Loading...
Item M8 INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF MONROE COUNTY AND THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS This Agreement (Agreement) is made and entered into this ________ day of ______________ by MONROE COUNTY (COUNTY), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, and the SCHOOL BOARD OF MONROE COUNTY (SCHOOL BOARD), as the contracting agent for the School District of Monroe County, a public agency of the State of Florida, whose address is 241 Trumbo Road, Key West, FL 33040. WITNESSETH: WHEREAS, COUNTY is authorized by Section 125.01(1)(f),F.S. to provide recreational and cultural programs; and WHEREAS, SCHOOL BOARD is authorized by Section 1013.10, F.S. to permit the use of school grounds for community use centers; and WHEREAS, the parties are authorized by Section 163.01(4), Florida Statutes, to enter into an interlocal agreement to carry out their independent powers; and WHEREAS, SCHOOL BOARD has provided space, communications equipment and utilities at a local school for the administration of a student-services program entitled “Just 4 Kids”; and WHEREAS, SCHOOL BOARD is to contract with Its Just 4 Kids, Inc. (“J4K-INC.” ) for the provision of services utilizing the “Just 4 Kids” program; and WHEREAS, the parties desire to provide for the enhancement of the Just 4 Kids program; NOW THEREFORE, IN CONSIDERATION OF the mutual promises and conditions contained herein, the parties agree as follows: 1.SCOPE. The Parties shall cooperate in support of “Just 4 Kids” (“J4K-INC.”) as follows: A.COUNTY RESPONSIBILITY: COUNTY shall provide SCHOOL BOARD up to a maximum of Sixty-five Thousand Dollars ($65,000.00) in funding for fiscal year 2006-7 according to the terms of payment in Paragraph 3. B.SCHOOL BOARD RESPONSIBILITY: This Agreement is contingent upon an agreement being executed between SCHOOL BOARD and J4K-INC., and providing a copy of the executed agreement to COUNTY. SCHOOL BOARD shall enter into an agreement with J4K-INC. to provide space and support for the J4K program and its related activities. These include but are not limited to: Keeping Our Kids Fit st outreach service, J4K art classes, Art Against Graffiti, J4K 1 Response Hurricane Relief, PROM clothing assistance, storage of equipment and supplies, and a small office for the PROGRAM Director. That agreement shall provide for specific requirements as detailed below including receiving and processing invoices, verifying the provision of services, and sending invoices with service verification to the COUNTY for payment. (1) AGREEMENT PROVISIONS: The agreement between SCHOOL BOARD and J4K- INC. shall, at a minimum, provide: (a) J4K-INC. must furnish to the SCHOOL BOARD: evidence of the organization’s non-profit corporate status; a list of the organization’s Board of Directors or governing body; an annual audited financial report; a copy the organization’s mission; a copy of the organization’s Corporate Policies and Procedures Manual, if one exists, and if one does not exist, one must be developed within sixty (60) days of complete execution of the agreement, such Manual including hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions. Additionally, any employer or sub-contractor of the J4K-INC. shall provide to SCHOOL BOARD and COUNTY semi-annual performance reports, which should include performance measurements which will demonstrate the level of accomplishment of goals for which funding has been provided; other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services. (b) J4K-INC. shall maintain and keep for a period of four (4) years, 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 its Board or governing body. Access to these records shall be provided during weekdays, 8 a.m. to 5 p.m., upon request of the SCHOOL BOARD, the COUNTY, the State of Florida, or their authorized agents and representatives. (c) J4K-INC. shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General of the State of Florida, the SCHOOL BOARD, 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, J4K-INC. shall be billed by the SCHOOL BOARD for the amount of the audit exception and the J4K-INC.shall promptly repay any audit exception. (d)J4K-INC. covenants and agrees to indemnify and hold harmless SCHOOL BOARD and COUNTY 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 J4K-INC., including their employees, agents, volunteers, or assigns and for those occasioned by the negligence, errors, or other wrongful act or omission of J4K-INC. employees, agents, or volunteers. (e) At all times and for all purposes hereunder, J4K-INC. is an independent contractor and not an employee of the SCHOOL BOARD or COUNTY. No statement contained in this agreement shall be construed so as to find J4K-INC. or any of its employees, contractors, servants or agents to be employees of the SCHOOL BOARD or COUNTY. (f) In providing all services pursuant to this agreement, J4K-INC. 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 COUNTY to terminate its contract with SCHOOL BOARD immediately upon delivery of written notice of termination to J4K-INC.. (g) J4K-INC. agrees that it will not discriminate against any employees or applicants for employment or against persons for any other benefit or service under this agreement because of their race, color, religion, sex, national origin, gender preference, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non- discrimination. (h) J4K-INC. warrants that no person has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the SCHOOL BOARD has any interest, financially or otherwise, in J4K-INC.. For breach or violation of this warranty, the SCHOOL BOARD shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. J4K-INC.acknowledges that it is aware that funding for this agreement is available through the COUNTY and that violation of this paragraph may result in the COUNTY withdrawing funding for the Just 4 Kids program and its related services. (i) J4K-INC. acknowledges that this agreement is funded at least in part by the COUNTY and agrees to indemnify and hold harmless the COUNTY and any of its officers and employees from and against any and all claims, liabilities, litigation, causes of action, damages, costs, expenses (including but not limited to fees and expenses arising from any factual investigation, discovery or preparation for litigation), and the payment of any and all of the foregoing or any demands, settlements or judgments (collectively claims) arising directly or indirectly from any negligence or criminal conduct on the part of J4K-INC. in the performance of the terms of this agreement. J4K-INC. shall immediately give notice to the COUNTY of any suit, claim or action made against J4K-INC. that is related to the activity under this agreement, and will cooperate with the COUNTY in the investigation arising as a result of any suit, action or claim related this agreement. (j) J4K-INC.confirms that there is a liability insurance policy, be it provided by J4K-INC. or the SCHOOL BOARD, which will insure against any suits, claims or actions brought by any person or persons and from all costs and expenses of litigation brought against J4k-INC. for such injuries to persons or damage to property occurring during the agreement or thereafter that results from performance by J4k-INC. of the obligations set forth in this agreement. At all times during the term of this agreement and for one year after acceptance of the project, evidence of this insurance shall be maintained on file with the SCHOOL BOARD showing that the aforesaid coverage is in effect. The following coverage shall specifically be provided: 1. Non-Profit Directors and Officers Liability in the amount of $1,000,000.00; and 2. Employment Practices Liability in the amount of $1,000,000.00. The policy shall provide no less than thirty (30) days notice of cancellation, non- renewal or reduction of coverage. (k) J4K-INC. shall keep such records for a period of at least four (4) years as are necessary to document the performance of the agreement and expenses as incurred, and give access to these records at the request of the SCHOOL BOARD, the COUNTY, the State of Florida or authorized agents and representatives of said government bodies. 2.TERM. A. Subject to and upon the terms and conditions set forth herein, this Agreement shall be effective retroactively to October 1, 2006, and end on September 30, 2007. B. The parties may extend this agreement after the expiration of the term described herein according to such terms and conditions as may be agreed to at the time of extension. 3. PAYMENT. No payment shall be made until the agreement referenced in Paragraph 1. B. has been executed and provided to COUNTY. 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, those reimbursable expenses which are reviewed and approved as complying with this Agreement. Evidence of payment by the SCHOOL BOARD shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a certification statement. An example of a reimbursement request cover letter is included as Attachment A. The SCHOOL BOARD’S final invoice must be received within sixty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board of County Commissioners examines and approves the request for reimbursement, the COUNTY shall reimburse the SCHOOL BOARD. 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, and shall not exceed the sum of Five Thousand Four Hundred Sixteen and 66/00 Dollars ($5416.66) per month. 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 COUNTY by written notice of termination delivered to the SCHOOL BOARD. The COUNTY shall not be obligated to pay for any services or goods provided by the SCHOOL BOARD after the SCHOOL BOARD has received written notice of termination, unless otherwise required by law. 5. CLAIMS FOR FEDERAL OR STATE AID. SCHOOL BOARD 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. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. RECORDKEEPING 7. RECORDS SCHOOL BOARD shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to SCHOOL BOARD pursuant to this Agreement were spent for purposes not authorized by this Agreement, the SCHOOL BOARD shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to SCHOOL BOARD. 8. PUBLIC ACCESS. The COUNTY and SCHOOL BOARD shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and SCHOOL BOARD in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by SCHOOL BOARD. OTHER RESPONSIBILITIES 9. ATTESTATIONS. SCHOOL BOARD agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 10. SCOPE OF SERVICES. The SCHOOL BOARD, for the consideration named, covenants and agrees with the COUNTY to substantially and satisfactorily perform and carry out the duties of the Board in providing services that include but are not limited to the following: Supplies and personnel expenses for the J4K Keeping Our Kids Fit outreach service, J4K art st classes, J4K Art Against Graffiti, J4K 1 Response Hurricane Relief, and J4K clothing assistance These services are provided to children in need who are of school age and younger and are living in Monroe County, Florida. J4K services are usually provided in the child’s environment, e.g., in the home, classroom, or other public meetingplace. 11. ATTORNEY’S FEES AND COSTS. The COUNTY and SCHOOL BOARD agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney’s fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 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 provisions of this Agreement shall bind and inure to the benefit of the County and SCHOOL BOARD and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with 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 SCHOOL BOARD warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any 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 of this Agreement. For the breach or violation of the provision, the SCHOOL BOARD agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, 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 SCHOOL BOARD is an independent contractor and not an employee of the COUNTY. No statement contained in this agreement shall be construed so as to find the SCHOOL BOARD or any of its employees, contractors, servants or agents to be employees of the COUNTY. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the COUNTY and SCHOOL BOARD agree that each 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 COUNTY or SCHOOL BOARD to terminate this contract immediately upon delivery of written notice of termination to the other. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The SCHOOL BOARD shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the COUNTY is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the SCHOOL BOARD’s program and staff. 18. DISCRIMINATION. COUNTY and SCHOOL BOARD agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or SCHOOL BOARD agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis 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 amended, relating to confidentiality of alcohol and drug abuse patent 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 to nondiscrimination on the basis of disability; 10) Any other 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 and SCHOOL BOARD. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. COUNTY and SCHOOL BOARD 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 agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board 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 or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and SCHOOL BOARD agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and SCHOOL BOARD specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 22. TERMINATION. This Agreement may be terminated by either party upon forty-five (45) days written notice to the other party. ASSURANCES 23. COVENANT OF NO INTEREST. COUNTY and SCHOOL BOARD covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 24. NO ASSIGNMENT. The SCHOOL BOARD shall not assign this agreement except in writing and with the prior written approval of the COUNTY, which approval shall be subject to such conditions and provisions as the COUNTY 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 COUNTY in addition to the total agreed upon reimbursement amount for the services of the SCHOOL BOARD. 25. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the SCHOOL BOARD in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. INDEMNITY ISSUES 26. INDEMNIFICATION AND HOLD HARMLESS. To the extent allowed by law, the SCHOOL BOARD covenants and agrees to indemnify and hold harmless Monroe County, it officers, employees, servants and agentsfrom 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 SCHOOL BOARD occasioned by the negligence, errors, or other wrongful act or omission of the SCHOOL BOARD’s employees, agents, or volunteers. 27. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions 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 of such officers, agents, volunteers, or employees outside the territorial limits of the County. 28. 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 capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 29. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed 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 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 COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 30. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the SCHOOL BOARD agree that neither the COUNTY nor the SCHOOL BOARD or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements 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. 31. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an 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. 32. 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 COUNTY: David P. Owens, Grants Administrator and Monroe County Attorney Gato Building PO Box 1026 1100 Simonton Street Key West, FL 33041 Key West, FL 33040 For SCHOOL BOARD and Chairman Superintendent of Schools Monroe County School Board 241 Trumbo Road 241 Trumbo Road Key West, Fl 33040 Key West, Fl 33040 33. CONSENT TO JURISDICTION. 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. This Agreement is not subject to arbitration. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and SCHOOL BOARD agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. ATTACHMENT A 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_______. 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 $ X,XXX.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) $ 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 organizations_ 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 to and subscribed before me this ____ day of __________ 2007 by__________________ who is personally known to me. ____________________ Notary Public Notary Stamp 3-M CONTRACT FORM ISC (R.12/06) EV TSDMC HECHOOLISTRICT OF ONROEOUNTY Contract for Goods & Services: THIS AGREEMENT is made by and between THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA (“School Board” or “MCSB”), as the contracting agent for the School District of Monroe County, Florida, and ITS JUST 4 KIDS, INC. (“J4K-Inc.” or “Contractor”). W I T N E S S E T H : WHEREAS, School Board is a public entity charged with the education of the children and students of Monroe County, Florida; WHEREAS, School Board is authorized by Section 1013.10 of the Florida Statutes to permit the use of school grounds for community use centers; WHEREAS, Its Just 4 Kids, Inc., is a duly formed non-profit corporation under the laws of the State of Florida and is in good standing with the State of Florida; WHEREAS, Its Just 4 Kids, Inc., has the authority and power to administer the “Just 4 Kids” programs; WHEREAS, School Board and Its Just 4 Kids, Inc., desire to enter into an agreement to obtain the use of those funds available from Monroe County, Florida, in an effort to continue those beneficial effects on the children and students of Monroe County, Florida; and WHEREAS, Its Just 4 Kids, Inc., recognizes that its agreement with School Board is founded upon the availability of funds from Monroe County, Florida. In consideration of the mutual covenants and benefits hereinafter set forth, the parties herein covenant and agree as follows: PURPOSE 1. The purpose of this agreement is to detail the relationship between the parties so as to improve the educational welfare of the children and students of Monroe County, Florida, by School Board oversight and support of the Just 4 Kids program in cooperation with Its Just 4 Kids, Inc., and further, the continued provision of Just 4 Kids programs. METHOD FOR ACCOMPLISHING PURPOSE 2. Page 1 of 14 The basic method for accomplishing the purpose of this agreement is: A. Completing an agreement between the School Board and Its Just 4 Kids, Inc.; B. Appointing the Safe Schools Coordinator and the Finance Director of the School District of Monroe County, Florida, as those persons providing oversight on behalf of the School Board of the administration and financials provided by Monroe County, Florida, to the School Board for the financial support of the Just 4 Kids program; C. Working with Monroe County, Florida, to ensure the continued provision of services under the Just 4 Kids program as administered by Its Just 4 Kids, Inc. TERM 3. The term of this contract shall be retroactive such that the term covers services and programs administered by J4K-Inc. from October 1, 2006, to the expiration of this contract. Subject to and upon the terms and conditions set forth herein, this contract shall expire on October 31, 2007. However, this contract may be extended at expiration on such terms and conditions as may be agreed upon at the time of extension. CONTRACTOR'S SERVICES 4. This contract is for the following services, which are listed below only because of their being exempt from the competitive solicitation process, as outlined in F.S. 287.057. The services hereunder are additionally exempt by virtue of F.A.C. 6A-1.012 relating to the provision of educational services. X Artistic services __ Health services (involving examination/diagnosis/treatment/prevention/consultation) __ Academic program reviews __ Medicaid services (valid for period not exceeding 90 days after delivery) X Lectures by individuals to eligible recipient by a provider who has not previously applied for and __ Auditing services received a provider number from the Agency for Health Care Administration __ Legal services __ Services or commodities provided by governmental agency or agencies __ Family placement services __ Training and education services for injured employees __ Voter education activities __ Continuing education programs offered to public (fees collected to pay the expenses) __ Prevention Services __ Services provided by non-profit company to persons with mental/physical disabilities X Educational Services __Based on a state term contract (supporting documentation required) Specifically, J4K-Inc. agrees to provide the following services: Numerous educational and artistic programs to the children and students of Monroe County, Florida, including but not limited to: Keeping Our Kids Fit outreach service, J4K art classes, Art st Against Graffiti, J4K 1 Response Hurricane Relief, and PROM clothing assistance. COMPENSATION 5. School Board shall pay J4K-Inc. in response to invoices presented to School Board by Page 2 of 14 J4K-Inc. and out of those funds forwarded to School Board by Monroe County, Florida. In this regard, J4K-Inc. recognizes that School Board cannot be held responsible for making payments where such funds are not provided by Monroe County, Florida to School Board. The parties anticipate but are not guaranteed funding from Monroe County, Florida in the amount of Sixty- Five Thousand Dollars ($65,000.00), to be paid in monthly payments not to exceed the sum of Five Thousand Four Hundred Sixteen Dollars and Sixty-Six Cents ($5,416.66) per month. The invoices presented by J4K-Inc. to the School Board will be in a format reflected in a form invoice attached hereto as Exhibit “B”. CONTRACTOR DUTIES AND OBLIGATIONS 6. In addition to the other terms provided herein, J4K-Inc. agrees to the following: A. J4K-Inc. must furnish to School Board, upon written request: evidence of J4K- Inc.’s corporate status, be it non-profit or otherwise, to the extent needed to satisfy the School Board of proof of such corporate status; a list of the Board of Directors or governing body; an annual audited financial report; a copy the J4K-Inc.’s mission, if one exists; a copy J4K- Inc.’s Corporate Policies and Procedures Manual, if one exists, and if one does not exist at the time of complete execution of this Agreement, one must be developed within sixty (60) days of any written request by School Board, such Manual including hiring policies for all staff and equal employment opportunity provisions. Additionally, any employer or sub- contractor of J4K-Inc. shall provide to School Board and Monroe County, Florida, semi- annual performance reports, which should include performance measurements which will demonstrate the level of accomplishment of goals for which funding has been provided; other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services. A drug-free workplace statement is attached hereto as Exhibit “C”. B. J4K-Inc. shall maintain and keep for a period of four (4) years, 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 its Board or governing body. Access to these records shall be provided during weekdays, 8 a.m. to 5 p.m., upon request of the School Board, Monroe County, Florida, the State of Florida, or their authorized agents and representatives. C. J4k-Inc. shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General of the State of Florida, the School Board, the Clerk of Court for Monroe County, Florida, an independent auditor, or their agents and representatives. In the event of an audit exception, the current fiscal year contract amount or subsequent fiscal Page 3 of 14 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, J4K-Inc. shall be billed by the School Board for the amount of the audit exception and the J4k- Inc.shall promptly repay any audit exception. D. J4K-Inc. covenants and agrees to indemnify and hold harmless School Board and Monroe County, Florida, 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 J4K-Inc., including their employees, agents, volunteers, or assigns and for those occasioned by the negligence, errors, or other wrongful act or omission of J4K-Inc. employees, agents, or volunteers. E. At all times and for all purposes hereunder, J4K-Inc. is an independent contractor and not an employee of School Board or Monroe County, Florida. No statement contained in this agreement shall be construed so as to find J4K-Inc. or any of its employees, contractors, servants or agents to be employees of School Board or Monroe County, Florida. F. In providing all services pursuant to this agreement, J4K-Inc. 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 Monroe County, Florida, to terminate its contract with School Board immediately upon delivery of written notice of termination to J4K-Inc. and School Board. G. J4K-Inc. agrees that it will not discriminate against any employees or applicants for employment or against persons for any other benefit or service under this agreement because of their race, color, religion, sex, national origin, gender preference, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non-discrimination. H. J4K-Inc. warrants that no person has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of School Board has any interest, financially or otherwise, in J4K-Inc.. For breach or violation of this warranty, School Board shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, the full amount of such commission, percentage, Page 4 of 14 brokerage or contingent fee. J4K-Inc. acknowledges that it is aware that funding for this agreement is available through Monroe County, Florida, and that violation of this paragraph may result in Monroe County, Florida, withdrawing funding for the Just 4 Kids program and its related services. I. J4K-Inc. acknowledges that this agreement is funded at least in part by Monroe County, Florida, and agrees to indemnify and hold harmless Monroe County, Florida, and any of its officers and employees from and against any and all claims, liabilities, litigation, causes of action, damages, costs, expenses (including but not limited to fees and expenses arising from any factual investigation, discovery or preparation for litigation), and the payment of any and all of the foregoing or any demands, settlements or judgments (collectively claims) arising directly or indirectly from any negligence or criminal conduct on the part of J4K-Inc. in the performance of the terms of this agreement. J4K-Inc. shall immediately give notice to Monroe County, Florida, and School Board, of any suit, claim or action made against J4K-Inc. that is related to the activity under this agreement, and will cooperate with Monroe County, Florida, and School Board, in the investigation arising as a result of any suit, action or claim related this agreement. J. There shall be, at all times during this contract, a liability insurance policy in place to cover the act(s) performed by J4K-Inc. hereunder, be it provided by J4K-Inc. or School Board, at School Board’s sole election, which will insure against any suits, claims or actions brought by any person or persons and from all costs and expenses of litigation brought against J4K-Inc. for such injuries to persons or damage to property occurring during the agreement or thereafter that results from performance by J4K-Inc. of the obligations set forth in this agreement. At all times during the term of this agreement and for one year after acceptance of the project, evidence of this insurance shall be maintained on file with School Board showing that the aforesaid coverage is in effect. The following coverage shall specifically be provided: 1. Non-Profit Directors and Officers Liability in the amount of $1,000,000.00; and 2. Employment Practices Liability in the amount of $1,000,000.00. If School Board, pursuant to this paragraph, elects to have J4K-Inc. obtain the aforementioned liability insurance policy, School Board shall communicate said election in writing to J4K-Inc., with a copy to Monroe County, Florida, wherefrom receipt of such notice J4K-Inc. will have thirty (30) days to obtain such coverage and to provide proof of the retention of such coverage to School Board, J4K-Inc. paying for the cost(s) of such coverage, unless otherwise agreed in writing by the parties. Failure to obtain such coverage will constitute grounds for School Board to, in its sole discretion, to immediately terminate this Agreement. The subject policy shall provide no less than thirty (30) days notice of cancellation, non-renewal or reduction of coverage. Page 5 of 14 COMPLIANCE WITH LAWS AND POLICIES 7. Contractor agrees to comply with all current Monroe County School Board policies and all applicable local, state and federal laws, including laws pertaining to the confidentiality of student records and public records requests. Contractor agrees that MCSB has the right to unilaterally and immediately cancel this contract upon refusal by Contractor to allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with the contract, unless the records are exempt from s.24(a) of Art. I of the State Constitution and s.119.07(1). Should cancellation be necessary under this clause, MSCB is required only to provide written notice to Contractor, effective upon receipt of notice, which shall be documented. BACKGROUND CHECKS/FINGERPRINTING 8. In accordance with the legislative mandate set out in sections 1012.32, 1012.465 and 435.04, Florida Statutes (2005) as well as with the requirements of HB 1877, The Jessica Lunsford Act (2005), effective September 1, 2005, Contractor agrees that all of its employees and sub-contractors, including employees of sub-contractors, who provide or may provide services under this Agreement have completed all background screening requirements through a Monroe County School Board designee pursuant to the above-referenced statutes. Contractor agrees to bear any and all costs associated with acquiring the required background screenings. Contractor agrees to require all affected employees and sub-contractors to sign a statement, as a condition of employment with Contractor in relation to performance under this Agreement, that the employee and/or sub-contractor will abide by the terms and notify Contractor/Employer of any arrest or conviction of any offense enumerated in section 435.04, Florida Statutes within forty-eight (48) hours of their occurrence. Contractor agrees to provide MCSB with a list of all employees and/or sub-contractors who have completed background screenings as required by the above-referenced statutes and that meet the statutory requirements contained therein. Contractor agrees that it has an ongoing duty to maintain and update these lists as new employees and/or sub-contractors are hired and in the event that any previously screened employee fails to meet the statutory standards. Contractor further agrees to notify MCSB immediately upon becoming aware that one of its employees or its sub-contractor’s employees, who was previously certified as completing the background check, and meeting the statutory standards, is subsequently arrested or convicted of any disqualifying offense. Failure by Contractor to notify MCSB of such arrest or conviction within forty-eight (48) hours of being put on notice by the employee/sub-contractor and within 5 days of its occurrence shall constitute grounds for immediate termination of this contract by MCSB. The parties further agree that failure by Contractor to perform any of the duties described in their paragraph shall constitute a material breach of the contract entitling MCSB to terminate this Agreement immediately with no further responsibility to make payment or Page 6 of 14 perform any other duties under this Agreement. TERMINATION 9. A.WITHOUT CAUSE This contract may be terminated for any reason by either party upon sixty (60) days written notice to the other party at the addresses set forth below. If said contract should be terminated as provided in this paragraph of the Agreement, School Board will be relieved of all obligations under said contract and will only be required to pay that amount of the contract actually performed to the date of termination, so long as funds are available from Monroe County, Florida, with no payment due for unperformed work or lost profits. B.TERMINATION FOR BREACH Either party may terminate this Agreement upon breach by the other party of any material provision of this Agreement, provided such breach continues for fifteen (15) days after receipt by the breaching party of written notice of such breach from the non-breaching party. C. IMMEDIATE TERMINATION BY MCSB School Board may terminate this Agreement immediately upon written notice to Contractor (such termination to be effective upon Contractor’s/Individual’s receipt of such notice) upon occurrence of any of the following events: a. the denial, suspension, revocation, termination, restricting, relinquishment or lapse of any license or certification required to be held by the Contractor, or of any Company/Individual staff’s professional license or certification in the State of Florida; b. conduct by Contractor or any Company/Individual staff which affects the quality of services provided to the School Board or the performance of duties required hereunder and which would, in the School Board’s sole judgment, be prejudicial to the best interests and welfare of the School Board and/or its students; c. breach by Contractor or any Company/Individual staff of the confidentiality provisions of this Agreement; d. failure by Contractor to maintain the insurance required by the terms of this Agreement. Page 7 of 14 ASSIGNMENT 10. Neither party may assign or transfer any interest in this Agreement without the prior written consent of both parties. Should an assignment occur upon mutual written consent, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, representatives, successors and assigns. AMENDMENT 11. This Agreement may be amended only with the mutual consent of the parties. All amendments must be in writing and must be approved by the Monroe County School Board. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. 12. The parties 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 agreed upon within thirty (30) days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the School Board. 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 or by Florida law. This Agreement shall be construed in accordance with the laws of the State of Florida. Any dispute arising hereunder is subject to the laws of the State of Florida, with venue in Monroe County, Florida. The prevailing party shall be entitled to reasonable attorney's fees and costs incurred as a result of any action or proceeding under this Agreement. REPRESENTATIONS & WARRANTIES 13. Contractor represents and warrants to the School Board, upon execution and throughout the term of this Agreement that: 1) Contractor is not bound by any agreement or arrangement which would preclude it from entering into, or from fully performing the services required under the Agreement; 2) None of the Contractor’s agents, employees or officers has ever had his or her professional license or certification in the State of Florida, or of any other jurisdiction, denied, suspended, revoked, terminated and/or voluntarily relinquished under threat of disciplinary action, or restricted in Page 8 of 14 any way; 3) Contractor has not been convicted of a public entity crime as provided in F.S. §287.133, to wit: 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, proposal, or rely on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply 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 of 36 months from the date of being placed on the convicted vendor list; and 4) Contractor and Contractor’s agents, employees and officers have, and shall maintain throughout the term of this Agreement, all appropriate federal and state licenses and certifications which are required in order for Contractor to perform the functions, assigned to him or her in connection with the provisions of the Agreement. CONFIDENTIALITY 14. Contractor recognizes and acknowledges that by virtue of entering into this Agreement and providing services hereunder, Contractor, its agents, employees and officers may have access to certain confidential information, including confidential student information and personal health information. Contractor agrees that neither it nor any Contractor agent, employee or officer will at any time, either during or subsequent to the term of this Agreement, disclose to any third party, except where permitted or required by law or where such disclosure is expressly approved by the Monroe County School Board in writing, any confidential student information, personal health information or other confidential information, and Contractor, its agents, employees and officers shall comply with all Federal and State laws and regulation and all Monroe County School Board policies regarding the confidentiality of such information. BILLING 15. Page 9 of 14 Bills for fees or compensation under this contract shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Further, bills for any travel expenses shall be submitted in accordance with s. 112.061 where applicable. THIRD-PARTY BILLING AND PAYMENT 16. To the extent applicable with regard to the services provided in this contract, the Contractor shall cooperate with School Board representatives to determine the eligibility of a referred student for third-party benefits and to bill cooperatively the third-party for services provided to the referred student. Should the third-party decline to pay for billed services, or should the third-party only make partial payment for billed services, Contractor shall provide appropriate documentation to School Board and will assist the School Board in any administrative or appeals process regarding eligibility or payment as may be requested by the School Board. Contractor shall not be entitled to bill nor accept third-party payment without authorization of the School Board and Contractor agrees that School Board shall not be obligated to make any payment that exceeds the rate referred to in the paragraph governing Compensation. The Contractor shall provide service documentation in accordance with professional standards and School Board criteria as requested. CONTRACT RECORDS RETENTION 17. Contactor agrees to comply with all state and federal regulations governing contracts with public entities, including but not limited to cooperation with public records requests as provided by law, cooperation with comptrollers and auditors as provided by law, and adherence to Title 34, section 80.36, which requires the retention of all records concerning a public entity contract after the School Board makes final payment and all other pending matters concerning the contract are closed. CONFLICT OF INTEREST 18. The following provisions shall apply for conflict of interest. Any violation of these provisions by a School Board employee may be grounds for dismissal. No contract for goods or services may be made with any business organization in which the Superintendent or School Board member has any material financial interest unless it is a single source or clear documentation exists to show that, no other supplier can provide the identical/comparable goods/service, at a lower cost to the Board. No School Board employee may directly or indirectly purchase or recommend the purchase of goods or services from any business organization which they or their near relative have a material interest as defined by §112.313, Florida Statutes, except as allowed by DOE Interpretative Memorandum No. A-20. School Board employees or officials may not receive gifts or any preferential treatment from vendors. A School Board employee shall not be prohibited from participating in any activity or purchasing program that is offered to all School Board employees or in District surplus sales, provided there is no preferential treatment. DEBARMENT CERTIFICATION 19. Page 10 of 14 A Debarment Certification Form, attached hereto as Exhibit “A”, shall be executed by the Contractor and is incorporated herein as part of this contract. The Contractor certifies that neither the firm, nor any person associated therewith in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, and/or position is involved in the administration of federal funds. SEVERABILITY 20. The parties recognize and agree that should any clause(s) herein be held invalid by a Court of competent jurisdiction, the remaining clauses shall not be affected and shall remain of full force and effect. COUNTERPARTS 21. This Agreement may be executed in one or more counterparts, all of which together shall constitute only one Agreement. WAIVER 22. A waiver by either party of a breach or failure to perform hereunder shall not constitute a waiver of any subsequent breach or failure to perform. Any waiver of insurance requirements as provided by this Agreement and/or the policies of the School Board does not relieve the Contractor of the indemnification provisions contained within this Agreement. CAPTIONS 23. The captions contained herein are used solely for convenience and shall not be deemed to define or limit the provisions of this Agreement. ENTIRE AGREEMENT 24. The parties hereto agree that this is the final agreement between the parties and supercedes any and all prior agreements and/or assurances, be it oral or in writing. NOTICES 25. All notices required by this Contract, unless otherwise provided herein, by either party to the other shall be in writing, delivered personally, by certified or registered mail, return receipt requested, or by Federal Express or Express Mail, and shall be deemed to have been duly given when delivered personally or when deposited in the United States mail, postage prepaid, addressed as follows: Monroe County School Board: Page 11 of 14 Superintendent Monroe County School District 241 Trumbo Road Key West, FL 33040 With a copy to: Monroe County School District Counsel Vernis & Bowling of the Florida Keys, P.A. rd 81990 Overseas Hwy, 3 Floor Islamorada, FL 33036 Its Just 4 Kids, Inc. ___________________________________ ___________________________________ ___________________________________ ___________________________________ IN WITNESS WHEREOF , the parties have executed this contract on this _____ day of _____________________ , ___________ . __________________________________ __________ SCB D IGNATURE OF HAIRPERSON OF THE OARDATE __________________________________ __________ SS D IGNATURE OF UPERINTENDENTATE ________________________________________ ____________ SC/R D IGNATURE OF ONTRACTOREPRESENTATIVEATE ________________________________________ PNT RINTAME AND ITLE Page 12 of 14 TSDMC HECHOOLISTRICT OF ONROEOUNTY Debarment Certification Form (Exhibit “A”) The Contractor certifies that, neither the firm nor any person associated therewith in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, and/or position involving the administration of federal funds: (a) Is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as defined in 49 C.F.R. 29.110(a), by any federal or state department/agency; (b) Has within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Is presently indicted for or otherwise criminally or civilly charged by a federal, state, or local Governmental entity with commission of any of the offenses enumerated in 49 C.F.R. 29.800; and (d) Has within a three-year period preceding this certification had one or more federal, state, or local government public transactions terminated for cause or default. The Contractor certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this project by any federal or state agency. Dated this day of, 20. By:_______________________________________________________________ Authorized Signature/Contractor _______________________________________________________________ Typed Name/Title _______________________________________________________________ Contractor's Firm Name/Telephone Number _______________________________________________________________ Street Address/City/State/Zip Page 13 of 14 Form Invoice (Exhibit “B”) ORGANIZATION LETTERHEAD School Board of Monroe County, Florida Finance Department 241 Trumbo Road Key West, FL 33040 Date: The following is a summary of the expenses for ( Organization name) for the time period of_______ to_______. 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 $ X,XXX.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) $ X,XXX.XX I certify that the above checks or expenses 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 School Board of Monroe County, Florida, and will not be submitted for reimbursement to any other funding source. ________________________________ Authorized Representative Attachments (supporting documentation) Sworn to and subscribed before me this ____ day of __________ 2007 by__________________ who is personally known to me. ____________________ Notary Public Notary Stamp Page 14 of 14