION OR LIABILITY
ZIP CODE 33041 OF ANY KIND UPON THE COH'AHY, ITS AGENTS OR RE RESENTATIVES.
----------------------------------------------------------------- - -------------------- --- -------------------------
I AUTHORIZED REPRESENTATI ·
I JACK L. KIRBY
COpy
COMMERCIAL GENERAL LIABILITY PROTECTION
.. COVERAGE SUMMARY
';Oul
This Coverage Summary shows the limits of
coverage that apply to your Commercial
General Liability Protection. It also lists those
endorsements, if a'ny, that must have certain
information shown for them to apply.
Limits Of Coverage
IMPORTANT NOTE:
General total limit.
$1,000,000
Retroactive Date:
Products and completed
work total limit.
$1,000,000
Personal injury
each person limit
$500,000
The retroactive date appl ies only if the
Commercial General Liability Protection -
Claims-Made insuring agreement is a part of
this policy.
Advertising injury
each person limit.
$500,000
$500,000
$100,000
$5,000
However, if no date is shown above and the
claims-made agreement applies, we'll consider
the retroactive date to be the same as the
beginning date of this policy.
Each event limit.
Premises damage limit.
Medical expenses limit.
Named Endorsement Table
\. Important Note: Only endorsements that must have certain information shown for them to apply
are named in this table. The required information follows the name of each such endorsement.
Other endorsements may apply too. If so, they're listed on the Policy Forms List.
Funding Grantor Endorsement - Additional Protected Persons
Funding Grantor
Monroe County, Monroe County Board of County
Commissioners, Its Employees and Officials
P.O. Box 505
Key West FL 33041
Name of Insured
BB/BS OF MONROE COUNTY
Policy Number BB00600011 Effective Date 05/04/93
Processing Date 05/13/93 09:45 002
47110 Ed.4-91 Printed in U.S.A. Coverage Summary
c>St.Paul Fire and Marine Insurance Co.1991 All Rights Reserved
Page
COpy
.POLICY CHANGE ENDORSEMENT
.
.8ul
(
This endorsement summarizes the changes to
your policy. All other terms of your policy not
affected by these changes remain the same:
How Your Policy Is Changed
GENERAL LIABILITY
Form Information:
The Endorsement(s) Named Below Is Added:
Funding Grantor Endorsement - Additional Protected Persons
Premium Change Which Is Due Now
Additional premium
$25.00
Returned Premium
If issued after the date your policy
begins, these spaces must be completed
and our representative must sign below.
Policy issued to
BB/BS OF MONROE COUNTY
Authorized representative
Endorsement takes effect
05/04/93
Processing Date: 05/13/93
Policy Number
BB00600011
09:45 002
40704 Ed.5-84 Printed in U.S.A.
@St.Paul Fire and Marine Insurance Co.1992
Endorsement
Page
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