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Item F29County off Monroe ELj »moo � i G�, � BOARD OF COUNTY COMMISSIONERS /� ri � �� Mayor George Neugent, District 2 The Florida. Ke Sew', y i Mayor Pro Tern David Rice, District 4 ; -== :'„ j y Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting November 14, 2017 Agenda Item Number: F29 Agenda Item Summary #3547 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Laura DeLoach (305)292-4482 N/A AGENDA ITEM WORDING: Approval of an amendment to an agreement with Florida Keys Healthy Start Coalition, Inc., to extend the FY2017 grant agreement period and unexpended budget, $2,750.00, through October 31, 2017. ITEM BACKGROUND: Due to the impact from Hurricane Irma there is a need to extend the agreement period, one month, to ensure the successful completion of the prenatal care program. PREVIOUS RELEVANT BOCC ACTION: The BOCC Approved FY2017 HSO Agreement on 10/19/2016 Item C.37: Funding for financial assistance for prenatal care for uninsured and underinsured pregnant women in Monroe County CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Amendment 1 Healty Start Agreement Healthy Start —Executed FY17 FINANCIAL IMPACT: Effective Date: 10/1/2016 Expiration Date: 10/31/2017 Total Dollar Value of Contract: (Extension) $2,750.00 Total Cost to County: $2,750.00 Current Year Portion: 2750 Budgeted: Yes Source of Funds: 1 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No Grant: No County Match: N/A Insurance Required: N/A Additional Details: N/A If yes, amount: 11/14/17 001-03242 - FL KEYS HEALTHY START REVIEWED BY: Tina Boan Christine Limbert Maria Slavik Kathy Peters Board of County Commissioners $2,750.00 Completed 10/31/2017 9:56 AM Completed 10/31/2017 10:01 AM Completed 10/31/2017 10:30 AM Completed 10/31/2017 10:33 AM Pending 11/14/2017 9:00 AM AMENDMENT 1 TO AGREEMENT WITH FLORIDA KEYS HEALTHY START COALITION, INC. THIS AMENDMENT is made and entered into this 14th day of November, 2016, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "COUNTY," and Florida Keys Healthy Start Coalition, Inc. hereinafter referred to as "AGENCY". WHEREAS, the COUNTY awarded a grant to the AGENCY to implement a program providing financial assistance for prenatal care for uninsured and underinsured pregnant women in Monroe County; and WHEREAS, the COUNTY and AGENCY entered into an Agreement ("Agreement") on October 19, 2016 for the AGENCY to implement said services under the program; and WHEREAS, due to the impacts from Hurricane Irma there is a need to extend the agreement period to ensure the successful completion of the program; and WHEREAS, an amendment to the Agreement is needed to reflect a change in the grant period; NOW THEREFORE IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. Section 1 FUNDING, Paragraph 1 of the Agreement shall be amended to reflect the new term of Agreement from October 1, 2016 through October 31, 2017. 2. In all other respects the Agreement dated October 19, 2016 remains in full force and effect. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] 1 In WITNESS WHEREOF each party hereto has caused this contract to be executed by its duly authorized representative. (SEAL) ATTEST: KEVIN MADOK, CLERK Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman Florida Keys Healthy Start Coalition, Inc. By Print Name $ CLiL ( Title 2 This Agreement is made and entered Into this 19th day of October, 2016, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Florida Keys Healthy Start Coalition, Inc., hereinafter referred to as "PROVIDE.: WHEREAS, the PROVIDER Is a not -for -profit corporation established for the provision of financial assistance with pre -natal care for uninsured and under -insured pregnant women In Monroe County, and WHEREAS, It is a legitimate public purpose to provide facilities and services for financial assistance with pre -natal care for uninsured and under -insured pregnant women in Monroe County, now, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as ■ ,l _Jr4;# 4127 OR off facilities and services for financial assistance with pre -natal care for uninsured and under -insured pregnant women living in Monroe County, Florida, shall pay to the PROVIDER the sum of FORTY THOUSAND AND M 11 DOLLARS 41 1!1 11) for fiscal year1 ■- 1 2. TERM. This Agreement shall commence on October 1, 2016, and terminate September 30, 2017, unless earlier terminated pursuant; other provisions herein. during termination,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 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 otherwise`/ ` by S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further th..- purpose of this Agreement; provided that all applications, requests, grant proposals, and funding, solicitations shall be approved by each party prior to submission. 6. 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 bg accounted for pursuant to statutory requirements. In addition, If PROVIDER Is required to provide an audit as set forth In In Section 9(e) below, the audit shall be prepared by an Independent certified public accountant (CPA) with a current license, In good standing with the Florida State Board of Accountancy, and maintain malpractice Insurance covering ■it services provided. If th- PROVIDER receives0I01 or # grant funding from the County, the CPA must also be a member of the American Institute of Certified Public Accountant (AICPA). The County shall be considered an "intended recipient" of said audit. CountyS. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable E 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 E by the i PROVIDER In conjunctionAgreement; and the County right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. ■■ ■ f i a I. i i f f t 1 t # #. #MIA# (a) IRS Letter of Determination and GUIDESTAR printout indicating current 501(c)(3) status; (b) Proof of registration with the Florida Department of Agriculture as required by Florida Statute 496.405 # the Florida Department of -r e by Florida Statute 617.01201 or proof of exemption from registration as per Florida Stature 496.406. (c) List of the Organization's Board of Directors of which there must be at least 5 and for each board member please Indicate when elected to serve and the length of term of service; (d) Evidence of annual election of Officers and Directors; Unqualified audited financialstatement from the most recent _ year for all organizations a... expend 00 .yearor i qualified, includea statementof cleficiencles with corrective actions recommended/taken; 1. If the PROVIDER receives $100,000 or more in grant funding from the County an audit shall be prepared by an independent certified public accountant (CPA): a. The "A must have a current■f■■ standing with the Florida State Board of AccountancyL b. The CPA must be a member of the American Institute of Certified Public Accountant y c. .. . must maintain.! w ■ ■ _ audit services provided r d. The County shall be considered an "Intended recipient" of said audit." (f) Copy of a filed IRS Form 990 from most recent fiscal year with all attached schedules; (g) Organization's Corporate Bylaws, which must Include the organization's mission, board and membership composition,and process for■n of officers; r _r- i �' it i - ■ ■ "�I r � .■ - ! a r ■ ■ r- ! ■- - t !." !: - tea. 1€ specificallythis Agreement or provision of the services under this Agreement. County and PROVIDER ■ -- that no party to this Agreement /e required to enter ■ ■' proceedings related to this Agreement. 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest,/ !conflict zr degree with Its performance under this Agreement, and that only Interest of each Is to perform ■ receive benefits - Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing i with - prior f! f of the Board, which approvalbe subject conditions af provisions as the Board may deem necessary. This agreement / Incorporated by - - Into any assignmentand any assignee shall complyof the provisions herein. Unless expressly provided for therein, such approval shall In no manner or event be deemed -d f impose any obligation u/! - Board In addition agreed s! contain 26. AUTHORITY. Each partyrepresents/ warrants to the other'i',f delivery and performance of Agreement have been duly authorized by all necessaryCounty ■ corporate ',■ required by law. r 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to Indemnifyand !■ harmless Monroe CountyBoard of CountyCommissioners from 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 employees, agents, or volunteers, 28. PRIVILEGES k IMMUNITIES. All of the privileges / immunities from liability, exemptions / ordinances, ! pensions ; disability, 1workers' 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 ! / the County!■ to the same degree and employeesextent to the performance of such functions and duties of such officers, agents, volunteers, or /e the territorial limits / the County. ■ -• ! ■' ".■ i ■ i. l:" • of � /<f ! • Contract -FL Keys Healthy Start -FYI i; page 5 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. 30. 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 fromobligation or /■ i Imposed upon the entity by except a the extent of a timely performance thereof by 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,- statute, and case 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any thlrd-party claim or entitlement to or benefit of any service or program contemplated hereunder,and the County and the PROVIDER agree that neither the County nor the PROVIDER 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. 32. 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 • ■ any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing a hand -delivered or mailed, postage pre -paid, by certified mail,receipt requested, to the other party as follows: For Board: Grants Administrator and 1 SimontonStreet Key West, FL 33040 - .■ MIMI,r. r 1100 Simonton'aa P.O. Box ■ .r Key West, FL 33041 305-293-8424 1 • FAX • €' �•• " ! Box 1026 Key West, FL i• • a . • i a - 0114981 Big V144m# or! a / 'am - In enforcement or Interpretation of this Agreement, the County and PROVIDER agree that venue will lie In the appropriatea 1€ before riate administrative body Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting Interpretations of the terms or - of Agreement by or between of - be submitted -• ! prior to the institution of other administrative or legalproceeding. breach,35. 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 either of the same conditions or ■ - or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions ■ provisions if this Agreement,not be '■ thereby; and each remaining covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a vali■ provision ■ possible to the intent ■:` the stricken provision. ENTIRE37. AGREEMENT. ■-artles hereto with respect to _ subject matter hereof i supersedesand all prior 2greements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFF BLANK WITH SIGNATORYFOLLOW] as E Contract -FL !Gays Healthy Start -FYI 7; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed of day and year first written above. HEAVILIN, CLERK Clerk 11-3-140 W-� I � - Witness Witness Na-ill ASLSISDate LT COUNTY ATTORNEY _ Contract -Ft Keys Healthy Start -FYI 7; page ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document Is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needsto also contain the following notarized certified "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding ■ ': - Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Reimbursement requests will be monitored in accordance with the level of detail In the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves 0 the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to • r Data Processing, vendor Invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are >_ attachedThe and certified. CD Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed, If a Payroll Journal Is provided, It should include: dates, employee name, salary or hourly rate, total LU hours worked, withholding information and paid payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract Is required for reimbursement. For overnight or express deliveries, the vendor Invoice must be Included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable >.■' Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract Is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, For supplies or services ordered, a vendor Invoice Is required. Contract -FL Keys Healthy Start-FY17, page Tellefax, Fax, etc. x fax log Is required. The log must define sender,- Intended recipient,date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted Including: the party called, the caller, the telephone ■- the date, and the purpose of ExpensesTravel and Meat Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid In accordance with Monroe ■ r■ of Ordinances ■ State laws andregulations. '■ • statements not acceptable documentation for reimbursement. If attending a conference or meeting, a copy of the agenda Is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. • travel Itinerary Is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. are not reimbursed If taken to arrive at a departure 1. ■ - taking taxi from one's residence to the airport for a business trip is not reimbursable. Parking Is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. relatedA detailed list of charges Is required on the lodging Invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and bed tax. Room service, movies,personal telephoneare not allowable it Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE LICY of the Monroe County Code of Ordinances. An odometer reading must be ■-■ ■-! state travel voucherfor r- Is note■ from residence or office to a point of departure. Forexample, driving from ■ -'s home to the airport AWN ■ r ■ ■ . ■ - expense. Non -allowable specifically included In the contract), contributions, depreciation expenses (unless specifically included In the contract), entertainment expenses, fundralsing, non -sufficient check charges, penalties ■ ATTACHMENT B Department 1 - ■ Street Xey West, FL i■ ■ ■ ■ ■ - - M- - ■Y ■.-T- ij■ • / !■ Check # Payee Reason Amount 11 Company A Rent 102 Company B Utilities XXX.XX 104 Employee A P/R ending 5/14 1 XXX.XX 105 Employee 5 P/R ending 5/ 1 XXX.XX () Total UIXXK.2% ( ) Total prior payments $ X,XX.XX Total . paid Total Balance of contract.X I certify that - above checks.. submitted to the vendorsas / and that Furthermore,expenses are accurate and In agreement with the records of this organization. these expenses are In compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. 1 ■ \ ■ ■ ■ ■ ■ Sworn to and subscribed before me this - day of ■ Is personally kn■ to me. Notaryublic Notary Stamp Contract -FL Keys Healthy Start -FYI ; page 1 ■ 'TS-Mrr'A cum M • infants in the Florida Keys. Healthy Babies Program which qualifies and provides a financial subsidy to ensure underinsured and uninsured pregnant women have access to prenatal care, as well as defraying approved administrative costs. This program assists women who would likely delay or forgo their prenatal care if this assistance was not provided. Both the care to be provided and client financial arrangements are established in Vendor Agreement protocols in place with participating providers. E '0 C 0 E "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 CONTRACTOR 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." AW 4(-eA5 I have read the above and state that neither apondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. 4 -t t no tin. igAn`aru�re} Date: STATE OF: F�G�dj COUNTY OF: Ay/ QL Subscribed and sworn to (or affirmed) before me on 9 —XP - (date) by "Cit2t2g4 JK5L--,4�C (name of affiant). He/She is 2qLqonally _kaow-H to me or has producet identification. My Commission Expires: n -1--7 11 -zu :��, - llll� I I ETHICS CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA M r_1 Wf-1T4qXK I zj-4aAA "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-19,90. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement 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." rX (-Wlgn'ature) Date: LA STATE OF, )0 M d —Ck COUNTY OF: I � Subscribed and swom to (or affirmed) before me on 01-0 (date) by (name of affiant). He/She is p ,ff Ann sm-IMOMME-M-1m qv ZESEff-M NOTARY My Commission Expires:-7- I I ATTACHMENT IF 111=11MIRIF1111 I INTO& 11111 i 1 . Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. 6 Signature) Date: 9 1 r STATE OF: COUNTY OF: 7W__1jWW (date) by Subscribed and sworn to (or affirmed) before me on -_ ion Qv6nana Tiw. (name of affiant). He/She is personally known to me or has �roduced — (type of identification) as identification. 44K— LEM SMaM NbTARY 15UBLIC MYCOMMISSO'rttJEEBMIS EXPIRES: February 2,2017 My Commission Expires: UWW n" su* " U*ft I I FY17 Annual Performance Report (For year October 1, 2016 — September 30, 2017) 0�= POC Phone/Email Grant Amount r_-Vir--T4V.r.rMTBF Per Section 9 of your contract, it is required that you fill out the entire form and answer every question. Narrative on the FY17 Performance (i.e. successes, challenges, etc): 1. Please list services and client information below for the program/activities funded by the Monroe County award. Services- Target Populaffon 4oflPersohs4n -tar ulaton Tbts1*ofc'1fdnb�--;3erved In F.Ylff- UriduOlicated Clients, Served' I PRIOR 111�111 !1111 I (W.Mas] I I I of 01 f A 1;&.1011 a In :x-ign It : &J7#2 IN to 1 4 =—AFfiXOP M-Ir#Tffit� I t =I FA TI- " M 713 11 "11 Contract -A Keys Healthy Start -FYI 7, page 16 (Pleas. - breakdown between salary and benefits.) .T11 M M11- mill you ■ f f ■ •: fIM 16. What percentage of your expenses are program service expenses versus management and general expenses in FY17 as reported on your IRS Form 990? Contract -FL Keys Healthy Start-FYI7; page 17