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BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070
TEL. (305) 289 -6027 KEY WEST, FLORIDA 33040 TEL. (305) 852 -7145
FAX (305) 289 -1745 TEL. (305) 292 -3550 FAX (305) 852 -7146
FAX (305) 295 -3660
MEMORANDUM
TO: Louie LaTorre
Director of Social Services
FROM: Ruth Ann Jantzen, Deputy Clerk IRO •
DATE: July 28, 1997
On June 18, 1997, the Board of County Commissioners granted approval to
release from the Human Service Organization funding, $25,000 for the American Red
Cross Greater Miami and the Keys; and approval of an Agreement contingent upon
consolidation of previous agreements.
Enclosed please find a duplicate original of the above Agreement for return to the
American Red Cross.
If you have any questions regarding the above, please do not hesitate to contact
this office.
cc: County Attorney
Finance
County Administrator, w/o document
File
AGREEMENT
This Agreement is made and entered into this 18th day of June, 1997, between the BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred ,_to as "�gard" or
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"County," and THE GREATER MIAMI AND KEYS AMERICAN RED CROSS, hereinafter refed to. as
"Provider."
WHEREAS, the Board and the Provider desire to enter into an agreement wherein the Board
contracts for services from the Provider to provide direct services, i.e., disaster assistance tap
preparedness, emergency communications, information and referrals, and health and safetraining
to the citizens of Monroe County, Florida, and
WHEREAS, the Board recognizes the public purpose to be met by an agreement for services
to be rendered in fiscal year ending September 30, 1997, now, therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed:
1. AMOUNT OF AGREEMENT. The Board, in consideration of the Provider substantially
and satisfactorily performing and carrying out the duties of the Board as to rendering services to the
citizens of Monroe County, Florida, in matters of health and education in regard to the care of the
residents, shall pay to the Provider the total sum for fiscal year 96 -97 of Twenty -five Thousand Dollars
($25,000.00) for the Florida Keys Field Offices.
2. TERM. This Agreement shall commence on June 18, 1997, and terminate September
30, 1997, 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 $25,000.00 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 direct services, i.e., disaster assistance, emergency communications, and health and
safety training to meeting such needs of the citizens of Monroe County, Florida.
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 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 modifications of the services and /or
reimbursement of services shall be amended by an agreement amendment, which must be
approved in writing by the Board.
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:
(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: For Provider:
Monroe County Attorney Nancy Graham, Manager
310 Fleming Street American Red Cross,
Key West, FL 33040 Monroe County Field Offices
and Nation's Bank Building
Louis LaTorre, Social Services Director 3200 Flagler Avenue
Public Service Building Key West, Florida 33040
5100 College Road
Key West, FL 33040
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.
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
respec as, ch subject matter between the Provider and the Board.
`�� N WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of
/ p ^ice 1
ay and yearfirst written above.
( ` BOARD OF COUNTY COMMISSIONERS
A . , NYC. KOLHAGE, CLERK OF MONROE COU Y, F RIDA
By By / / ie!
De ty Cle •yor hair • -
THE GREATER MIAMI AND KEYS
AMERICAN RED CROSS
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MEMORANDUM
TO: Danny Kolhage, Clerk of Courts
FROM: Suzanne A. Hutton, Assistant County Attorney
DATE: July 25, 1997
RE: Red Cross Contract.
I have been advised by Ruth Ann Jantzen that your office will not execute the Red
Cross Contract which was recently submitted to your office because of an apparent
discrepancy between the County Commission minutes of June 18, 1997 and the
contract which was submitted. Please be advised that the agreements which were
placed on the June 18, 1997 meeting provided for $10,000.00 to be paid for the Lower
Keys and $15,000.00 for the Upper Keys branches of the Red Cross. Due to the fact that
the branches consolidated and operate under the name of the Greater Miami and
Keys American Red Cross, which information was provided a number of months after
the agreements were drawn up and approved (in October 1996), it was my
interpretation of the meeting minutes that the consolidation requested was of the two
agreements, that is the Lower Keys branch agreement and the Upper Keys branch
agreement, which had been approved by the BOCC in September or October of 1996
contingent upon the resolution of hurricane shelters being staffed during category 1
and 2 Hurricanes. Since the BOCC approved the shelter agreement with the Salvation
Army in April, that issue was resolved.
It is my opinion that the contract providing for $25,000.00 to be paid to the Greater
Miami and Keys American Red Cross, dated June 18,1997 accurately reflects the
minutes of June 18, 1997.
If you have any question, please call.
ak /SAH