FY1998 08/12/1998
mannp I.. l&olbagt
BRANCH OFFICE
3117 OVERSEAS lllGHWAY
MARATIlON, 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 lllGHW A Y
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
TO: John Carter, Senior Director
Office of Management and Budget
Ruth Ann Jantzen, Deputy Clerk lidl.
FROM:
DATE:
August 20, 1998
8ft?-
At the ~ County Commission Meeting, the Board granted approval
and authorized execution of an Agreement between Monroe County and the Boys and
Girls Club of the Keys Area, Inc., to provide funding for youth activities in the Upper
Keys.
Enclosed please find a fully executed duplicate original of the above Agreement
for return to the Boys and Girls Club.
H you have any questions regarding the above, please do not hesitate to
contact this office.
cc: County Attorney
Finance
County Administrator, wlo document
File
AGREEMENT
This Agreement is made and entered into this /;"tlday of j~Jt;U7/, 1998, between the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board"
or "County," anc:J BOYS AND GIRLS CLUB OF THE KEYS AREA, INC., hereinafter referred to as "Provider."
WHEREAS, the Provider is a not-for-profit corporation established for the provision of activities for
the wholesome l::jevelopment 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 from ages 6 - 18, and
WHEREAS, the Provider is open to the public at least five days a week, three hours a day, and
more usually, nine and one-half hours a day, and
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WHEREAS, it is a legitimate public purpose to provide facilities and services ~g~re!!onRJ; use
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and social functions of the community in a wholesome environment free from drug~(i:alcftt11ol;-now,
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IN CONSIDERATION of the mutual promises and covenants contained he?!1n, ~ is ~re~ as
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follows:
The Board, in consideration of the Provider substantially and
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AMOUNT OF AGREEMENT.
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 Twenty-three Thousand Six Hundred Dollars ($23,600.00) for fiscal year 1997-98.
2. TI:RM. This Agreement shall commence on March 11, 1998, and terminate September 30,
1998, unless earlier terminated pursuant to other provisions herein.
3.
Payment will be paid periodically, but no more frequently than monthly as
Pl\ YMENT.
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 le~tter, 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 $23,600.00 during the term of this agreement.
4. S<:OPE 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.
5. RIECORDS. The Provider shall maintain appropriate records to insure a proper
accounting of cllI funds and expenditures, and shall provide a clear financial audit trail to allow for full
accountability ()f funds received from said Board. Access to these records shall be provided during
weekdays, 8 a.n1. to 5 p.m., upon request of the Board, the State of Florida, or authorized agents and
representatives ()f the Board or State.
The Provider shall be responsible for repayment of any and all audit exceptions which are
identified by th43 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 nl9W 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. I~~DEMNIFICATION 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, errClrs, or other wrongful act or omission of the Provider's employees, agents, or volunteers.
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7. I~JDEPENDENT CONTRACTOR. At all and for all purposes hereunder, the Provider is an
independent c()ntractor 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 ernployees of the Board.
8. C:OMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the
Provider shall albide 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 Boarc~ to terminate this contract immediately upon delivery of written notice of termination to
the Provider.
9.
C:OMPLIANCE WITH COUNTY GUIDELINES.
The Provider shall comply with the
II Organization, Programs and Policy Guidelines for the Youth Organizations of Monroe County." At a
minimum, the provision requires the Provider to demonstrate and sustain compliance with:
(c]) 501 (c) (3) Registration;
(~)) Board of Directors of seven or more;
(c:) Annual election of Officers and Director;
(cJ) Annual provision of annual report to County;
(E~) Corporate Bylaws;
(f) Corporate Policies and Procedures Manual;
(~~) Hiring policies for all staff;
(h) Cooperate with County monitoring visits; and
(I,) Semi-annual performance reports to be presented to County.
10.
PIROFESSIONAL RESPONSIBILITY AND LICENSING.
The Provider shall assure that all
professionals helve current and appropriate professional licenses and professional liability insurance
coverage. Funcling 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. N~ODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or
reimbursement ()f 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 conditions and
provisions as thE~ Board may deem necessary. This agreement shall be incorporated by reference into
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any assignment and any assignee shall comply with all of the provisions herein. Unless expressly
provided for thE~rein, such approval shall in no manner or event be deemed to impose any obligation
upon the Boardl 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 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 cJffecting employment under this agreement. At all times, the Provider shall comply with
all applicable ICJWS and regulations with regard to employing the most qualified person(s) for positions
under this agre.~ment. The Provider shall not discriminate against any person on the basis of race,
creed, color, nCltional 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:
(CJ) 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 iin the State of Florida;
(t)) 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. tlOTICE 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 Cour~
Director ()MB
Public Se,rvice Building
5100 College Road
Key West, FL 33040
For Provider:
Director BOYS AND GIRLS CLUB
OF THE KEYS AREA, INC.
1400 United Street
Key West, FL 33040
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.
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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 t() allow for continued reimbursement of expenditures for services specified herein, this
agreement may be terminated immediately at the option of the Board by written notice of termination
delivered to the Provider. The Board shall not be obligated to pay for any services or goods provided
by the Provider after the Provider has received written notice of termination, unless otherwise required
by law.
19. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds
provided under this agreement, shall become the property of Monroe County and shall be accounted
for pursuant to statutory requirements.
20. EI\JTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties
hereto with resJ:>ect to the subject matter hereof and supersedes any and all prior agreements with
respect to such subject matter between the Provider and the Board.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By<R~'~~~~~~ J
By
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BOYS AND GIRLS CLUB OF THE KEYS AREA, INC.
(FederallD No.bC00 ?RO'7 (
By~{II ~hh~
Executive Director
jconiib&gclub2
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SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
ETHIC:S CLAUSE
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warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former 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
Inay, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
~~
(signature)
Date: 13 - {I - 9- 8
STATEOF r;:?~'/pU
~
COUNTY OF .. ~kg;-e-
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
:f.{/tP?l AA
a b /;/' Jt.s
,
who, after first being sworn by me, affixed hislher
signature (name of individual signing) in the space provided above on this
~~ 1'- ,19ff
/~~ ~~
(~ NOTARYPUm:Ic ~
I I day of
My comrnission expir s#~Y Pll~ MARIA E. GONZALEZ
. ,~~~ MY COMMISSION /I CC 718958
, f~f lif \"...t:t4t= EXPIRES: February 22. 2002
)!.aot1-.~NOTAAV Fla. Notary Service & Bonding Co.
OMS - rvrcp FORM If~~--
.
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 public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a
contractor, 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 provided in Section 287.017, for CATEGORY
TWO for a period of36 months from the date of being placed on the
convicted vendor list."
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORGANIZATION, PROGRAMS AND POLICY GUIDELINES
FOR
THE YOUTH ORGANIZATIONS OF MONROE COUNTY
Scptcnlbcr 1993
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T1he Monroe County Board of County Commissioners recognizes '.,-
the 11eed to provide for wholesome recreational and educational
activities for the youth of Monroe County during their free hours
from school.
Ilhe Monroe County Board of County Commissioners therefore is
conuni tted to providing suitable facilities and an annual
apportionment of equitably distributed funds in direct support of
the IJoard of County Corrunissioners' recognized and approved Youth
Organizations of Monroe County.
l1[owevcr, the Monroe County Board of County conunissioners
reserves the privilege of insuring that the organization,
managrement, programs, policies and procedures of the YOl.J.tll
Organlizat.ions are in keeping. wi th the highest ethical, moral and
social principles.
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'I'}1erefore, in order to be recognized and sUPPol-ted by tIle
Boar.d. of County Commissioners as an approved Monroe County Youth
Organization, the Organization must demonstrate and sustain
compliance with the.following organization, programs and policy
guidelines and philoSophy.
1. TIle Youth'. .Ol"ganization 15 to be incorporated as a
not-for-profit-organization in compliance with Section
50~(c)(3) of the:lnternal Revenue Code.
.2:. The Youth. Organization shall be managed. and the
c:orporate powers 'exercised by a 7 member (or larger) Board
ctf Directors e.lected by tIle adult membership of the Youth
()rganiza tion. '
3. The Youth. Organization Board of Directors shall annually
110ld a meeting of the Corporation for the purposes of the
E~lection of the Directors and Officers and the presentation
of an annual rep6rt, a copy of which is to be provided to the
C:ounty Conunission.
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ORGANIZATION, PROGRAMS AND POLICY GUIDELINES
FOR
THE YOUTH ORGANIZATIONS OF MONROE COUNTY
september 1993
Page Two
4. The Youth organization Board of Directors shall develpp
and adopt corporation Bylaws which shall, as a minim~.,
include the following:
A.
B.
c.
D.
E.
F.
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Purpose of the corporation
General membership composition
Board of Directors composition, qualifications,
powers, tenure, termination, and responsibilities.
Officer elections, duties and responsibilities
Board supervision of the Program and Administrative
Directors and their duties and responsibilities.
Committees, including member appointments,
programs, personnel, building and grounds, fund
raising, public relations, and.finance.
Prohibition of the use of Alcoholic Beverages,
Tobacco Weapons, and Drugs.
5. The Youth organization Board of Directors shall develop
and adopt a corporation Policy and Procedures Manual which
shall include:
t ''''.,
A. A Code of Personnel policies governing employment
conditions in the Youth Organization, including a
grievance procedure to hear appeals of employees
against any violation of Personnel policies.
B. Procedures for the hiring, disciplining and
dismissal of the Youth organization employees.
c. A drug, alcohol, and no smoking policy.
D. Pre-employment drug testing.
E. Employee progressive discipline procedures.
F. Equal Employment opportunity provisions.
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ORGANIZATION, PROGRAMS AND POLICY GUIDELINES
FOR
THE YOUTI-I ORGANIZATIONS OF MONROE COUNTY
September 1993
Page Three
G. Acceptable types of recreational and educational
programs.
H. Procedures, staffing and chaperone requirements for
the everyday operation and special events of the
Youth Organization.
6. The Youth Organization Board of Directors shall develop
clnd adopt hiring policies for all Youth Organization
employees.to include the following:
A. Procedures governing the selection and appointment
of the Program and Administrative Directo~s.
B.
Pre-employment backg~ound, driver's license,
fingerprint, Child Abuse Registry
personal/employer reference checks.
and
c. Pre-employment drug testing.
D. Conditions and terms of employment.
( 7. The Youth Organization shall develop and adopt Position
"ff(' I)escriptions and Qualification critel.ia for all Youth Club
employees. The Program (Youth Organization) Director's
qualification criteria shall include:
A. A bachelor's degree and a minimum of two years of
supervisory and/or management experience working
with typical youth activity organizations; or
B. A master's level degree can substitute for one year
of the required experience; or
c.
Extensive experience with youth activity
organizations in a supervisory or management
capacity may be substituted for the educational
requirements.
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B. Initially, the Youth Organization Board of Directors
~;hall submit copies of their "l'iot for Profit" designation,
Corporate By Laws, Policy and Procedure Manual, and employee
position descriptions to the office of the Monroe County
l\dministrator.
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ORGANIZATION, PROGRAMS AND POLICY GUIDELINES
FOR
TliE YOUTII ORGANIZATIONS OF l10NROE COUNTY
September 1993
Page Four
The County Administrator will then in turn report to the
Monroe County Board of County Commissioners as to whether the
Youth Club is in compliance with the Commissions' guidelines.
Subsequently, the Youth Organization Board of Directors
shall submi t copies of all amendments to the above noted
corporate documents for review by the County Administrator.
The County Administrator shall notify the Board of
County Commissioners of any instance or event noted to not be
in compliance wi th the conunissions' Organization, Programs
and Policy Guidelines. Any such non-compliance by any Monroe
County Youth Organization could jeopardize the County
Commissions continued support thereof.
Prepared by
Thomas W. Brown
County Administrator
and
Amended by the Monroe County Board of County Commissioners
S~ptember 15, 1993
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