FY1996..11/21/1995 Agreement
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BRANCH OFFICE
3117 OVERSEAS IDGHWAY
MARA lHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
M E M 0 RAN DUM
To:
James Roberts, County Administrator
Attn: Dee Lloyd, Grants Management
From:
Isabel C. DeSantis, Deputy Clerk ~.~.~.
March 1, 1996
Date:
=================================================================
As you know, at the November 21, 1995 meeting, the Board granted
approval and authorized execution of an Agreement between Monroe
County and the Big Pine Key Athletic Association, Inc.
Attached hereto is a fully ~xecution duplicate original of the
above document for return to the Provider.
Should you have any questions concerning this matter, please do
not hesitate to contact this office.
CC: County Attorney
Finance
File
~
AGREEMENT
This Agreement is made and entered into this -llll day of 1?~
1995, 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 ~"1
Eighteen Thousand Dollars ($18,000.00) for fiscal year 1995-96.
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2. TERM. This Agreement shall commence on October 1, 1995,
and terminate September 30, 1996, 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.
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 $18,000.00 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 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.
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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
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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 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.
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.
10. MODIFICATIONS AND AMENDMENTS. Any and all modifi-
cations of the services and/or reimbursement of services shall be amended by an
agreement amendment, which must be approved in writing by the Board.
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11. 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.
12. 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.
13. AUTHORIZED SIGNATURES. The signatory for the Provider below,
certifies and warrants that:
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(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.
14. 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:
John Carter, Director
Office of Management and Budget
Public Service Building
5100 College Road
Key West, Florida 33040
and
Monroe County Attorney
310 Fleming Street, upstairs
Key West, Florida 33040
For Provider:
Keith Jones
President
Big Pine Key Athletic Association
P. O. Box 89
Big Pine Key, Florida 33043
15. 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.
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16. 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.
17. 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.
18. 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.
19. 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.
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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: -6'~~1.(~~~"'r J
. . ' epu~Clerk
~
By:
_.,. ..... ...... .. ..,..... .....
~6-J ~S~. rY2!1f
Witness \
BIG PINE KEY ATHLETIC
ASSOCIA TION
(FederallD No. 6'e/ ;;J-J,S5 'j,-C)}
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Witness
By
b/CONS/bpkaa.doc
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ATrACBMENT A
ESpeRH ~eBt lleq.i....e.tI
This document is intended to provide "basic" guidelines to Human Service Organizations, county
travellers, and contractual parties who have reimbursable expenses associated with Monroe
County business. These guidelines, as they relate to travel, are from Florida Statute 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 expense should be paid prior to requesting a reimbursement.
Only current charges will be considered, DO 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 Stephanie Griffiths at 305-292-3528.
Payroll:
A certified statement verifying the accuracy and authenticity of the payroll expenses.
If a Payron Journal is provided, it should include:
Payroll Journal dates
employee name, salary, or hourly rate
hours worked during the payroll journal dates
withholdings 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.
TeleplaeBe espe...:
A user log of pertinent information mult be remitted: the party called, the caller, the telephone
number, the date, and the purpose of the call must be identified.
Telef.x, 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.
Supplies, 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.
Peltaae, .ve....ipat 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.
Reproduetioal, copies, etc.:
A log of copy expenses as it relates 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 copy expenses wiD be allowable. For vendor services, the original vendor
invoice is required and a sample of the finished product.
Travel espeRsa: pIeue refer to Florida Statute 112.061.
Travel expe..es ...t be submitted OR . State of Florida Voucher for Reimbunemeat of
Travel EXpeBses. Credit card statements are not acceptable documentation for reimbursement.
Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A
travel itinerary is appreciated to facilitate the audit trail.
Auto rental reimbursement requires the original vendor invoice. Fuel purchases should be
documented with original paid receipts.
Original taxi receipts should be proVided. However, reasonable fares will be reimbursed without
receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a
taxi from one's residence to the airport for I business trip is not reimbursable.
OriainaJ toU receipts should be provided. However, reasonable tolls will be reimbursed without
receipts.
Parking is considered a reimbursable travel expense at the destination. Airport parking during a
business trip is not.
Lodging reimbursement requires a detail listing of charges. The original lodging invoice must be
submitted. The County will only reimburse the actual room and related bed tax. Room service,
movies, and personal telephone calls (see previous guidelines) are not allowable expenses. Per
diem lodging expenses may apply. Again, refer to Florida Statute 112.061.
Meal reimbursement is breakfast at $3.00, lunch at $6.00, and dinner at $12.00. Meal guidelines
are that travel must begin prior to 6 am for breakfast reimbursement, before noon and end after
2pm for lunch reimbursement, and before 6pm and end after 8 pm for dinner reimbursement.
Mileage reimbursement is calculated at 20 cents per mile for personal auto mileage while on
county business. Effective October 1, 1994, mileage will be reimbursed at 25 cents per mile. An
odometer reading must be included on the state travel voucher for vicinity travel. A mileage map
is attached for referenu to allowable miles from various Florida destinations.
Mileage is not allowed from a residence or office to a point of departure: for example, driving
from one's home to the airport for a business trip is not a reimbursable expense.
Data Preceuilal, PC o.e, etc.:
The oriainal vendor invoice is required for reimbursement. Intercompany allocations are not
considered reimbursable expenditures unless appropriate payroll journals for the charging
department (see Payron above) are attached and certified.
The f.willl eIpeBsa are Dot dowable for reimbunement:
penalties and fines
non-sufficient check charges.
fundraising
contributions
capital outlay expenditures (unless specifically included in the contract)
depreciation expenses (unless specifically included in the contract)
SGRIFFITHS
WP51\PROCEDUR\EXP REIM
3. P A DENT. Payment will be paid periodicaUy, but 110 more frequently than monthly u
herei.... .. forth. Reimbursement requests will be submitted to the Board vi. the Clerk's
Finance oIice. ___lMtnalJle a,.... will be revieweclfer COIBpliaDce witll Florid. Statute
111.861 aIMI Attada...t A, E.,... ___buneBlftlt Requirements. Evidence of payment
shall be in the fonn of a letter, summarizing the expenses, with supporting documentation
attached. The Idter should contain a certification statement as well as a notary stamp and
signature. A. esa.pae of. rei.bunemeat request eover letter is included a. Attachment B.
After the Clerk of the Board examines and approves the request for reimbursement, the Board
shall reimburse (fill in name of Human Service Organization) . However, the total of said
reimbursable expense payments in the aggregate sum shall not exceed the total amount of $ (fill in
contract amt) during the term of this agreement.
ATTACHMENTB
HUMAN SERVICE ORGANIZATION LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, Florida 33040
November 4, 1994
The following is a summary of the expenses for (Human Service Organization name) for the time
period of _ to _ :
Check # Payee Reason
101 A Company
102 B Company
103 D Company
104 Person A
105 Person B
Amount
rent
utiliti es
phones
payroll
payroll
$xxxx.xx
$xxxx.xx
$xxxx.xx
$xxxx.xx
$xxxx.xx
(A) Total
Sxxxx.xx
(B) Total prior payments
$xxxx.xx
(C) Total requested and paid (A + B)
$xxxx.xx
(D) T otaI contract amount
$xxxx.xx
Balance of contract (D - 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 County
Commissioners and will not be submitted for reimbursement to any other funding source.
Executive Director
Attachments (supporting documentation)
Sworn and subscribed before me thi~ _ day of
199_.
Notary Public
Notary stamp