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Item C37County of Monroe The Florida Keys 40 Commissioner David Rice 9400 Overseas Highway, Ste. 210 Marathon Airport Terminal Building Marathon, FL 33050 PH.: 305-289-6000 EM: rice-david(d,monroecounty-fl.eov Office EM: boccdis4(a,monroecounty-fl.¢ov BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers, District 3 Mayor Pro Tern George Neugent, District 2 Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 Interoffice Memorandum AMENDED Date: October 19, 2016 To: Amy Heavilin, Clerk of the Court County Clerk's Office �c} From: Commissioner David Rice, District 4 X 70� RE: AMENDED NOTICE OF VOTING CONFLICT Per Florida Statute 112.3143, I hereby disclose by written memorandum that I will abstain from the vote on certain issues that are brought before the Monroe County Board of Commissioners with entities that I am involved with. I will abstain from the vote on issues concerning the following entities: Guidance Care Center, Inc., a private, not -for -profit entity, which receives some of its operational funding from the County, as I currently sit on the Board of Directors of the Care Center. I am also a member of the Board of the Historic Florida Keys Foundation, Inc. At the October 19, 2016 BOCC meeting, I will abstain from the vote on the following item(s): #C32, C37(n, C38, C39 Copy of agenda item(s) attached for documentation. County of Monroe The Florida Keys Commissioner David Rice 9400 Overseas Highway, Ste. 210 Marathon Airport Terminal Building Marathon, FL 33050 PH.: 305-289-6000 EM: rice-davidaa,monroecounty-fl.gov Office EM: boccdis4(a monroecounri-flgov BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers, District 3 Mayor Pro Tern George Neugent, District 2 Danny L. Kolhage, District i David Rice, District 4 Sylvia J. Murphy, District 5 Interoffice Memorandum Date: October 12, 2016 To: Amy Heavilin, Clerk of the Court County Clerk's Office From: Commissioner David Rice, District 4 RE: NOTICE OF VOTING CONFLICT Per Florida Statute 112.3143, I hereby disclose by written memorandum that I will abstain from the vote on certain issues that are brought before the Monroe County Board of Commissioners with entities that I am involved with. I will abstain from the vote on issues concerning the following entities: Guidance Care Center, Inc., a private, not -for -profit entity, which receives some of its operational funding from the County, as I currently sit on the Board of Directors of the Care Center. I am also a member of the Board of the Historic Florida Keys Foundation, Inc. At the October 19, 2016 BOCC meeting, I will abstain from the vote on the following item(s): #C32, C38, C39 Copy of agenda item(s) attached for documentation. BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Heather Carruthers, District 3 The Florida Keys Mayor Pro Tern George Neugent, District 2 Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting October 19, 2016 Agenda Item Number: C.32 Agenda Item Summary #2206 BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Doug Sposito (305) 292-4416 None AGENDA ITEM WORDING: Approval of the Eighth Renewal to Agreement with the or use of the wastewater treatment plant by the Marathon Detention Facilrnnstimated amount 10,000. ITEM BACKGROUND: The agreement with Guidance/Care Center, Inc. for use of the wastewater treatment plant by the Marathon Detention Facility expired on March 6, 2016. In accordance to Article 1 of the original Agreement dated March 7, 1990, the agreement may be renewed for ten successive three year terms, after the initial five year term. This will be the eighth renewal option leaving two additional successive three year terms available. PREVIOUS RELEVANT BOCC ACTION: On March 7, 1990, the BOCC approved the original five-year Agreement with the Guidance Clinic for use of their wastewater treatment plant by the Marathon Detention Facility. On April 19, 1995, the BOCC approved an amended Agreement for an additional three years, with renewal options. On February 11, 1998, the BOCC approved the second three-year term, and on February 21, 2001, the BOCC approved the third three-year term. On August 15 2001, the BOCC approved an Amendment to Agreement increasing the reimbursement for monthly routine maintenance charges from up to $300.00 per month to up to $500.00 per month. On Februaryy 18, 2004, the BOCC approved the fourth three-year renewal term. On March 21, 2007, the BOCC approved the fifth three-year renewal term. On April 18, 2007, the BOCC approved an Amendment to Agreement increasing the reimbursement for monthly routine maintenance charges from up to $500.00 per month to up to $580.00 per month. On March 17, 2010 the BOCC granted approval of Consent to Assignment and Assumption and Assignment Agreement and approved the sixth three-year renewal term. On March 20, 2013 the BOCC approved the seventh three-year renewal term with considerations of being connected to the Marathon Central wastewater system. CONTRACT/AGREEMENT CHANGES: Renewal Agreement shall commence on March 7, 2016 and terminate on March 6, 2019. STAFF RECOMMENDATION: Approval - Packet Pg. 25 3 ■ f3` BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Heather Carruthers, District 3 The Florida Keys Mayor Pro Tern George Neugent, District 2 Danny L. Kolhage, District I David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting October 19, 2016 Agenda Item Number: C.38 Agenda Item Summary #2231 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Laura DeLoach (305)292-4482 N/A AGENDA ITEM ORDING: _ _ - Approval of agreements with 06ee/Care Cent0for FYI er Acx_Tra crsnrtation..' 'ommunity Transportation for the Disadvantaged, the Substance Abuse Mental Health local match funding and the Jail In -House Program. ITEM BACKGROUND: The Baker Act Transportation funding is $145,000 for FY 17, the same amount as in prior year. The Community Transportation for Disadvantaged Program has a slight increase for FYI required local match in the amount of $47,355. The Substance Abuse Mental Health (SAMH) local matching funds for FYI remains the same at $690,000. A copy of the agreements requiring match are attached. The Jail In -House Program (JIP) recommended funding for FYI is $133,284, the same amount awarded in the Drevious vear. PREVIOUS RELEVANT BOCC ACTION: The FYI funded amounts were included in the County budget process. Annually the County has provided the required local matching funds for SAMH and Baker Act Transportation services as well as discretionary funding for JIP. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: GCC_SAMH_FY17 SIGNED GCC-Transportation FY17 SIGNED_2016-09-29 CrC;C"-JTP FYI7 STGrNF17 ?.016-09-29 FINANCIAL IMPACT: Packet Pg. 1114 County Of MOnrOe BOARD OF COUNTY COMMISSIONERS lr1 Mayor Heather Carruthers, District 3 The Florida Keys Mayor Pro Tem George Neugent, District 2 y Danny L. Kolhage, District I David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting October 19, 2016 Agenda Item Number: C.37 Agenda Item Summary #2227 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME PROXIMATE: STAFF CONTACT: Laura DeLoach (305)292-4482 N/A AGENDA ITEM WORDING: HSO Agreements - Approval of Fiscal Year 2017 contracts with non-profit organizations funded by the Board of County Commissioners through recommendations of the Human Services Advisory Board (HSAB). ITEM BACKGROUND: The H an Services Advisory Board met on July 27, 2016 and made recommendations to the BOCC.1A listing of the funding recommendations is attached. The recommendations were approved as part of the County budget process. PREVIOUS RELEVANT BOCC ACTION: Annually the BOCC accepts recommendations by the Human Services Advisory Board for funding of non -profits providing needed services to the residents of Monroe County. For FY 16 the BOCC approved $1,927,860 in human service funding. As a part of the budget process the BOCC approved $2,000,000 in funding for the FYI funding cycle. /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCU ENTATION: /-- /( , ,,I e` -3- `'� '&0 e — FYI Final HSAB Recommendations Aids Help_FY17_SIGNED_2016-09-30 Anchors Aweigh_FY17_SIGNED_2016-09-30 Boys & Girls Club_FY17_SIGNED_2016-09-29 BurtonMemorial_FY17_SIGNED_2016-09-27 Florida Keys AHEC_FY 17_SIGNED_2016-09-27 Florida Keys Children's Shelter_FY 17_SIGNED_2016-09-27 Florida Keys Healthy Start_FY 17_SIGNED_2016-SIGNED-2016 Florida Keys Outreach Coalition_ SIGNED _2016-09-30 CT) GCC-Heron FY17 SIGNED 2016-09-29 Good Health Clinic _FY17_SIGNED _2016-09-26 Grace Jones _FY17_SIGNED _2016-09-28 Heart of the Keys_FYI7_SIGNED_2016-09-30 Hospice _FY 17_SIGNED_2016-09-27 Independence Cay_FYI7_SIGNED_2016-10-03 KAIR FY17 SIGNED 2016-10-03 Keys to be the Change_FY17_SIGNED_2016-10-03 Kids Come First_FY17_SIGNED_2016-10-03 Literacy Volunteers_FY 17_SIGNED_2016-09-29 MARC _FY 17_SIGNED_2019-09-28 Rural Health Network_FY 17_SIGNED_2016-10-02 Samuel's House_FY17_SIGNED-2016-09-28 Star of the Sea FYI7_SIGNED_2016-09-29 Voices for Florida Keys Children_FY17_SIGNED_2016-09-28 Wesley House_FY17_SIGNED_2019-09-30 Womankind FY17 SIGNED 2016-09-30 FINANCIAL IMPACT: Effective Date: 10/01/2016 Expiration Date: 09/30/2017 Total Dollar Value of Contract: $1,970,000 Total Cost to County: $1,970,000 Current Year Portion: $1,970,000 Budgeted: Yes Source of Funds: 001 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: If yes, amount: 10/19/16 001-03202 • HOSPICE OF FLORIDA KEYS 10/19/16 001-03232 • MARC $190,000.00 10/19/16 001-03235 • FL KEYS CHILDRENS SHELTE 10/19/16 001-03236 - WESLEY HOUSE 10/19/16 001-03215 • WOMANKIND $140,000.00 10/19/16 001-03241 • BOYS AND GIRLS 10/19/16 001-03214 • SAMUEL'S HOUSE $190,000.00 $189,000.00 $169,000.00 $110,000.00 $100,000.00 10/19/16 001-03246 • STAR OF THE SEA FOUNDATI $100,000.00 10/19/16 001-03206 - FL KEYS OUTREACH COALITI $90,000.00 10/19/16 001-03226 • GOOD HEALTH $90,000.00 10/19/16 001-03239 - FL KEYS AREA $65,000.00 10/19/16 001-03240 • RURAL HEALTH $62,000.00 10/19/16 001-03262 - KEYS TO BE THE CHANGE $60,000.00 10/19/16 001-03224 - GRACE JONES $55,000.00 10/19/16 001-03225 - AIDS HELP $55,000.00 10/19/16 001-03259 - THE HERON $47,000.00 10/19/16 001-03205 • LITERACY VOLS OF AMERICA $40,000.00 10/19/16 001-03242 - FL KEYS HEALTHY START $40,000.00 10/19/1 001-03253 • HEART OF THE KEYS YTH CT $40,000.00 10/19/1 001-03260 - KIDS COME FIRST -FL KEYS $33,000.00 10/19/1 001-03243 - KEYS AREA INTERDENOMINAT $30,000.00 10/19/1, 001-03247 - INDEPENDENCE CAY $30,000.00 10/19/116 001-03255 • ANCHORS AWEIGH $20,000.00 10/19/1 001-03261 . VOICES FOR FL KEYS CHILD $15,000.00 10/19/1 001-03256 - BURTON MEMORIAL UMC $10,000.00 Total: $1,970,000.00 REVIEWED BY: Tina Boan Christine Limbert Maria Slavik Kathy Peters Board f County Commissioners i Skipped Completed Completed Completed Pending 10/04/2016 4:43 PM 10/04/2016 5:26 PM 10/05/2016 7:19 AM 10/05/2016 1:45 PM 10/19/2016 9:00 AM CA FY17 HSAB Recommendations NO. APPLICANTS FY17 AMOUNT RECOMMENDED 1 Kids Come First in the FL Keys 33,000 2 Monroe Association for ReMARCable Citizens 190,000 3 Florida Keys Area Health Education Center 65,000 4 Star of the Sea Foundation 100,000 5 Literacy Volunteers of America 40,000 6 Grace Jones Community Day Care Center 55,000 7 Florida Keys Outreach Coalition 90,000 8 Samuel's House 100,000 9 Burton Memorial United Methodist Church 10,000 10 Womankind 140,000 11 Heart of the Keys Recreation Assoc. 40,000 12 Keys to Be the Change 60,000 13 Keys Area Interdenominational Resources 30,000 14 Independence Cay 30,000 15 AIDS Help 55,000 16 Boys & Girls Club 110,000 17 GCC - The Heron 47,000 18 Autism Society of the Keys 0 19 Southernmost Homeless Assistance League 0 20 lAnchors Aweigh Club 20,000 21 Hospice of the Florida Keys (VNA/Hospice) 190,000 22 Voices for Florida Keys Children 15,000 23 Florida Keys Children Shelter 189,000 24 Good Health Clinic 90,000 25 Wesley House 169,000 26 Domestic Abuse Shelter 30,000 27 Rural Health Network 62,000 28 A Positive Step of Monroe County 0 29 Florida Keys Healthy Start Coalition 40,000 TOTAL: $ 2,000,000 AMOUNT AVAILABLE: $ 2,000,000 County of Monroe BOARD OF COUNTY COMMISSIONERS i ' Mayor Heather Carruthers, District 3 � Mayor Pro Tern George Neugent, District 2 The Flonda Keys + v Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting October 19, 2016 Agenda Item Number: C.39 Agenda Item Summary #2235 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Laura DeLoach (305)292-4482 N/A AGENDA ITEM WORDING: Direct Funded Agreements - Approval of Fiscal Year 2017 contracts th Monroe Council of the Arts Corporation d/b/a Florida Keys Council of the Arts and the eys Foundation. lnJ for Board of County Commissioners direct line -item funding. ITEM BACKGROUND: The Florida Keys Council of the Arts and the Historic Florida Keys Foundation, Inc. have historically been funded directly by the BOCC. The amount of FYI funding remains the same as funding received in the prior year. PREVIOUS RELEVANT BOCC ACTION: As a part of the County budget process, for FY17, the BOCC approved funding in the amount of $69,300 to Florida Keys Council of the Arts and $32,450 to the Historic Florida Keys Foundation, Inc. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUM]�NTATION: Florida Keys Council of the Arts _FY17_SIGNED _2016-09-30 Historic Florida Keys Fndt_FYI7_SIGNED_2016-09-27 FINANCIAL IMPACT: Effective Date: 10/01/2016 Expiration Date: 09/30/2017 Total Dollar Value of Contract: $69,300 (Florida Keys Council of the Arts); $32,450 (Historic Florida eys Foundation) acke Pg. 1477 BOARD OF COUNTY COMMISSIONERS County of Monroe A Mayor Heather Carruthers, District 3 ( The Florida Keys (, Mayor Pro Tem George Neugent, District 2 t� ) ��` �� �' Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting October 19, 2016 Agenda Item Number: C.37 Agenda Item Summary #2227 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Laura DeLoach (305)292-4482 N/A AGENDA ITEM WORDING: HSO Agreements - Approval of Fiscal Year 2017 contracts with non-profit organizations funded by the Board of County Commissioners through recommendations of the Human Services Advisory Board (HSAB). ITEM BACKGROUND: The Human Services Advisory Board met on July 27, 2016 and made recommendations to the BOCC. A listing of the funding recommendations is attached. The recommendations were approved as part of the County budget process. PREVIOUS RELEVANT BOCC ACTION: Annually the BOCC accepts recommendations by the Human Services Advisory Board for funding of non -profits providing needed services to the residents of Monroe County. For FYI the BOCC approved $1,927,860 in human service funding. As a part of the budget process the BOCC approved $2,000,000 in funding for the FYI funding cycle. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: FYI Final HSAB Recommendations Aids Help _FY17_SIGNED _2016-09-30 Anchors Aweigh_FY17_SIGNED_2016-09-30 Boys & Girls Club_FY17_SIGNED_2016-09-29 Burton Memorial FY17 SIGNED 2016-09-27 Florida Keys AHEC_FY17_SIGNED _2016-09-27 Florida Keys Children's Shelter_FY17_SIGNED_2016-09-27 Florida Keys Healthy Start_FY 17_SIGNED_2016-SIGNED-29 Florida Keys Outreach Coalition_ SIGNED _2016-09-30 GCC-Heron FY17 SIGNED 2016-09-29 Good Health Clinic FY17 SIGNED 2016-09-26 Grace Jones FY17 SIGNED 2016-09-28 Heart of the Keys_FY17_SIGNED _2016-09-30 Hospice _FY 17_SIGNED_2016-09-27 Independence Cay_FY17_SIGNED_2016-10-03 KAIR FY17 SIGNED 2016-10-03 Keys to be the Change _FY17_SIGNED _2016-10-03 Kids Come First FY17 SIGNED 2016-10-03 Literacy Volunteers_ FY17_SIGNED_2016-09-29 MARC FY17 SIGNED 2019-09-28 Rural Health Network FY17 SIGNED 2016-10-02 Samuel's House FY17 SIGNED-2016-09-28 Star of the Sea FY17 SIGNED 2016-09-29 Voices for Florida Keys Children _FY17_SIGNED_2016-09-28 Wesley House _FY17_SIGNED _2019-09-30 Womankind FY17 SIGNED 2016-09-30 FINANCIAL IMPACT: Effective Date: 10/01/2016 Expiration Date: 09/30/2017 Total Dollar Value of Contract: $1,970,000 Total Cost to County: $1,970,000 Current Year Portion: $1,970,000 Budgeted: Yes Source of Funds: 001 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: 10/19/16 001-03202 10/19/16 001-03232 10/19/16 001-03235 10/19/16 001-03236 10/19/16 001-03215 10/19/16 001-03241 10/19/16 001-03214 If yes, amount: HOSPICE OF FLORIDA KEYS MARC $190,000.00 FL KEYS CHILDRENS SHELTE WESLEY HOUSE WOMANKIND $140,000.00 BOYS AND GIRLS SAMUEL'S HOUSE $190,000.00 $189,000.00 $169,000.00 $110,000.00 $100,000.00 10/19/16 001-03246 STAR OF THE SEA FOUNDATI 10/19/16 001-03206 FL KEYS OUTREACH COALITI 10/19/16 001-03226 GOOD HEALTH 10/19/16 001-03239 FL KEYS AREA 10/19/16 001-03240 RURAL HEALTH 10/19/16 001-03262 KEYS TO BE THE CHANGE 10/19/16 001-03224 GRACE JONES $55,000.00 10/19/16 001-03225 AIDS HELP $55,000.00 10/19/16 001-03259 -THE HERON $47,000.00 10/19/16 001-03205 LITERACY VOLS OF AMERICA 10/19/16 001-03242 FL KEYS HEALTHY START 10/19/16 001-03253 HEART OF THE KEYS YTH CT 10/19/16 001-03260 KIDS COME FIRST -FL KEYS 10/19/16 001-03243 KEYS AREA INTERDENOMINAT 10/19/16 001-03247 INDEPENDENCE CAY 10/19/16 001-03255 ANCHORS AWEIGH 10/19/16 001-03261 -VOICES FOR FL KEYS CHILD 10/19/16 001-03256 - BURTON MEMORIAL UMC Total: REVIEWED BY: Tina Boan Christine Limbert Maria Slavik Kathy Peters Board of County Commissioners Skipped Completed Completed Completed Pending $100,000.00 $90,000.00 $90,000.00 $65,000.00 $62,000.00 $60,000.00 $40,000.00 $40,000.00 $40,000.00 $33,000.00 $30,000.00 $30,000.00 $20,000.00 $15,000.00 $10,000.00 $1,970,000.00 10/04/2016 4:43 PM 10/04/2016 5:26 PM 10/05/2016 7:19 AM 10/05/2016 1:45 PM 10/19/2016 9:00 AM FY17 HSAB Recommendations NO. APPLICANTS FY17 AMOUNT RECOMMENDED 1 Kids Come First in the FL Keys 33,000 2 Monroe Association for ReMARCable Citizens 190,000 3 1 Florida Keys Area Health Education Center 65,000 4 Star of the Sea Foundation 100,000 5 Literacy Volunteers of America 40,000 6 Grace Jones Community Day Care Center 55,000 7 Florida Keys Outreach Coalition 90,000 8 Samuel's House 100,000 9 Burton Memorial United Methodist Church 10,000 10 Womankind 140,000 11 Heart of the Keys Recreation Assoc. 40,000 12 Keys to Be the Change 60,000 13 Keys Area Interdenominational Resources 30,000 14 Independence Cay 30,000 15 1AIDS Help 55,000 16 Boys & Girls Club 110,000 17 GCC - The Heron 47,000 18 Autism Society of the Keys 0 19 Southernmost Homeless Assistance League 0 20 Anchors Aweigh Club 20,000 21 Hospice of the Florida Keys (VNA/Hospice) 190,000 22 Voices for Florida Keys Children 15,000 23 Florida Keys Children Shelter 189,000 24 Good Health Clinic 90,000 25 Wesley House 169,000 26 Domestic Abuse Shelter 30,000 27 Rural Health Network 62,000 28 A Positive Step of Monroe County 0 29 Florida Keys Healthy Start Coalition 40,000 TOTAL: $ 2,000,000 AMOUNT AVAILABLE: $ 2,000,000 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 A.H. of Monroe County, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of supportive services to HIV -infected residents, and WHEREAS, it is a legitimate public purpose to provide facilities and services for supportive services to HIV -Infected residents, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for supportive services to HIV -infected residents of Monroe County, Florida, shall pay to the PROVIDER the sum of FIFTY-FIVE THOUSAND AND NO/100 DOLLARS ($55,000.00) for fiscal year 2016-2017. Z. TERM. This Agreement shall commence on October 1, 2016 and terminate September 30, 2017, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. 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 below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final Invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. I 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 shown in Article 1, above, during the term of this agreement. 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 termination, unless otherwise required by law. 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 the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract --AIDS Help -FYI 7, page Y 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 be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 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 the audit services provided. If the PROVIDER receives $100,000 or more in 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. N S. PUBLIC ACCESS. The County and PROVIDER 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 PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A-J must be provided prior to the payment of any invoices): (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 and the Florida Department of State as require 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; (e) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies 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 CPA must have a current license, in good standing with the Florida State Board of Accountancy;. b. The CPA must be a member of the American Institute of Certified Public Accountant (AICPA); c. The CPA must maintain malpractice insurance covering the audit services provided and 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 election of officers; Contract -AIDS Help-FYI7, page 2 (h) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (i) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (j) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical Information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved (see Attachment G); (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER 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 PROVIDER 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 PROVIDER 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 PROVIDER 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 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. Contract -AIDS Help -FYI 7; page 3 COMPLIANCE ISSUES 16. 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. 17. 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. 18. NON-DISCRIMINATION. County and PROVIDER 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 PROVIDER 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 VI 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 patient 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. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER 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 PROVIDER agree to participate, to the extent required by the other party, Contract -AIDS Help -FYI i page 4 in all proceedings, bearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER 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. 23. 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. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER 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. 25. ATTESTATIONS. PROVIDER 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. 26. 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. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and mold 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. 28. 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. 29. 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 Contract -AIDS Help-FY17, 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 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. 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 third -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. GENERAL 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 signing any such counterpart. 33. 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: Grants Administrator and 1100 Simonton Street Key West, FL 33040 FQr PROVIDER Scott Pridgen, Executive Director A.H. of Monroe County, Inc. 1434 Kennedy Drive Key West, FL 33040 305-296-6196 305-296-6337 FAX Monroe County Attorney PO Box 1026 Key West, FL 33041 34. 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. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County Florida. Contract -AIDS Help-F'Y17" page 6 The County and PROVIDER agree that, In the event of conflicting Interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 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 breach, either of the same conditions or covenants 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 and provisions of this Agreement, shall not be affected thereby; and each remaining term, 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 valid provision that comes as close as possible to the Intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. (THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract -AIDS Help-FYI7 page 7 WHEREOF,IN WUNESS parties hereto have caused these presents to be executed a ---- if the day and year first written above. (SEAL) ATTEST: A Y HEAVILIN, CLERK of Monroe County, Inc. (Federal �� m11 #il Pi r 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 needs to also contain the following notarized certified statement: "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 source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. 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 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 expenses. 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, Services, etc. For supplies or services ordered, a vendor invoice Is required. Contract -AIDS Help-FYI7; page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses 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 County Code of Ordinances and State laws and regulations. Credit card statements are 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. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. ram. A 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 related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract -AIDS Help-FYI7 page 10 ATTACHMENT B 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 $ Xa XX X.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) $ X1XX -XX I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this day of 20 by who is personally known to me. Notary Public Contract -AIDS Help-FY17: page I Notary Stamp Attachment C Services to be provided: AHI has served the community for 30 years to address treatment needs for more than 3,600 men, women, and children infected or affected by HIV/ AIDS; prevention services through HIV/STl/HCV screenings, identification of HIV positive persons not in care and linkage to care to achieve viral suppression and zero transmission of HIV as well PrEP/nPEP services for HIV negative persons to keep the HIV negative community NEGATIVE. Housing is provided to the community as a means to transition homeless households from shelters to permanent housing in properties owned by AHI for persons living with HIV/AIDS, Veterans, Elderly, Low Income Families, and other disabilities. Housing is care! AHI has always been, and will continue to be, a proactive voice for those struggling with deciding between housing and health. This means we must address supportive/living for residents challenged with existing independently. In 2012, AHI developed a critical partnership with FIU's Robert Stemple School of Public Health to address the need of accurate data through research. AHI and FIU have formed an evidence - based model through an internship program within the Biostatistics Department, Disease Prevention and Health Promotion and the School of Nursing to address graying and aging, leading chronic illnesses and barriers to healthcare unique to Monroe County. The AHI and FIU partnership allows a scientific 0 approach with a focus on housing as being a critical care component. Client/Tenant satisfaction assessments provide critical data toward determining improved health outcomes when housing isn't a barrier to care. ' AIDS Help 2017 HSAB Contract is to continue serving 125 individuals with RN - intensive Case I Management— A licensed Registered Nurse that provides an assessment to all clients/tenants at no charge within the home in order to determine a level of care. The level of care will be assigned to each client/tenant as a way to determine the level/intensity of care in order to allocate care resources appropriately: h)I •Level 1—Client/Tenant has a disabling condition and is engaged in his/her care. I •Level 2 — Client/Tenant has a disabling condition and is NOT engaged in his/her care due to existing barriers such as housing, health care, mental health or substance abuse issues. The Goal is remove the barrier(s) in order to get this group to a level 1. -Level 3 — Client/Tenant has a disabling condition. He/she may or may not be engaged in care and would have more than one or multiple comorbidities such as HIV/AIDS, neuropathy, cancer, liver disease, and kidney failure. Clients/Tenants within this level require a care team consisting of RN -directed Medical Case Management providing services within the home and linkage to care programs, and when necessary, triage to an appropriate facility when independent living is no longer possible. Contract — AIDS Help — FY17; page 12 ATTACHMENT D PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or 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." I have read the above and state that neither f'® P (Respondent's name) nor -� any Affiliate has been placed on the convicted vendor list within the I t 36 months. (Signature) Date: 6!�� z6i; 04 04 STATE OF: COUNTY OF: p � Subscribed and sworn to (or a Irmed before me on -Jew �er P (date) by (name of affiant). HslShe is personaU known to me or has produced (type of identification) as identification. meµ; GMDAUOTTMMW 9MyC0MMSS10N/FF022117 EXPiRE5: August 19, 2017 - Banded TWO Fit Puy uldowma NOTARY PUBL,. My Commission Expires: JI+ j Contract -AIDS Help-FYI7,: page 13 ETHICS CLAUSE ATTACHMENT E SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY, FLORIDA Iva 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. 010-1990. 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." (Signature) Date: &�, z�� STATE OF: i LoLlkb COUNTY OF: Subscribed and sworn to (or affirmed) efore me on "i (date) by LC Le r _ --- (name of affiant) He/5S personally known to mr has produced identification) as identification. Contract AIDS Help-FYI7r page 14 GEs WAU0irAaROf3Li mycalwwsstolr:r rontt7 "} = ''' , •'` IRELAWu1nB,1u0w,r1ien NOTARY PUBLIC My Commission Expires: (type of N, ATTACHMENT F DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: 1 e 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., (Signature) Date: STATE OF, COUNTY OF: r Subscribed aT sw to or affirmed) before me on ax (date) b (name of affiant He1She is personal) kno t a- or has produced (type of identification) as identification. NOTARY PU My Commission Expires: Contract -AIDS Help-FYI7; page 15 FY17 Annual Performance Report (For year October 1, 2016 — September 30, 2017) Agency Name POP Phone/Email ATTACHMENT G Grant Amount 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 Re- successes, challencies, etch uestions- 1. Please list services and client information below for the program/activities funded by the Monroe County award. 3. What number and percentage of your clients/participants were at or below the federal poverty level in FY117; and/or 200%; and/or another standard used by your organization? 111111i��jqi Contract -AIDS Help -FYI 7,- page 16 6. Were the awarded funds used as match in FYI 7? If so, please list matching sources. 7. What area of Monroe County did you serve in FY17? 8. How many total FTEs in your organization? 9. Volunteers: hours of program service were contributed by volunteers in FYI 7. 10. What was the CEO/Executive Director (or highest paid title) compensation in FY17? (Please breakdown between salary and benerrts.) 11. What is your organization's fiscal year? For the following questions, please use the number as reported on your FY17 IRS Form 990. If your FY17 IRS Form 990 is not yet prepared, please estimate for now, and re -submit revised when you have the final numbers. 12. What were your organization's total expenses in FY17? 13. What was your organization's total revenue in FYI 7? 14. What was the organization's total in grants and contracts for FY17? 15. What was the organization's total donations and in -kind (fundraising) in FYI 7? 16. What percentage of your expenses are program service expenses versus management and general expenses in FYI as reported on your IRS Form 990? (Program service expenses are defined as expenses needed to run your programs. Management and general expenses encompass expenses such as fundraising, human resources, salaries of those not working directly with programs, legal services, accounting services, insurance expenses, office management, auditing, and other centralized services.) 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 Anchors Aweigh Club, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of substance abuse services, and WHEREAS, It is a legitimate public purpose to provide facilities and services for substance abuse in Monroe County, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF 'AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for substance abuse services to persons of Monroe County, Florida, shalt pay to the PROVIDER the sham of TWENTY THOUSAND AND NO/100 DOLLARS ($20,000.00) for fiscal year 2016-2017. N 2. TERM. This Agreement shall commence on October 1, 2016, and terminate September ' 30, 2017, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. 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 below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations 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 >- notar€zed certification stateTent. An example of a reimbursement request cover letter is included i as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown In Article 2 above. 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 aggregatesum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 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 termination, unless otherwise required by law. 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 the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract-Armhm Aweigh Club-FYIT page 1 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 be accounted for pursuant to statutory requirements. *L914 PIN 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. In addition, if PROVIDER is �equired to provide an audit as set forth 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 the audit services provided. If the PROVIDER receives $100,000 or more in 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. S. PUBLIC ACCESS. The County and PROVIDER 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 PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A-J must be provided prior to the payment of any invoices): (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 and the Florida Department of State as require 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; (e) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies 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 CPA must have a current license, in good standing with the Florida State Board of AccountancyL b. The CPA must be a member of the American Institute of Certified Public Accountant (AICPA); c. The CPA must maintain malpractice insurance covering the audit services provided and 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 election of officers; Conheci-Arch= Aweigh Club-FYI7; page 2 (h) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (€) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (j} Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall Include statistical Information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved (see Attachment G); (k} Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEYS FEES AND COSTS. The County and PROVIDER 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 PROVIDER 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 LICITATION/PAYMENT. The County and PROVIDER 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 PROVIDER 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 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. conhwd-Arx hors awe4h Club-Fv17 page 3 C.3Zc COMPLIANCE ISSUES 16. 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. 17. 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. 18. NON-DISCRIMINATION. County and PROVIDER 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 PROVIDER 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 VI 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 (P"L 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 patient 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 j 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 0 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. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER 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 PROVIDER 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 Con"d-Arx hors Aweigh Club-FY17,• ~ 4 this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER 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. 2. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior written approval of the Hoard, 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. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER 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. 25. ATTESTATIONS. PROVIDER 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. 26. 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. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Hoard 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. 2. 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. 29. 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 Contract -Anchors Aweigh Club -FYI 7, 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 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. 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 third -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. r� GENERAL N E. 32. Execution in Counterparts. This Agreement may be executed in any number ofCD counterparts, each of whichshall 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. 1 33. 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: Grants Administrator and Monroe County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, FL 33041 For -PROVIDER Stephen Isherwood, Executive Director Anchors Aweigh Club, Inc. 404 Virginia Street Key West, FL 33040 305-296-7888 34. 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. In the event that any cause of action or administrative proceeding is Instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body In Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Conbad-Anchors Aweigh Club -FYI 7,• page 6 F Packer 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 breach, either of the same conditions or covenants 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 and provisions of this Agreement, shall not be affected thereby; and each remaining term, 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 terns, 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 valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract Aweigh Club-FY17, page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: AMY HEAVILIN, CLERK Deputy Clerk 'Isla Lill] 0 1 .p a. By Mayor/Chairman 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 needs to also contain the following notarized certified statement: "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 source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. 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 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 expenses. 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, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract -Anchors Aweigh Club-FY17, page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses 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 County Code of Ordinances and State laws and regulations. Credit card statements are 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. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. N A 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 related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract -Anchors Aweigh Club -FYI 7 page 10 ATTACHMENT B 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.X (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 organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this day of 20 by _ who is personally known to me. Notary Public Notary Stamp Contract -Anchors Aweigh Club-FYIT page f f ATTACHMENT C Anchors Aweigh Club Inc. (AACI) was incorporated in 1983 as a place where Twelve Step groups can meet and gather socially. Those who are seeking freedom from their addictions have found AACI to be a safe, welcoming place to purse their recovery one day at a time. AACI is a 3, 500 square foot facility and adjacent garden that serve as various meeting and gathering spaces, coffee bar, and refuge for members and visitors. In 2015, over 70.000 souls visited AACI, with over half of those living in Monroe County Florida. AACI hosts 8 to 10 recovery and/or addiction related meetings a day. three hundred and sixty- five days a year. Every day approximately 180 people attend meetings at the Clubhouse, located at 404 Virginia Street in Key West. The Club is open from 6:30 am to 9:30 pm every day. On E special dates, such as Fantasy Fest and New Year's Eve, the club has a tradition of remaining open all night to provide a safe haven and meetings for those trying to remain sober amidst the party atmosphere of Key West. 0 U) Our operating costs (including but not limited to utility bills, supplies of all kinds, insurance N costs. building maintenance) continue to increase. Our utility bills alone were over $16,000 in N 2015. In addition to this, we have had. in 2016, to tent our building and have a new roof installed. Also with nearly 200 people coming through the facility every single day, things wear out and need to repaired, updated, maintained etc. This year we have finished updating and repairing our front coffee bar, as well as repair and repaint our restroom facilities, and purchase new ceiling tiles to replace those damaged by the roof issues referred to herein. We will also C41 have to repaint our front porch and side stairs, as well as replace some of the boards making up W z those items. We have had and continue to have fundraisers and events to cover some of these CD costs, but they as well as the group rents do not cover all of these required expenses. Our coffee U)l bar does sell that beverage as well as other items, but it is designed and intended as a convenience and gathering place for our members and visitors. Additionally. AACI owns our U- building, and is currently paying down on a refinanced mortgage which we have reduced the principal on by over $ 100,000; however, over $100,000 remains, with monthly payments of over $1100.00 which must be met prior to any of the other costs described above. As the board will see, for AACI to be able to continue to provide the consistent, nearly constantly available services it has for over thirty years, has taken the caring and commitment of a multitude of individual effort, and a large and increasing investment of funds to continue operations. We sincerely thank the HSAB for the support they have provided to AACI through the years, and hope they know that the gifts they provide are put to excellent use. ATTACHMENT D PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or 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." have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the lasi"36 months. Date: STATE OF: COUNTY OF: Subscribed and sworn t (or affirmed) Yefore me on (date) by - r (name of affiant). (Hej6he is personally known to me or has produced (type of identification) as identification. N My Commision Expires: CATHERINE FREOERICIf MY COMMISSION 0 GO 017741 EXPIRES:AugusI $ 2020 BaidldTlru Notary PubGelkiderwrtres Contract -Anchors Aweigh club-FYI7, page 13 ATTACHMENT E SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE u kcLrs A-e-vc k (Company) "...warrants that helit 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. 010-1990. 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 fo er County officer or employee." (Signature) Date: STATE OF: P(arF-A-- COUNTY OF: Subscribed and sworn to (or affirmed) before me on le6 (date) by oel g-21 (name of afFiant) OHIShe is personally known to me or has produced (type of identification) as identification. NOTARY PU _ LI My Commi ion Expires: ��'►' CATHERiNE FREDERICK K� M'COMMt8 MI M GG 017T41 E (MES: Aoptat 2, 2020 BMW Ttra Notary p to UiW ,,tM Conhadl Anchors Aweigh Club -FYI 7° page 14 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287. M (Name of Business) ATTACHMENT F certifies that: 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. S. 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, requirements. STATE OF: 1 COUNTY OF: Subscribed orid swornaffirmed) be6le me on (date) by ( ) personally k_=rxr1e name of affiant . he is or has f1roduced (type of Identification) as -- - - - - - - identification. %. Cwfr d Al dim Aweigh CUB-FY17,• page 15 Commission Expires: /,0-%j,'V4N CATHERINE FREDERICK MY COMMISSION $; t i GG 017741 EXPIRES: Asgut 2, 2am BW4*dThruNot" pw. ATTACHMENT G FY17 Annual Performance Report (For year October 1, 2016 — September 30, 2017) Agency Name POC Phone/Email Grant Amount 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 Questions: 1. Please list services and client information below for the program/activities funded by the Monroe County award. 2. What were the measurable outcomes (including numbers) accomplished in FY17? Please base these outcomes on the services you identified in Question #1,. 3. What number and percentage of your ciientslparticipants were at or below the federal poverty level in FY17; and/or 200%, and/or another standard used by your organization? 4. Were all the awarded funds used in FY17? If not, please explain. 5. What is the number of FTEs working on the program(s) funded by the award in FY17? Contract -Anchors Aweigh Club-FYI7 page 16 6. Were the awarded funds used as match in FY17? If so, please list matching sources. 7. What area of Monroe County did you serve in FY17? 8. How many total FTEs in your organization? 9. Volunteers: hours of program service were contributed by volunteers in FY17. 10. What was the CEO/Executive Director (or highest paid title) compensation in FY17? (Please breakdown between salary and benefits.) 11. What is your organization's fiscal year? For the following questions, please use the number as reported on your FY17 IRS Form 990. If your FY17 IRS Form 990 is not yet prepared, please estimate for now, and re -submit revised when you have the final numbers. 12. What were your organization's total expenses in FY17? 13. What was your organization's total revenue in FY17? 14. What was the organization's total in grants and contracts for FY17? 15, What was the organization's total donations and in -kind (fundraising) in FY17? 16. What percentage of your expenses are program service expenses versus management and general expenses in FY17 as reported on your IRS Form 990? (Program service expenses are defined as expenses needed to run your programs. Management and general expenses encompass expenses such as fundraising, human resources, salaries of those not working directly with programs, legal services,, accounting services„ insurance expenses, office management, auditing, and other centralized services.) Con1mct-Anchors Aweigh Club-FY17 page 17 AGREEMENT This Agreement is made and entered into this 19th day of October, 2016 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter "Board" or "County," and Boys and Girls Clubs of the Keys Area, Inc., hereinafter "PROVIDER." between the referred to as referred to as WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of activities for the wholesome development of youths' personal, social, physical, emotional and spiritual growth, and WHEREAS, it is a legitimate public purpose to provide facilities and services for activities for the wholesome development of youths' personal, social, physical, emotional and spiritual growth, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for activities for the wholesome development of youths' personal, social, physical, and emotional growth in Monroe County, Florida, shall pay to the PROVIDER the sum of ONE HUNDRED TEN THOUSAND AND NO/100 DOLLARS ($110,000.00) for fiscal year 2016-2017. 2. TERM. This Agreement shall commence on October 1, 2016, and terminate September 30, 2017, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. 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 below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. 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 shown in Article 1, above, during the term of this agreement. 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 Hoard 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. 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 the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract -Boys and Girls Clubs - FYI7; page 9 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 be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 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 the audit services provided. If the PROVIDER receives $100,000 or more in grant funding from the County, the CPA must also be a member of the American Institute of CD Certified Public Accountant (AICPA). The County shall be considered an "intended recipient" of said audit. S. PUBLIC ACCESS. The County and PROVIDER 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 PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A-J must be provided prior to the payment of any invoices): (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 and the Florida Department of State as require 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; (e) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies 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 CPA must have a current license, in good standing with the Florida State Board of Accountancy; b. The CPA must be a member of the American Institute of Certified Public Accountant (AICPA); c. The CPA must maintain malpractice insurance covering the audit services provided and 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 election of officers; Contract -Boys and Girls Clubs - FYI 7, page 2 (h) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (i) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (j) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved (see Attachment G); (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER 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 PROVIDER 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 PROVIDER 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 PROVIDER 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 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. Contract -Boys and Girls Clubs - FYI 7, page 3 COMPLIANCE ISSUES 16. 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. 17. 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. 18. NON-DISCRIMINATION. County and PROVIDER 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 PROVIDER 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 VI 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 patient 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. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER 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 PROVIDER 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 Contract -Boys and Gins Clubs - FYI 7; page 4 this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER 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. 23. 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. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER 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. 25. ATTESTATIONS. PROVIDER 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. 26. 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. INDEMNITY ISSUES 27. 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. 28. 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. 29. 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 Contract -Boys and Girls Clubs - FYI 7, 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 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. 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 third -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. GENERAL 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 signing any such counterpart. 33. 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: Grants Administrator and Monroe County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, FL 33041 For PROVIDER Daniel R. Dombroski, Executive Director Boys and Girls Clubs of the Keys Area, Inc. 1400 United St., Suite 108 Key West, FL 33040 305-296-2258 305-296-8475 FAX 34. 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. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Contract -Boys and Girls Clubs - FYI7; page 6 The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 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 breach, either of the same conditions or covenants 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 and provisions of this Agreement, shall not be affected thereby; and each remaining term, , 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 valid provision that comes as close as possible to the intent of the stricken provision. r� 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board.CD [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract -Boys and Girls Clubs - FYI7, page 7 T IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: AMY HEAVILIN, CLERK By Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By. Mayor/Chairman Boys and Girls Clubs of the Keys Area, Inc. (Fe By Contract -Boys and Girls Clubs - FYi7, page 8 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 needs to also contain the following notarized certified statement: "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 source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. 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 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 expenses. 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, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract -Boys and Girls Clubs - FY?T page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses 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 County Code of Ordinances and State laws and regulations. Credit card statements are 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. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A 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 related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract -Boys and Girls Clubs - FYI7, page 10 ATTACHMENT B 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 XXKJxx (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 organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this day of 20T by who is personally known to me. Notary Public Notary Stamp Contract -Boys and Girls Clubs - FYI 7; page 11 ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) 47 04 04 Contract -Boys and Girls Clubs - FYI7, page 12 ATTACHMENT D PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or 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." I have read the above and state that neither .i (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within -the la�m ths. (Signature) Date: f STATE OF: fj- M j v.L COUNTY OF: M CO -.-- Subscribed and sworn to or affirmed) before me on (date) by il���I ��. I _ (name of affiant). He1She is personally known to me or has produced identification. Sylt s U NY er % (type of identification) as NOTARY PUBLIC ll My Commission Expires: �12 !- Contract -Boys and Girls Clubs - FY17; page 13 ETHICS CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY, FLORIDA d— (Company) ATTACHMENT E l "...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. 010-1990. 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 County officer or employee." N N Date: STATE OF: -,FI [: - d o— COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) byQM6 LnIML (name of affiant). He/She is personally known to me or has produced L D1' ,iefS_ �) Q (type of identification) as identification. NOT —/Nib ARY PUBLIC v My Commission Expires: f Contract -Boys and Girls Clubs - FYi7, page 14 ATTACHMENT F DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: 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 polo 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 m comp 'es fully with the above requirements. Date: VF22/ STATE OF:��— COUNTY OF: l 9 ►[� Subscribed and sworn to (or affirmed) before me on ✓�Cf �( (date) by Doft1 e.� �)`__ ____ (name of affiant). He/She is personally known to me or has produced identification. (type of identification) as NOTARY PUBLIC I 2j,�)v-l My Commission Expires: �J Contract -Boys and Girls Clubs - FYI 7, page 15 ATTACHMENT G FY17 Annual Performance Report (For year October 1, 2016 — September 30, 2017) 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): Questions: 1. Please list services and client information below for the program/activities funded by the Monroe County award. 2. What were the measurable outcomes (including numbers) accomplished in FY17? Please base these outcomes on the services you identified in Question #1. 3. What number and percentage of your clients/participants were at or below the federal poverty level in FY17; and/or 200%; and/or another standard used by your organization? 4. Were all the awarded funds used in FY17? If not, please explain. 5. What is the number of FTEs working on the program(s) funded by the award in FY17? Contract -Boys and Girls Clubs - FY17; page 16 6. Were the awarded funds used as match in FY17? If so, please list matching sources. 7. What area of Monroe County did you serve in FY17? 8. How many total FTEs in your organization? 9. Volunteers: hours of program service were contributed by volunteers in FY17. 10. What was the CEO/Executive Director (or highest paid title) compensation in FY17? (Please breakdown between salary and benefits.) 11. What is your organization's fiscal year? For the following questions, please use the number as reported on your FY17 IRS Form 990. If your FY17 IRS Form 990 is not yet prepared, please estimate for now, and re -submit revised when you have the final numbers. 12. What were your organization's total expenses in FY17? 13. What was your organization's total revenue in FY17? 14. What was the organization's total in grants and contracts for FY17? 15. What was the organization's total donations and in -kind (fundraising) in FY17? 16. What percentage of your expenses are program service expenses versus management and general expenses in FY17 as reported on your IRS Form 990? (Program service expenses are defined as expenses needed to run your programs. Management and general expenses encompass expenses such as fundraising, human resources, salaries of those not working directly with programs, legal services, accounting services, insurance expenses, office management, auditing, and other centralized services.) Contract -Boys and Girls Clubs - FY17; page 17 re * T i' •It i' 1 i • • T AGREEMENT 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 Burton Memorial United Methodist Church, hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of a food pantry for disadvantaged persons, and WHEREAS, it is a legitimate public purpose to provide facilities and services for the provision of a food pantry and meals for disadvantaged persons of Monroe County, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for provision of a food pantry for disadvantaged persons of Monroe County, Florida, shall pay to the PROVIDER the sum of TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) for fiscal year 2016-2017. 2. TERM. This Agreement shall commence on October 1, 2016, and terminate September 30, 2017, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. 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 below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. 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 shown in Article 1, above, during the term of this agreement. 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 termination, unless otherwise required by law. 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 the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract -Burton Memorial-FY17; page 1 re * T i' •It i' 1 i • • T 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 be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 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 the audit services provided. If the PROVIDER receives $100,000 or more in 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. S. PUBLIC ACCESS. The County and PROVIDER 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 PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A-J must be provided prior to the payment of any invoices): (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 and the Florida Department of State as require 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; (e) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies 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 CPA must have a current license, in good standing with the Florida State Board of Accountancy; b. The CPA must be a member of the American Institute of Certified Public Accountant (AICPA); c. The CPA must maintain malpractice insurance covering the audit services provided and 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 election of officers; Contract -Burton Memorial=FY17, page 2 re * T i' •It i' 1 i • • T (h) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (i) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (j) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved (see Attachment G); (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER 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 PROVIDER 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 PROVIDER 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 PROVIDER 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 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. Contract -Burton Memorial -FYI 7; page 3 re * T i' •It i' 1 i • • T COMPLIANCE ISSUES 16. 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. 17. 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. 18. NON-DISCRIMINATION. County and PROVIDER 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 PROVIDER 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 VI 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 patient 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. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER 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 PROVIDER 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 Contract -Burton Memorial-FY17; page 4 re * T i' •It i' 1 i • • T this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER 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. 23. 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. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER 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. 25. ATTESTATIONS. PROVIDER 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. 26. 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. INDEMNITY ISSUES 27. 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. 28. 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. 29. 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 Contract -Burton Memorial-FY17; page 5 re * T i' •It i' 1 i • • T 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 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. 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 third -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. GENERAL 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 signing any such counterpart. 33. 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: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Kerry Foote Burton Memorial United Methodist Church 93001 Overseas Hwy. Tavernier, FL 33070 305-852-2581 305-852-4917 FAX Monroe County Attorney PO Box 1026 Key West, FL 33041 34. 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. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Contract -Burton Memorial -FYI 7,• page 6 re * T i' •It i' 1 i • • T The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 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 breach, either of the same conditions or covenants 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 and provisions of this Agreement, shall not be affected thereby; and each remaining term, 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 valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract -Burton Memorial-FYI7; page 7 re It inry r 11 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) Al TEST: AMY HEAVILIN, CLERK --------------------------- Deputy Clerk O&ASA �Witn�ess�� --7ff �V-- Church Leei M1014401119 Im 0 By Mayor/Chairman Burton Memorial United Methodist re * T i' •It i' 1 i • • T 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 needs to also contain the following notarized certified statement: "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 source." Invoices should be billed.to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. 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 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 expenses. 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, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract -Burton Memorial -FYI 7,• page 9 re * T i' •It i' 1 i • • T Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses 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 County Code of Ordinances and State laws and regulations. Credit card statements are 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. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A 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 related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel: Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Conlracl-Burton Memorial-FY17; page 10 re * T i' •It i' 1 i • • T ATTACHMENT B 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,X.X (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) J._.X�Xmxx I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this day of by who is personally known to me. Notary Public Notary Stamp Contract -Burton Memorial -FYI 7,• page 11 20 re •1 in1 i • • T ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) Burton Memorial United Methodist Church (BMUMC) provides two types of food services for the needy -a Food Pantry that serves the upper keys and a free prepared community dinner on Thursday nights. We also have a child development center; we host space for many organizations such as Boy Scout troop 912; we have a designated community peace park; and we sponsor youth activities in the Keys, such as sponsoring a baseball team coached by Pastor Kerry Foote and other volunteers. We also provide space for monthly meetings for the Fire Fighter's Union. We are a Methodist Church, so we provide worship services and we also offer worship space to The Coptic Church, which is not affiliated with the United Methodist organization. This is a partial list of services we provide to our community. As our mission statements begin "We are an uncommon church for common people offering a love of neighbor without boundaries" We live strive to live those words by meeting the needs of our community. The services to be funded by this agreement are the supply of hot meals and groceries to people in need in the upper keys community. This year, we will solicit, collect, organize, store, and distribute approximately 110,000 pounds of groceries and personal hygiene items and prepare and serve about 3,200 meals from our Church in Tavernier Florida. The funds provided under this agreement will purchase food and packaging materials for the Daily Bread Food Pantry and God's Kitchen. Additionally, funds will contribute to direct compensation of Daily Bread Food Pantry Coordinator. re * T i' •It i' 1 i • • T ATTACHMENT D PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or 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." 302T0/Vl EYwO2 TA L UIU= tp ry� ETrIO�T I have read the above and state that neither I-r-Yzr2 `/ Faci E (Respondent's name) nor ei t4 any Affiliate has been placed on the convicted vendor list within the.last 36 months, �n d STATE OF: a 6-1Z ACOUNTY OF: 1 Subscribed and sworn to (or affirmed) before me on (date) by known to me or has -produced ( ign tore) 4, Date: W -7 (name of affiant). He/She is personally (type of identification) as identification. NOTARY PUBLIC My Commission Expires: / Contract -Burton Memorial -FYI 7,page 13 re * T i' •It i' 1 i • • T ETHICS CLAUSE ATTACHMENT E SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA (Company) C (+U 2C +t "...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. 010-1990. 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 recove e full amount of any fee, commission, percentage, gift, or consideration paid to the for r Cpunty officer or employee." T tE A WOLVERiMWADE Notary Public, State of Florida >' �- Signare) Commission.9x0r s FF 411 t iy My Comm expires Julyly 4, 2017 ®._ Date. STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on/ (date) by (name of affiant). He/She is personally known to me or has produced .," (type of identification) as identification. 4�. NOTARY PUBLIC My Commission Expires: Contract -Burton Memorial-FY17,• page 14 re * T i' •It i' 1 i • • T ATTACHMENT F DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 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, requirements.. TAME A. WOLVERTON-WAN 6 Wilary PIJNV Sate of Florida 0,,,0mm[q,s,k)n � FF 33411 My comet, expires July 4, 2017 STATE OF: rc� I certify that this firm complies with the above ignatUre) Date: -A COUNTY OF: Subscribed and worn to (or affirmed) before me on e- (date) by J°w (name of affiant). He/She is personally known to me or has pluced- (type of identification) as identification. NOTARY PUBLIC My Commission Expires: t / Contract -Burton Memorial-FY17; page 15 re •1 in1 i • • , ATTACHMENT G FY17 Annual Performance Report (For year October 1, 2016 — September 30, 2017) Agency Name POC Phone/Email Grant Amount Per Section 9 of your contract, it is required that you fill out the entire form and answer every question. Narrative on the FYI Performance i.e. successes challen es, etc Questions: 1. Please list services and client information below for the program/activities funded by the Monroe County award. 2. What were the measurable outcomes (including numbers) accomplished in FY17? Please base these outcomes on the services you identified in Question #1. 3. What number and percentage of your clients/participants were at or below the federal poverty level in FY17; and/or 200%; and/or another standard used by your organization? 4. Were all the awarded funds used in FY17? If not, please explain. 5. What is the number of FTEs working on the program(s) funded by the award in FY17? Contract -Button Memorial-FY17; page 16 re * T i' •It i' 1 i • • T 6. Were the awarded funds used as match in FY17? If so, please list matching sources. 7. What area of Monroe County did you serve in FY17? 8. How many total FTEs in your organization? 9. Volunteers: hours of program service were contributed by volunteers in FY17. 10. What was the CEO/Executive Director (or highest paid title) compensation in FY17? (Please breakdown between salary and benefits.) 11. What is your organization's fiscal year? For the following questions, please use the number as reported on your FY17 IRS Form 990. If your FY17 IRS Form 990 is not yet prepared, please estimate for now, and re -submit revised when you have the final numbers. 12. What were your organization's total expenses in FY17? 13. What was your organization's total revenue in FY17? 14. What was the organization's total in grants and contracts for FY17? 15. What was the organization's total donations and in -kind (fundraising) in FY17? 16. What percentage of your expenses are program service expenses versus management and general expenses in FY17 as reported on your IRS Form 990? (Program service expenses are defined as expenses needed to run your programs. Management and general expenses encompass expenses such as fundraising, human resources, salaries of those not working directly with programs, legal services, accounting services, insurance expenses, office management, auditing, and other centralized services.) Contract-Burlon Memorial-FY17; page 17 AGREEMENT This Agreement is made and entered into this 19th day ofOctober, 2016, between the BOARD QFCOUNTY COMMISSIONERS OFMONROECOUNTY, FLORIDA, hereinafter referred toas "Board" or "County," and Florida Keys Area Health Education Center, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a nmt'fnrproftcorporatinn established for the provision of health -related services for children and health education, and WHEREAS, it is a legitimate public purpose to provide facilities and services related to health -related services for children and health education, now, therefore, IN CONSIDERATION 0fthe mutual promises and covenants contained herein, it is agreed as follows: 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for health -related services for children and health education for persons living in Monroe County, Florida, shall pay to the PROVIDER the sum of SIXTY-FIVE THOUSAND AND ND/100 DOLLARS ($G5,08O.00)for fiscal year ZO15-2017. 2. TERM. This Agreement shall commence on October 1, 2016, and bsnmKnaha September 30, 2017, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. 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 below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of na|nnbunsenneot request cover letter is included as Attachment B. The onganization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board sbeU reimburse the PROVIDER. 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 ofthis agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement ofexpenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered tothe 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. 5. 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 the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. ounmao*FLxeys A*eC-Fv7;page I 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 be accounted for pursuant to statutory requirements. 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently app|ied. 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 hz||ovv|ng the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant tuthis Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS/ running from the date the monies were paid to PROVIDER. 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 U) license, in good standing with the Florida State Board of Accountancy, and maintain malpractice X.. insurance covering the audit services provided. If the PROVIDER receives $100,000 or more in grant funding from the County, the [PA must also be a member of the American Institute of N Certified Public Accountant (AICA4). The County shall be considered an "intended recipient" of ~~ said audit. �~ S. PUBLIC ACCESS' The County and PROVIDER 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 PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A-3 must be provided prior to the payment of any invoices): (a) IRS Letter ofDetermination and {5UIDESTAR printout indicating current 501bi(3) status; (b) Proof of registration with the Florida Department of Agriculture as required by Florida Statute 496.405 and the Florida Department of State as require 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 S 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; (e) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,080 a year or more; if qualified, include a statement of deficiencies 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 CPA must have a current license, |ngood standing with the Florida State Board of Accountancy� b. The CPA must be a member of the American Institute of Certified Public Accountant(AICPA); c. The [PA must maintain malpractice insurance covering the audit services provided and d. The County shall be considered an "Intended recipient" of said audit." (y) Copy of a f||mU IRS Form 990 from most recent fiscal year with all attached schedules; (g) (]rgan|zatiom'sCorpnrate Bylaws, which must include the urgan|zat|on's mission, board and membership composition, and process for election of officers; Contract -FL Keys A*EC-Fv7, page (h) 0rgen|ostion's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (|) Specific description or list of services to be provided under this contract with this grant (see Attachment C\| (j) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved (see Attachment G); (h) Cooperation with County monitoring visits that the County may request during the contract year;amd ([) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES -` 10. SCOPE OF SERVICES' The PROVIDER, for the consideration named, covenants and -� agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment Ctn residents of Monroe County, Florida. N E�� 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER 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'sfees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include atturney'sfees, courts costs, investigative, and out-of-pocket expenses in appellate prnceed|ngo. 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 PROVIDER 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 PROVIDER warrant that, |nrespect 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 PROVIDER 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 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. CuotracwFLmns A*EC-Fv7;page a COMPLIANCE ISSUES 16. 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, 17. 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 |nraK, state and/or federal certification and/or ||censune of the PROVIDER'S program and staff. 18- NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a 0 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 U) order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local X.. ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of 04 04 race, color or national origin; J) 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 of1Q75, as amended (42 *� U8[ ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL9Z-ZS5), as amended, relating to nondiscrimination on the basis N| of drug abuse; b) 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 oralcoholism; 7\ The Public Health Service Act of 1912, ss. 523 and 527 (42 U5C ss. 690dd-3 and 290eo-3), as amended, relating to confidentiality of alcohol and drug abuse �~| patient records; 8}Title \/III ofthe Civil Rights Act of 1968 (42 USCs. etseq.), as annended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with U_| 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.�At 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. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER 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 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 orby 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 PROVIDER agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related tnthe substance of Contract -FL Keys AxEo-Fv7;page 4 this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party tothis Agreement shall be required tnenter into any arbitration proceedings related tnthis Agreement. 22. COVENANT OF NO INTEREST. County and PROVIDER 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 nfeach is to perform and receive benefits as recited in this Agreement. 23. 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 r� � event bedeemed to impose any obligation upon the Board in addition tnthe total agreed upon reimbursement amount for the services ofthe PROVIDER. Uh .. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the �� acquisition of any cornrnenjei liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver ofimmunity tothe extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. *� 25. ATTESTATION& PROVIDER agrees to execute such documents aathe County may reasonably require, to include Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. 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, aarequired by law. INDEMNITY ISSUES 27. 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 attnrney'sfees) 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. 28. PRIVILEGES AND IMMUNITIES. All ofthe privileges and immunities from liability, exemptions from |ovvn, 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. 29' NO PERSONAL LIABILITY. No covenant oragreement 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 oremployee of Monroe Contract -FL Keys A/EC-FY17;page o County shall be ||ob|e 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 from any obligation or responsibility imposed upon the entity by |avv except to the extent ofactual 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. 31. NON -RELIANCE BY NON-PARTIES. No parson orentity shall be entitled to rely upon the terms 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 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 nrentities, have entitlements or benefits under this Agreement separate and apart, inferior to, orsuperior tn 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 bysigning any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified rna||, return receipt requested, to the other party es fV||nvvs: For Board: Grants Administrator and 11OUSimonton Street Key West, FL33U40 For PROVIDER Michael L. Cunningham, Chief Executive Officer Florida Keys Area Health Education Center, Inc. 58O0Overseas Highway, Sukte38 Marathon, FL 33050 305-743-7111 305-743-7709FAX Monroe County Attorney PO Box 1026 Key West, FL33O41 34- 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 tocontracts made and tnbeperformed entirely inthe State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will ||e in the appropriate court or before the appropriate administrative body in Monroe County, Contract -FL Keys 4+Ec+v7;page n The County and PROVIDER agree that in the event of conflicting interpretations of the terms or o term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NAny waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not be deemed or considered as continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either ofthe same conditions orcovenants urotherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance orperson) shall be declared invalid or unenforceable to any extent by a court nfcompetent jurisdiction, the ncrna|n[ng terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and pnJv|5iOO nfthis Agreement shall be valid and shall be enforceable to the fullest extent permitted by |avv unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original 0 intent ofthis Agreement. The County and PROVIDER agree to reform the Agreement to replace < any stricken provision with a valid provision that comes as close as possible to the intent of the 0 stricken provision. .. 37' ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the N parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect tosuch subject matter between the PROVIDER and the Board. I~ [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TDFOLLOW] Contract -FL Keys Am5C-FY7;page r IN WITNESS WHEREOF, the part 7es hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: AMY HEAVILIN, CLERK a Witness Witness 1 Lip] 0 Q R ILI I 2jPq I Pg I gy Mayor/Chairman Florida Keys Area Health Education Center, Inc. (Federal ID No. 0 ATTACHMENT C Services tnbe provided: The funds received will be used to support the Monroe County School Health In|dat|wa. This program is for the delivery of School Based Primary [are Medical Services provided in school based clinics within Monroe County. Contract -FL Keys A*cC-Fv 7;page /u Attachment C The mission of the Florida Keys AHEC is to effectively promote health and wellness through education, health assessments, and professional development using partnerships and other contract -funded services, resulting 'in a healthier, better educated community. Appnompd7/07 Keys AHEC is a Monroe County based non-profit corporation that has been in existence since 1990. As an affiliate of the University of Miami School of Medicine, the Keys AHEC has established itself asleader in improving access to healthcare for the underserved in our county. As a safety net provider the Keys AHEC has been able to present and provide culturally and linguistically appropriate health services that are critical for the communities and populations that we serve. Keys AHEC main purpose is to provide community based health programming based on community, public health and emerging healthcare needs for undersen/edpopulations Since 1990, Keys AHEC, has played m critical role in increasing access to healthcare services for the most vulnerable, marginalized residents and providing innovative preventive health programs for children and co adults inthe community. The organization has accomplished this mission buworking with multiple community and statewide partners to develop a system of health care delivery and outreach services, school health education and service programs, continuing education programs for practicing health professionals, and other connnnuni�+basedpnjecta. Current Center activities indudesoppaMLto �� primary care clinics and school health initiatives, adult and youth education programs in schools, and direct medical/counseling service Toworksitesand community centers.04 Keys 4HECprovides programming that include the following asanagency: � 04| Examples nfprograms include: I. G"No Cost" School Health Primary Care Clinics 0 2. Direct Medical Exams/Chiydmen'sPhysico| Exams 3. UM Health Fair (All ofMonroe Ununty'4Sites) �| a. Full Health Services including Pap smears, prostrate exams, blood draws etc 4. CHAMP-Chi|dren's Health Assessment and Medical Program U_| a. [onupreh�n�ive Physical Examinations 5.Patient Navigator Services -Affordable Care Act -Counselor Designated Organization (Noo- Compansated) ` ~� G. Tobacco Cessation and Training a. NoCost NRT b. No Cost Classes and Counseling 7. Direct Medical Services � a. Skin Cancer Assessments l_ b. Oral Health Exams c. Cardiovascular Disease Assessments d. Osteoporosis e. Splmomne1n+Lung[apacity f. Diagnostic Vision and Hearing g. Breast Cancer Assessments 8.Chi|dhood Obesity Prevention -Nutrition Progrnmnnino/Po|icyand Systems Change. q. Community Based programming a. CPR/First Aid Training b. Health and Wellness programming -diabetes support etc. 10, School Based Health Services a. Health Education Curricula b. Staff Health Assessments c. Career Development Attachment C d. In Classroom Health Classes 11. Healthy Aging and Fitness Classes a. Older Adult Health Programs 12. Accredited Professional Training (C&AE/CE) a. Only provider ofContinuing Education for Physicians b. Medical Reserve Corp recruitment, training and management 13. Other HSAB Funding will allow Keys AHEC to provide the following services through its schoolbased health � � Medical Services Include: School Health Physicals&Health Assessments, Sick /& Well Child Visits, Chronic Disease Management (Asthma and Diabetes), Prescriptions, Treatment of Minor Injuries, Strep, Urine Dipstick & Glucose Testing, Vision/Hearing Tests, Pregnancy Testing, Referral for Full Labs, Specialty � Services, Oral Health & Immunizations, Nutrition & Weight Management Counseling,Gonsultatkon& < Collaboration with School Health 8cPsychology Services. co .. Noother agency orprogram |nMonroe County offers this array ofservices tochildren 7nthe school based 04 04 setting prelsewhere. E� The School based clinic model now serves as the medical home for students as well as a walk in clinic for non -emergency services. With a joint agency and team approach, Keys AHEC is working with the Monroe County School District, it's schools and the school health nurses to deploy a medical team consisting of three Physician Assistant's/ ARNPs, one Medical Director and a Registered Nurse -program assistant %ooffer full time primary care medical services in6school based clinics. Providing school based health services in an easily accessible location and manner has created new access points for children and their families so that they have a medical home and can avoid the ER or other costly alternatives. The School based clinics have also assisted local providers address health care needs of the uninsured and Medicaid patients in an area where there are limited Medicaid and low cost providers. Prior to the Keys AHEC school based medical clinic there were no primary care programs in the schools for students or their siblings/families, In fact many school health services were limited to just screenings and sending children home that were sick with no referral for medical care. Keys AHEC continues to follow the national trend by providing primary care services in the school setting. This program over the past 18 months has been successfully implemented and evaluated within Monroe County to address the unmet health care needs of Students that are uninsured, underinsured, Medicaid and a1risk populations. This project bridges asignificant gap inservice and access tocare for the medically underserved. Funding received from the HSABwill beutilized inthe following categories tosupport the school based primary care program. Major expense categories were for primary care medical staff, electronic health record system and medical supplies inthe treatment ofchildren. Nofunding for FY26/17will beutilized for Administrative orOverhead expenses. Expenses include: ($65,0OOAward) 1. Medical Support Staff-80% I OfficeGwpp[iesI% B. Electronic Health Reoord-9% 4. Medical Supplies and Materials-lO% ATTACH M ENT D "4person uraffiliate who has been placed omthe convicted vendor list following 8conviction for public entity crime may not submit o bid ono contract to provide any goods orservices b]B 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 CONTRACTOR, supp|iBr, subcontractor, or CONTRACTOR under contract with any public enUiv, and may not (nsmognt 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 onthe convicted vendor Nst.^ | have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the Ipst 36 months. (Signature) V Date: q (;u / 16 STATE OF: ):-� 0 a- t b 6 COUNTY OF: n,"', 0 a V r5 F:-� Subscribed and sworn to (or affirmed) before me on 5 f- V, T c- /r, L? r- P- ��- , ? 0 / 6- C-�-67�w`nto me or has produced (tvoe of identification) as NOTARY PUBLIC My Commission : LIZ 0 Contract -FL Keys x/Ec-Fr7,page m SWORN STATEMENT UNDER ORDINANCE NO. O10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE ATTACHMENT E "...warrants that ha/it has not employed, retained or other -wise 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. 010-1890. 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 prioe, or otherwise recover, the full amount of any fee, nVmmiosinn, percentage, gift, or consideration paid to the former County officer Or employee." Date: el LZ6 11K7 STATE OF: —/ Subscribed and sworn to (or affirmed) before me on (date) bv (name nfoffianM. He/8heia (�eCnsona—lly-) ('known0b me or has produced (type of identification) 8sidentification. My Commission Expires: Contract -FL Keys xHEo-FY7; pagew ATTACHMENT The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: [- (,our -,A K*Eys A UEL. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufootUr8, distribution, dksp8nSing, poaseaeion, or use of controlled substance is prohibited in the xvorko|8c8 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 vvnrkp|eoe, the business' policy of maintaining a drug -free workplace, any available drug ooumse|ing, nahebi|itation, and employee ase|otonog programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities orcontractual services that are under bid ecopy ofthe statement specified insubsection /1\. 4� In the statement specified in subsection /1\, notify the employees that. as e 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 nfany conviction of, or plea of guilty or no|o contandema to, any violation of Chapter 893 (Florida Statutes) or of any oontnO||8d substance law of the United States or any 3t8te, for o violation occurring in the workplace no later than five (5)days after such conviction. 5. Impose a sanction on, orrequire the satisfactory participation in 8drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who iusoconvicted. O. Make a good faith effort to continue to maintain e drug -free workplace through implementation of this section. As the person authorized to ^`sign the statement, STATE OF: R0 zl (L, COUNTY OF: certify that this firm,com lies fully with the above — I-," Date: CN Subscribed and sworn to �� . . by y/ar,ve on mummxq. He/She me or has produced (type of identification) as identification. NOTA�RYPUBL|C MvCommission Expires: Contract -FL Keys 4*eu-FY7;page 1n ATTACHMENT G FY17 Annual Performance Report (For year October 1, 2016 — September 30, 2017) 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): Questions: 1. Please list services and client information below for the program/activities funded by the Monroe County award. 2. What were the measurable outcomes (including numbers) accomplished in FY17? Please base these outcomes on the services you identified in Question #1. 3. What number and percentage of your clients/participants were at or below the federal poverty level in FY17; and/or 200%; and/or another standard used by your organization? 4. Were all the awarded funds used in FY17? If not, please explain. 5. What is the number of FTEs working on the program(s) funded by the award in FY17? Contract -FL Keys AHEC-FY17; page 16 6. Were the awarded funds used as match in FY17? If so, please list matching sources. 7. What area of Monroe County did you serve in FY17? 8. How many total FTEs in your organization? 9. Volunteers: hours of program service were contributed by volunteers in FY17. 10. What was the CEO/Executive Director (or highest paid title) compensation in FY17? (Please breakdown between salary and benefits.) 11. What is your organization's fiscal year? For the following questions, please use the number as reported on your FY17 IRS Form 990. If your FY17 IRS Form 990 is not yet prepared, please estimate for now, and re -submit revised when you have the final numbers. 12. What were your organization's total expenses in FY17? 13. What was your organization's total revenue in FY17? 14. What was the organization's total in grants and contracts for FY17? 15. What was the organization's total donations and in -kind (fundraising) in FY17? 16. What percentage of your expenses are program service expenses versus management and general expenses in FY17 as reported on your IRS Form 990? (Program service expenses are defined as expenses needed to run your programs. Management and general expenses encompass expenses such as fundraising, human resources, salaries of those not working directly with programs, legal services, accounting services, insurance expenses, office management, auditing, and other centralized services.) Contract -FL Keys AHEC-FY17; page 17 AGREEMENT 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 The Florida Keys Children's Shelter, hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of shelter and counseling to youth and families, and WHEREAS, it is a legitimate public purpose to provide facilities and services for shelter and counseling to youth and families, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for shelter and counseling to youth and families living in Monroe County, Florida, shall pay to the PROVIDER the sum of ONE HUNDRED EIGHTY-NINE THOUSAND AND NO/100 DOLLARS ($189,000.00) for fiscal year 2016-2017. 2. TERM. This Agreement shall commence on October 1, 2016, and terminate September 30, 2017, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. 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 below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. 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 shown in Article 1, above, during the term of this agreement. 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 o termination, unless otherwise required by law. 5. 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 the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contact -FL Keys Children's Shelter-FY17, page °? 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 be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 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 the audit services provided. If the PROVIDER receives $100,000 or more in 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. S. PUBLIC ACCESS. The County and PROVIDER 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 PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A-3 must be provided prior to the payment of any invoices): (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 and the Florida Department of State as require 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; (e) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies 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 CPA must have a current license, in good standing with the Florida State Board of Accountancy; b. The CPA must be a member of the American Institute of Certified Public Accountant (AICPA); c. The CPA must maintain malpractice insurance covering the audit services provided and 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 election of officers; Contract FL Keys Children's Sheffer-FY17, page 2 (h) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; . (I) Specific description or list of services to be provided under this contract with this grant (see Attachment C); U) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved (see Attachment G); (k) Cooperation with County monitoring visits that the County may request during the contract year; and (l) Other reasonable reports and Information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER 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 PROVIDER 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 PROVIDER 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 PROVIDER 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. INDEPENDiENT CONTRACTOR. At all times 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. Contract -FL Keys Children s Shelter-FY17; page 3 COMPLIANCE ISSUES 16. 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. 17. 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. 18. NON-DISCRIMINATION. County and PROVIDER 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 PROVIDER 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 VI 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 patient 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. 20. AD]UDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER 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 institute against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 Contrad-Fl. Keys children's Shelter-FYI7; page 4 this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER 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. 23. 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. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER 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. 25. ATTESTATIONS. PROVIDER 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. 26. 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. INDEMNITY ISSUES 27. 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. 28. 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. 29. 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 Contract -FL keys Children's Shelter-FY? 7; 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 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. 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 third -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. GENERAL 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 shali constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. 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: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Bill Mann, Chief Executive Officer The Florida Keys Children's Shelter 73 High Point Road Tavernier, FL 33070 305-852-4246 305-852-6902 FAX Monroe County Attorney PO Box 1026 Key West, FL 33041 34. 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. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will Ile in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Confrecf-FL Keys Children's Shelter-FY17; page 6 The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 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 breach, either of the same conditions or covenants 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 and provisions of this Agreement, shall not be affected thereby; and each remaining term, 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 valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract -FL Keys Children's Shelter-FY17,page 7 I IN WITNESS WHEREOF, the partles hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: AMY HEAVILIN, CLERK By. Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA y Mayor/Chairman The Florida Keys Children's Shelter (Federal ID NoIY- c76053i5G .1 By of Executive Officer tt7t-- —P — Xje�- 01 Conftd-FL Keys ChNftn's Vwftr-FV17,, page 8 ATTACHMENT 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 needs to also contain the following notarized certified statement: "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 source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. 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 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 expenses. 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, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract -FL Keys Chlldren's Sheffer-FY97; page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses 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 County Code of Ordinances and State laws and regulations. Credit card statements are 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. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A 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 related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to b a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before fi p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract -Ft Keys Children's Sheffer-FY17; page 10 1_Iii:1u140iia:3 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 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 organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this day of who is personally known to me. Notary Public Notary Stamp 20_ by, Contract -FL Keys Children's Sheifer-FYI7,page 11 Services to be Provided. ATTACMENT C (Insert a description of your organization including a list of services that will be provided by your organization under this contract.) THE FLORIDA KEYS CHILDREN'S SHELTER, INC. The Florida Keys Children's Shelter, Inc., a nationally accredited social service agency, has been serving at -risk children and their families in Monroe County since 1989. FKCS operates the only licensed emergency shelters for children in the Florida Keys. The agency's 19-bed shelter in Tavernier, FL serves young people ages 10 through 17 who have been abused, abandoned, neglected, have run away or are considered ungovernable by their parents. The shelter provides a safe environment for these young people to rebuild their lives and an opportunity for crisis intervention and counseling. Our 7-bed emergency home in Key West is for younger children, infants through age 10. All of these children have been removed from their families due to allegations of abuse or neglect. Our 7-bed group home in Key West is for children and young adults who have been unable to find appropriate placements in the foster care system. Between 150 and 200 youth per year spend time in these residential programs, interacting with our professional and caring staff. FKCS also serves between 150 and 200 youth each year through its community -based Counseling (non-residential) program. Master's level counselors, with offices at the Keys' three high schools, provide crisis intervention, individual, group and family counseling. Each client is allowed a maximum of 12 counseling sessions. In order to facilitate access to the program, counseling may be conducted in the home of the youth. This may be individual counseling with the youth or family counseling. Services are paid for by the Department of Juvenile Justice contract and there is no expense to the families. FKCS operates a street outreach program for runaway and homeless street youth in Key West. This program operates out of a store front just off of Duval Street and works with youth who are currently living on the streets. The mission of this program is to make youth aware of the dangers and risks of street life, to help them reconnect to a family member or other safe adult, or to become a productive citizen in the community. List the services your agency provides: Emergency Shelter (10-17yrs old), Emergency Shelter (infant — 10yrs old), Group Home (11-17 yrs old), Community Based Counseling (children and their families), Street Outreach Program (Runaway and Homeless Street Youth) Specific services to be funded by this request: Monroe County fiscal support is the single most important and consistent community match for continuation of current contract dollars and services to local children, youth and families and provides general operating dollars that ensures access to a safe and nurturing residential environment. The money will serve as the community contribution required by the various contracts the agency receives and will be used for general agency operations. Contracts from state agencies are given out based on the allocations of funding made available to each state agency as opposed to actual costs per service. The local community is therefore expected to fund the difference via community contribution. Contract -FL Keys Children's Shefter-FY17; page 12 t "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." 4 B I have read the above and state that neither m (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) r Date: i 1� STATE OF: �11 of ( 6C(. ,• COUNTY OF: Y1. Wf Subscribed and sworn to (or affirmed) before me on (date) by i (name of affiant). He/She i Zpersonally known to me or has produced (type of identification as identification. Notary Public Stab of Florida • Patricia x Murra My COMMkbim FF 142333 �i• 18 My Commission Contract -Ft Keys Children's Shelter-FY17, page 13 i • • 1 ' 1 i * - * • T ETHICS CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY, FLORIDA (Company) ATTACHMENT E "...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. 010-1990. 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." T1. (Signature) Date: STATE OF: Lla et dc--� I IT COUNTY OF: 021n ejj- e- Subscribed and sworn to (or affirmed) before me on 0/6 (date) by `—tF�r I I OGt,QR. (name of aff3ant). He/She i personal known to me or has produced I (type of identification) as identification. NOTARY My Commissigih Expires: Contract -FL Keys Children's Shelter-FY17; page 14 ATTACHMENT IF �oresRAL11,111 511 .1114W , r The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Florida Keys Children's Shelter, Inc. (Name of Business) 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. STATE OF: f"1 [p e l cA COUNTY OF: Qjcrf Sub r!bed and sworn to (or affirmed) before c I I jrYlrx or has produced identification. 5NOtMV Pubk Stall of Florida Patricia K Muffay My commission FF 142333 EX" oaroanota Contract -FL Keys Children's Sheller-M7; page 1 (Signature) Date: te me on (date) by of affian ). He1She ' personally k wn to me ( e o identification) as �G NOTARY PUB My Commis ' n Expires: FY17 Annual Performance Report (For year October 1, 2016 — September 30, 2017) enc Name POC Phone/Email Grant Amount Per Section 9 of your contract, it is required that you fill out the entire form and answer every question. Narrative on the FYI Performance (i.e. successes, challenges, etc): Questions.• 1. Please list services and client information below for the program/activities funded by the Monroe County award. 2. What were the measurable outcomes (including numbers) accomplished in FY17? Please base these outcomes on the services you identified in Question #1. 3. What number and percentage of your clients/participants were at or below the federal poverty level in FY17; andlor 200%; and/or another standard used by your organization? 4. Were all the awarded funds used in FY17? If not, please explain. 5. What is the number of FTEs working on the program(s) funded by the award in FY17? Contract -FL Keys Children's Shelter-FY17; page 16 6. Were the awarded funds used as match in FY17? If so, please list matching sources. 7. What area of Monroe County did you serve in FY17? 8. How many total FTEs in your organization? 9. Volunteers: hours of program service were contributed y volunteers in FY17. 10. What was the CEO/Executive Director (or highest paid title) compensation in FY17? (Please breakdown between salary and benefits.) 11. What is your organization's fiscal year? For the following questions, please use the number as reported on your FY17 IRS Form 990. If your FY17 IRS Form 990 is not yet prepared, please estimate for now, and re -submit revised when you have the final numbers. 12. What were your organization's total expenses in FY17? 13. What was your organization's total revenue in FY17? 14. What was the organization's total in grants and contracts for FY17? 15. What was the organization's total donations and in -kin (fundraising) in FY17? 16. What percentage of your expenses are program service expenses versus management and general expenses in FY17 as reported on your IRS Form 990? (Program service expenses are defined as expenses needed to run your programs. Management and general expenses encompass expenses such as fundraising, human resources, salaries of those not working directly with programs, legal services, accounting services, insurance expenses, office management, auditing, and other centralized services.) Contract FL Keys Children's Shelter-FYI7; page 17 AGREEMENT 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 "PROVIDER." 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, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: mumpi-PIX 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for 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 NO/100 DOLLARS ($40,000.00) for fiscal year 2016-2017. 2. TERM. This Agreement shall commence on October 1, 2016, and terminate September 30, 2017, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. 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 below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. 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 shown in Article 1, above, during the term of this agreement. 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 termination, unless otherwise required by law. 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 the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract -FL Keys Healthy Start-FY17; page I 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 be accounted for pursuant to statutory requirements. 7. RECORDS. PROVIDER shah 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 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 the audit services provided. If the PROVIDER receives $100,000 or more in CD grant funding from the County, the CPA must also be a member of the American Institute of CD Certified Public Accountant (AICPA). The County shall be considered an "intended recipient" of said audit. N i S. IPUBLIC ACCESS. The County and PROVIDER 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 PROVIDER in conjunction with this Agreement; and the County shall have the i right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A-J must be provided prior to the payment of any invoices): (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 and the Florida Department of State as require by Florida Statute 617.01201 or proof of exemption from registration as per Florida Stature 496.406. (c) List of the Organizations 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 annuai election of Officers and Directors; (e) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies 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 CPA must have a current license, in good standing with the Florida State Board of Accountancy; b. The CPA must be a member of the American Institute of Certified Public Accountant (AICPA); c. The CPA must maintain malpractice insurance covering the audit services provided and 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 election of officers; Contract-rL Keys Healthy Start-FY17; page 2 (h) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (i) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (j) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved (see Attachment G); (k) Cooperation with County monitoring visits that the County may request during the contract year; and Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and r, agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. CD 04 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER 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. U)I 12, BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER 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 PROVIDER 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 PROVIDER 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 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. Contract -FL Keys Healthy Start-FYI7; page 3 16. COMPLIANCE WITH LAMA. 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. 17. 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. 18. NON-DISCRIMINATION. County and PROVIDER 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 PROVIDER 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 VI 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 patient 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. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER 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 PROVIDER 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 Contract -FL Keys Healthy Start-FY17; page 4 this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER 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. 23. 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 provisiors 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. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER 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. 25. ATTESTATIONS. PROVIDER 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. 26. 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. INDEMNITY ISSUES 27. 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 attorneys 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. 29. 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. 29. 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 Contract-F' Keys Healthy Start-FY17; 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 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 constitut onal or statutory duties of the County, except to the extent permitted by the Florida constitut on, state statute, and case law. 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 third -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 signing any such counterpart. 33. 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: Grants Administrator and Monroe County Attorney 1100 Simonton Street PO Box 1026 Key Wes:, FL 33040 Key West, FL 33041 For PROVIDER Arianna Nesbitt, Chief Executive Officer Florida Keys Healthy Start Coalition, Inc. 1100 Simonton Street, Room #1 P.O. Box 6166 Key Wes-, FL 33041 305-293-8424 305-293-8542 FAX 34. 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. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Contract-F- Keys Healthy Start-FYI7; page 6 The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediatio-1 prior to the institution of any other administrative or legal proceeding. 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 breach, either of the same conditions or covenants or otherwise. 36. SEVERARIL.ITY. If any term, covenant, condition or provision of this Agreement (or a 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 and provisions of this Agreement, shall not be affected thereby; and each remaining term, 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 valid provision that comes as close as possible to the intent of the r� stricken Drovision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the CD parties hereto with respect to the subject matter hereof and supersedes any and all prior CD agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] 04 Contract-F' Keys Healthy Start-FY17; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST,. AMY HEAVILIN, CLERK By_ DeputyClerk Witness Witness — Contract -PI Keys Healthy Start-rYj 7; page 8 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Florida Keys Healthy Start Coalition, Inc, (Federal ID No. A, By, Chief Executive Officer (P'e"'Ic"ate- IDI Lilt i Iy[Ohl[u ;*Zyrcl 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 needs to also contain the following notarized certified statement: "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 source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. 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 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, .eases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. 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, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract-F? Keys Healthy Start-FY17; page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses 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 County Code of Ordinances and State laws and regulations. Credit card statements are 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. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. CD A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room 0' must be registered and paid for by traveler. The County will only reimburse the actual room and ' related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. N i Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a — residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m, for dinner reimbursement. Non -allowable Expenses The follo-nring expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract-Fi. Keys Healthy Start-FYI7; page 10 ATTACHMENT B 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) Tota 1 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 organization's contract with the Monroe County Hoard 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 20 by. who is personally known to me. Notary Public Notary Stamp Contract -FL Keys Healthy Start-FY17; page 11 Florida Keys Healthy Start Coalition Organization Description: Attachment C Fission: The Florida Keys Healthy Start Coalition unites people and resources to improve the health and well-being of pregnant women, children, and their families in Monroe County. Vision: A community working together to provide access to quality care for all pregnant women and infants in the Florida Keys. Services to be Provided: Human Services Advisory Board funding facilitates the Florida Keys Healthy Start Coalition's 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. ATTACHMENT D "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 pub] c 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." I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. ram. Cq Cq (Signature)04 CD CD Date: 4 04 i STATE OF: ..:w,.,ig ,, COUNTY OF:,. Subscribed and sworn to (or affirmed) before me on v,iFww i (date) by L­_r `ilrlk = �' {name of afFiant). He/She is perspnally know,nx to me or has produced (type of identification) as identification. q��vonu�i LEAF1 sTOCKTON my COMMISSION # EE 863215 EXPIAES•. February 2, 2R17 OF F. 89tnded ThrV Budget Notary sue& :a NOTARY PUBLIC My Commission Expires: Contract-F'_ Keys Healthy Start -FYI 7; page 13 ATTACHMENT E ETHICS CLAUSE "...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. 010-1990. 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." (Signature) Date. E STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on date by (name of affiani)_ He/She is ersonall known to me or has produced identification) as identification. �Y PULEAHMMON MY COMMISS" # EE 8015 EXPIRES: February 2, 29t7 `"lsf f� ��•°� eoc��a rnN s �or�r sus ROTARY PUBLIC My Commission Expires: (type of Contract -FL Keys Healthy Start-FY17; page 14 ATTACHMENT F The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 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, requirements. STATE OF: I certify that this firm complies fully with the above {Signature) Date: COUNTY OF: `� � _� ` ' 4 ;4 Subscribed and sworn tc (or affirmed) before me on '` '` (date) by A' tea. r (name of affiant). He/She is personally known..to me or has produced (type ­1111-1of idenfil`llcation) as identification. � LW STOWON V N TARS' PUBLIC ° MY COMMISSI®M 0 EE $63215 EKpiRE$: FebraarY 2, 2617 My Commission Expires: ���rPoc FLe�`o� sixIded Thra 3udge4 RIAM SW Contract -Ft Keys Healthy Start-FY17; page 15 ATTACHMENT G FY17 Annual Performance report (For year October 1, 2016 — September 30, 2017) Questions: 1. Please list services and client information below for the program/activities funded by the Monroe County award. S ."^,.. �e�� 9r9 BG::iI . T?b•'�{' 1011 Ff_ cr•:_h,,..�.,..??F §,$ yry 91Qd611.,. ,.,lR ck".L..�L%PL"ii4 XL 99G di'XGI.��P'hRf"f':.>e'vi FS61 g Y f3} ft�9 "{�'b'U�2Zx4 }}3'T A f11>, ..� i ffr�"� A i} " ® f st x i i LDS (fF Y Y'i ek ila� rf' a �T.�>r, n 2. What were the measurable outcomes (including numbers) accomplished in FY17? Please base these outcomes on the services you identified in Question #1. 3. What number and percentage of your clients/participants were at or below the federal poverty level in FY17; and/or 200%; and/or another standard used by your organization? 4, Were all the awarded funds used in FY17? If not, please explain. 5. What is the number of FTEs working on the program(s) funded by the award in FY17? Contract -FL Keys Healthy Start-FY17; page 16 6. Were the awarded funds used as match in FY17? If so, please list matching sources. 7. What area of Monroe County did you serve in FY17? 8. How many total FTEs in your organization? 9. Volunteers: hours of program service were contributed by volunteers in FY17. 10. What was the CEO/Executive Director (or highest paid title) compensation in FY17? (Please breakdown between salary and benefits.) 11. What is your organization's fiscal year? For the following questions, please use the number as reported on your FY17 IRS Farm 990. If your FY17 IRS Form 990 is not yet prepared, please estimate for now, and re -submit revised when you have the final numbers. 12. What were your organization's total expenses in FY17? 13. What was your organization's total revenue in FY17? 14. What was the organization's total in grants and contracts for FY17? 15. What was the organization's total donations and in -kind (fundraising) in FY17? 16. What percentage of your expenses are program service expenses versus management and general expenses in FY17 as reported on your IRS Form 990? (Program service expenses are defined as expenses needed to run your programs. Management and general expenses encompass expenses such as fundraising, human resources, salaries of those not working directly with programs, legal services, accounting services, insurance expenses, office management, auditing, and other centralized services.) Contract -FL Keys Healthy Start-FY17; page 17 AGREEMENT 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 Outreach Coalition, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of services such as shelter, transitional housing, case management and referrals for homeless persons in Monroe County to homeless individuals and families, and WHEREAS, it is a legitimate public purpose to provide facilities and services such as shelter, transitional housing, case management and referrals for homeless persons in Monroe County, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, In consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services such as shelter, transitional housing, case management and referrals for homeless individuals and families for persons living in Monroe County, Florida, shall pay to the PROVIDER the sum of NINETY THOUSAND AND NO/100 DOLLARS ($90,000.00) for fiscal year 2016-2017. 2. TERM. This Agreement shall commence on October 1, 2016, and terminate September 30, 2017, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. 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 below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. 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 shown in Article 1, above, during the term of this agreement. 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 termination, unless otherwise required by law. 5. 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 the Contract -FL Keys Outreach Coalition -FYI 7,page 1 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 be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. rd 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 the audit services provided. If the PROVIDER receives $100,000 or more in 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. C4 S. PUBLIC ACCESS. The County and PROVIDER 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 PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A-J must be provided prior to the payment of any Invoices): (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 and the Florida Department of State as require 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; (e) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies 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 CPA must have a current license, in good standing with the Florida State Board of Accountancy; b. The CPA must be a member of the American Institute of Certified Public Accountant (AICPA); c. The CPA must maintain malpractice insurance covering the audit services provided and 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; Contract -FL Keys Outreach Coalition -FYI 7; page 2 (g) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (h) Organization's Policies and Procedures Manual which must Include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (i) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (j) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers , served, and outcomes achieved (see Attachment G); (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES N 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined , in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER 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 PROVIDER 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 PROVIDER 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 PROVIDER 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 PROVIDER is an independent contractor and not an employee of the Board. No statement Contract -FL Keys Outreach Coalition-FYI7; page 3 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. COMPLIANCE ISSUES 16. 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. 17. 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. 18. NON-DISCRIMINATION. County and PROVIDER 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 PROVIDER 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 VI 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 patient 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. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER 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. Contract -Ft. Keys Outreach Coalition-FYI7; page 4 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 PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER 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. L 23. 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.CD 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER 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. 25. ATTESTATIONS. PROVIDER 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. 26. 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. INDEMNITY ISSUES 27. 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 attorneys 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. 28. 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. Contract-Fl. Keys Outreach Coalition-FYI7; page 5 29. 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. 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 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. 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 third -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. GENERAL 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 signing any such counterpart. 33. 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: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Rev. Stephen E. Braddock, Chief Executive Officer Florida Keys Outreach Coalition, Inc. 3154 Northside Drive, Suite 201 P.O. Box 4767 Key West, FL 33041 305-293-8189 305-293-8276 FAX Monroe County Attorney PO Box 1026 Key West, FL 33041 34. 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. In the event that any cause of action or administrative proceeding Is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will Contract -FL Heys Outreach Coalition-FYI7: page 6 lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 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 breach, either of the same conditions or covenants 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 and provisions of this Agreement, shall not be affected thereby; and each remaining term, 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 valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. (THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract-f[. Keys outreach CoaBLon-FYI7; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year First written above. (SEAL) ATTEST: AMY HEAVILIN, CLERK �y Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Florida Keys Outreach Coalition, Inc. P���Chlef 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 needs to also contain the following notarized certified statement: "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 source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an Individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. 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 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 expenses. 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, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract-F!. Keys Outreach Coalition-FYI7; page 9 Telefax, Fax, etc. A fax log Is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses 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 County Code of Ordinances and State laws and regulations. Credit card statements are 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. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip Is not. A 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 related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract -FL Keys Outreach Coalition-FYI7,° page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FI_ 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) s 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 who Is personally known to me. Notary Public Notary Stamp Contract -FL Keys Outreach Coalition-FYI7, page 11 20 by, Florida Keys Outreach Coalition, Inc. ATTACHMENT C FKOC began as a grass roots effort in 1986 as a response to the growing homeless issues in Key West, Florida. In 1992 they incorporated as the Florida Keys Outreach Coalition; several years later established our county's first shelter, a 16-bed facility for homeless men in recovery from alcohol and substance abuse. Today, FKOC operates seven facilities with 162-beds and provides emergency shelter, transitional and permanent housing for individuals and families while they heal from the underlying causes of homelessness. As of April 11% 2014 FKOC assumed sponsorship of Peacock Apartments from U.S. Fellowship of Florida. The program provides permanent housing and supportive services for 38-homeless and formerly homeless adults with serious mental illness. FKOC additionally operates the Loaves & Fish Food Pantry in the New Town area of Key West; recently a second smaller Loaves & Fish Food Pantry was established in partnership with St. Peter's Episcopal Church to offer food outreach to those in the Old Town area of Key West. FKOC also provides outreach services through our Outreach Offices and toll free telephone number. In 2015, FKOC opened an Outreach office in Tavernier to meet the needs of individuals and families on the verge of homelessness in ' the Upper Keys. FKOC began offering homelessness prevention services to all the Florida ' Keys in 2016, encompassing a wide variety of assistance including rental and utility assistance. FKOC has a long history of leadership in the development of a community response to homelessness. FKOC was the lead agency in establishing the Monroe County Homeless Services Continuum -of -Care, the development and implementation of the Coordinated Entry, the Homeless Management Information System, and the annual Point -In -Time Count among many other projects. List the services your agency provides under HSAB. Case management and essential services will be funded to support 162-residential clients in seven (7) facilities for individuals and families recovering from homelessness. Also part time case management for homeless prevention services in the Upper Keys. One hundred percent (100%) of residential clients served by HSAB Funding will receive individualized case management and additional services including life skills education, life enrichment programs, health education/screenings, support with crisis intervention, transportation assistance, advocacy, and links to community and mainstream resources. Contract -FL Keys Outreach Coalition FY17; Page 12 ATTACHMENT D PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or 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." have read the above and state that neither t - (Respondent's name) nor any Affiliate has been placed on the convicted vendo, list within the last 36 months. IN - (Signature) Date: " STATE OF: _C1& COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of He/She is pe}f kwm to me or has produced identification. Sum= M. Hot NOTARY PUBLIC STATE OF FLORIDA Conn# FFI?Un EVW" I1120J2018 Contract -Ft Keys Outreach Coalition -FYI 7, page 13 (type of identification) as 0'r4i'OTARY PUBLIC My Commission Expires: ETHICS CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA (Company) ATTACHMENT E "...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. 010-1990. 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." (Signature) Date: S. STATE OF: O COUNTY OF: yv\ not — Subscribed and sworn to (or affirmed) before me on _ (date) by _� , _ ; (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. Susanne M. Halt 4PNOTARY PUBLIC STATE OF FLORIDA Cam FF476M EVk" 1112 =I8 Contract -FL Keys Outreach Coalition -FYI 7, page 14 OTARY PUBLIC IF My Commission Expires: ATTACHMENT F DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: of Business) 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. E 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 )I of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ignature) Date: STATE OF: 1 COUNTY OF: Subscribed and sworn to (or affirmed) before me _,- - (name or has produced identification. NOTARY PUBLIC Sun me M. Hott NOTARY PUBLIC STATE OF FLORIDA Comm# FF178429 AW EqIres 11/20/2018 Contract -FL Keys Outreach Coalition-FYI7„ page 15 �n -V(date) by of affiant). He/She is ersonally known me (type of i en l nation) as My Commission Expires: 11 g��___- FY17 Annual Performance Report (For year October 1, 2016 — September 30, 2017) Agency Name POC Phone/Email Grant Amount ATTACHMENT G 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 Questions: 1. Please list services and client information below for the program/activities funded by the Monroe County award. 2. What were the measurable outcomes (including numbers) accomplished in FY17? Please base these outcomes on the services you identified in Question #1. 3. What number and percentage of your clients/participants were at or below the federal poverty level in FY17; and/or 200%; and/or another standard used by your organization? 4. Were all the awarded funds used in FY17? If not, please explain. 5. What is the number of FTEs working on the program(s) funded by the award in FY17? Contract -Ft_ Keys Outreach Ccatidon-M7, page 16 6. Were the awarded funds used as match in FY17? If so, please list matching sources. 7. What area of Monroe County did you serve in FY17? 8. How many total FTEs in your organization? 9. Volunteers: hours of program service were contributed by volunteers in FY17. 10. What was the CEO/Executive Director (or highest paid title) compensation in FY17? (Please breakdown between salary and benefits.) 11. What is your organization's fiscal year? For the following questions, please use the number as reported on your FY17 IRS Form 990. If your FY17 IRS Form 990 is not yet prepared, please estimate for now, and re -submit revised when you have the final numbers. 12. What were your organization's total expenses in FY17? 13. What was your organization's total revenue in FY17? 14. What was the organization's total in grants and contracts for FY17? 15. What was the organization's total donations and in -kind (fundraising) in FY17? 16. What percentage of your expenses are program service expenses versus management and general expenses in FY17 as reported on your IRS Form 990? (Program service expenses are defined as expenses needed to run your programs. Management and general expenses encompass expenses such as fundraising, human resources, salaries of those not working directly with programs, legal services, accounting services, insurance expenses, office management, auditing, and other centralized services.) contract-Fl. Keys Outreach coalition-FY17; page 17 AGREEMENT 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 Guidance Care Center, hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation which has now taken over operating the Heron, established for the provision of assisted living facilities and services such as mental health support, transportation, and supervision for disadvantaged, mentally ill persons, and WHEREAS, it is a legitimate public purpose to provide facilities and services for assisted living facilities and services such as mental health support, transportation, and supervision for the disadvantaged, mentally ill community in Monroe County, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing assisted living facilities and services such as mental health support, transportation and supervision in Monroe County, Florida, shall pay to the PROVIDER the sum of FORTY - SEVEN THOUSAND AND NO/100 DOLLARS ($47,000.00) for fiscal year 2016-2017. 2. TERM. This Agreement shall commence on October 1, 2016, and terminate September 30, 2017, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. 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 below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. 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 shown in Article 1, above, during the term of this agreement. 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 termination, unless otherwise required by law. 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 the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract-GCC-Heron-FY17; page 1 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 be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 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 the audit services provided. If the PROVIDER receives $100,000 or more in 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. S. PUBLIC ACCESS. The County and PROVIDER 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 PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A-J must be provided prior to the payment of any invoices): (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 and the Florida Department of State as require 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; (e) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies 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 CPA must have a current license, in good standing with the Florida State Board of Accountancy b. The CPA must be a member of the American Institute of Certified Public Accountant (AICPA); c. The CPA must maintain malpractice insurance covering the audit services provided and 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 election of officers; Contract-GCC-Heron-FY17; page 2 (h) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (i) Specific description or list of services to be provided under this contract with this grant (see Attachment C); U) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved (see Attachment G); (k) Cooperation with County monitoring visits that the County may request during the contract year; and -- (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER 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 PROVIDER 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 PROVIDER 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 PROVIDER 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 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. Contract-GCC-Heron-FY17; page 3 COMPLIANCE ISSUES 16. 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. 17. 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. 18. NON-DISCRIMINATION. County and PROVIDER 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 PROVIDER 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 VI 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 patient 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. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER 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 PROVIDER 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 Contract-GCC-Heron-FY17, page 4 this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER 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. 23. 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. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER 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. 25. ATTESTATIONS. PROVIDER 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. 26. 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. INDEMNITY ISSUES 27. 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. 28. 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. 29. 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 Contract-GCC-Heron-FY17, 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 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. 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 third -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. GENERAL 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 signing any such counterpart. 33. 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: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Frank Rabbito, Senior Vice President Guidance Care Center 67 Coco Plum Drive Marathon, FL 33050 Monroe County Attorney PO Box 1026 Key West, FL 33041 34. 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. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Con tract-GCC-Heron -FY1 7; page 6 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 breach, either of the same conditions or covenants 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 and provisions of this Agreement, shall not be affected thereby; and each remaining term, 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 valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract-GCC-Heron-FY17; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: AMY HEAVILIN, CLERK By, Deputy Clerk 1 1. Witn BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By- Mayor/Chairman Guidance Care Center Executive Director Contract-GCC-Heron-FY17; page 8 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 needs to also contain the following notarized certified statement: "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 source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. 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 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 expenses. 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, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract-GCC-Heron-fY17, page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses 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 County Code of Ordinances and State laws and regulations. Credit card statements are 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. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. N A 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 related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract-GCC-Heron-FY17; page 10 ATTACHMENT B 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 I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this who is personally known to me. Notary Public day of Notary Stamp Contract-GCC-Heron-FY17; page 11 ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) To provide Assisted Living to those with Mental Illness in Monroe County. Contract-GCC-Heron-FY17; page 12 ATTACHMENT D PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or 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." I have read the above and state that neither, (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the la t 36 months. Vv-��LNh--� (Si na (- re) -( Date: - 2)-rl Ll STATE OF: COUNTY OF: M.. Subscribed and sworn to (or affirmed) before me on'`. jI (date) by Maffirw (name of affiant). H the is personally known to me or has produced (type of identification) as identification. OTARY PUBLIC My Commission Expires: Syi54i ld,pt •,$"'" °_��f=� CAROL A. DOCHOW ' ' = Notary Public - State of Florida My Comm. Expires Jun 7, 2018 Commission N FF 104268 Contract-GCC-Heron-FV17; page 13 ETHICS CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA (Company) ATTACHMENT E "...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. 010-1990. 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." (Signature) Date; STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on •2 400 (date) by MWA ne M (name of affiant). He& is personalI known to me or has produced identification) as identification. aw) NOTARY PUBLIC My Commission Expires: } 4l YXrd"a CAROL A. DOCHOW g- Notary Public - State of Florida My Comm. Expires Jun 7, 2018 M Commission N FF 104268 (type of Contract-GCC-Heron-FY17; page 14 ATTACHMENT F DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: C* I DAr\JcC Z CA-Pk__1;;7, �►�L (Name of Business) 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. �^ T Y 1 (Signature) e) Date: 1 , - / L STATE OF COUNTY OF: Subscribed and swor to (or affirmed) before me on _� (date) by NOwl-4W V e °P-A(name of affiant). t leiqtype'of is personally kn n to m or has produced identification) as identification. N1 CAROL A. DOCHOW Notary Pudic - State of Florida My Comm. Expires Jun 7, 2018 Commission # FF 104260 NOTARY PUBLIC My Commission Expires: rrr�r,�r FY17 Annual Performance Report (For year October 1, 2016 - September 30, 2017) Agency Name POC ATTACHMENT G Phone/Email - —__ _.__..._._.. _.__ .-_ .__.v. _ .... .................. -- Grant Amount E Per Section 9 of your contract, it is required that you fill out the entire form and answer every question. Narrative on the FYI Performance i.e. successes challen es etc N N Questions: 1. Please list services and client information below for the program/activities funded by the Monroe County award. 2. What were the measurable outcomes (including numbers) accomplished in FY17? Please base these outcomes on the services you identified in Question #1. 3. What number and percentage of your clients/participants were at or below the federal poverty level in FY17; and/or 200%; and/or another standard used by your organization? 4. Were all the awarded funds used in FY17? If not, please explain. Contract-GCC-Heron-FY17, page 16 5. What is the number of FTEs working on the program(s) funded by the award in FY17? 6. Were the awarded funds used as match in FY17? If so, please list matching sources. 7. What area of Monroe County did you serve in FY17? 8. How many total FTEs in your organization? 9. Volunteers: hours of program service were contributed by volunteers in FY17. 10. What was the CEO/Executive Director (or highest paid title) compensation in FY17? (Please breakdown between salary and benefits.) 11. What is your organization's fiscal year? For the following questions, please use the number as reported on your FY17 IRS Form 990. If your FY17 IRS Form 990 is not yet prepared, please estimate for now, and re -submit revised when you have the final numbers. 12. What were your organization's total expenses in FY17? 13. What was your organization's total revenue in FY17? 14. What was the organization's total in grants and contracts for FY17? 15. What was the organization's total donations and in -kind (fundraising) in FY17? 16. What percentage of your expenses are program service expenses versus management and general expenses in FY17 as reported on your IRS Form 990? (Program service expenses are defined as expenses needed to run your programs. Management and general expenses encompass expenses such as fundraising, human resources, salaries of those not working directly with programs, legal services, accounting services, insurance expenses, office management, auditing, and other centralized services.) Contract-GCC-Heron-FY17; page 17 FA-ci .14 4 WT 14 This Agreement is made and entered into this 19th day of October, 2016, between thz BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as 'ABoard" or "County," and The Good Health Clinic, hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision —of health care services to disadvantaged residents in the Upper Keys area, and WHEREAS, it is a legitimate public purpose to provide facilities and services related to health care for the disadvantaged residents in the Upper Keys area, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 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 be accounted for pursuant to statutory requirements. [A :taroh IN] N 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pert,inent 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 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 malpractic- a a the audit services provided. If the PROVIDER receives $100,000 or more in grant funding from the County, the CPA must also be a M.ernber of the American Institute of Certified Public Accountant (AICPA). The County shall be considered an "Intended recipient" of said audit. N Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (i) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (j) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved (see Attachment G); (k) Cooperation with County monitoring visits that the County may request during the contract year;and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER 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 2nd receive benefits as recited in this Agreement. 23. 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 it reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and thf; 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 zxtent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATION& PROVIDER 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. 26. AUTHORITY. Each party represents and warrants to the other that the o executin, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 27. 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. 28. 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. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be 1eemed 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 2ccountability 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 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. 31. RON-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 third -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 signing any such counterpart. 33. 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 thz ither party as follows: For Board: Grants Administrator and Monroe County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, FL 33041 For PRO11DER. Kath The Good Health Clinic 91555 Overseas Highway Tavernier, FL 33070 305-853-1788 305-853-1789 FAY 34. 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. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 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 breach, either of the same conditions or covenants 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 and provisions of this Agreement, shall not be affected thereby; and each remaining term, 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 valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. -1 �k �L* 0,11111 i I ; ra I a im lei ou"I to] wfig-1c] Contract -Good Health Clinic-FY1 7, page 7 IN WrrNESS WHEREOF, the parties .; have caused these presents to be executed as of the day and year first writtenabove. (SEAL) ATTEST.- AMY , CLERK (Federal! �0 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 needs to also contain the following notarized certified statement: "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 source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these ;!uidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considerell reimbursable expenditures unless appropriate payroll journals for the charging department are 2ttached and ce.,tifled. 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 hours worked, withholding information and paid payroll taxes, check number and check amount. If a Payroll Journal is not provided, the followlnw information must be y'rovide"i 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 no-i allowable expenses. 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 2 sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract -Good Health Clinic -FYI 7,"page 10 F-A Iliffi] 0 ILTAI 4011 dil r 10, 11111111150401 11-37PS Monroe County Board of County Commissione Finance Department 500 Whitehead Street Key West, FIL 33040 1 AM 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 $ XIXXX,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) $ XIXXX,XX I certify that the above checks have been submitted to the vendors as noted and that the expEnses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. F-TItT-R IM Sworn to and subscribed before me this - day of 20 by who'S personally known to me. Notary Public Notary Stamp Contract -Good Health Clinic-FY1 7, page 11 F-AwfiTAW. TUTT471FKO- amm# =�� The Good Health Clinic is a free primary health care clinic serving low-income, uninsured residents of the Florida Keys. The Good Health Clinic handles a variety of health care nee including but not limited to: non -emergency healthcare, chronic disease treatment and management, and preventative wellness. I Contract -Good Health Clinic-FY17,• page 12 Igoe a 0 or Pfulicirorl IIUMII UKIS a `111raorueoa perform work as a CONTRACTOR, supplier, subcontractor, or CONTRAC R u der 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." I have read the above and state that neither _44, I if, VN Aip =i 2ny Affiliate has been placed on the convicted vendor list QhinIUTM M.W.MM, (Signature) Date: f STATE OF: it 150 ,MP-7 M01 SEEov I N-J 141iffil W.11VU4 1 1111111111111111111111111111 W1; I0Iil 41 97 A 0 0 1 . . I iZN0R01Z Le• r.� ATTACHMENT E "...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. 010-1990. 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." . -- ft�?1- (Sigda-ture) or 4/ STATE OF: jj Date: I — known to me or has produced re III Contract -Good Health Clinic -FYI 7; page 14 I ammmurgymaja nwrvr��rmrili�� ; 0 - -Tll! (Name of Business) ATTACHMENT IF 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 maintaininR. 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. (Signature) STATE OF: J L I'Wnt rb-t n o/(date) by of affiant)" He/She is personally known to me 1K & 0 (type of identification) as NOTARY PUBLIC My Commission Expires: 9 C)Z CD-6 contract- Good Health Clinic-FY1 7, page 15 1: Md• . , - a 0 1 7MMW44H-1M=-- M-51--714W I Name Grant Amount 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): Questions: 1. Please list services and client information to for the program/activities funded by the Monroe County award. An, 'All lriii 91MEM111115- MT—T-171"PUM I I•M=-111111 9. Volunteers: hours of program service were contributed by _ volunteers in FY1 7. 10. ThInat was the CEO/Executive Director (or highest paid title) compensation in FY17? (Please breakdown between salary and benefits.) is FIEW you have the final numbers. 0 AGREEMENT 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 Grace Jones Community Center, Inc. hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established to provide educational and nutritional services to disadvantaged children in Monroe County, and WHEREAS, it is a legitimate public purpose to provide facilities and services related to the provision of educational and nutritional services to disadvantaged children, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT, The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services related to provision of educational and nutritional services to disadvantaged children in Monroe County, Florida, shall pay to the PROVIDER the sum of FIFTY - FIVE THOUSAND AND NO/100 DOLLARS ($55,000.00) for fiscal year 2016-2017. 04 2. TERM. This Agreement shall commence on October 1, 2016, and terminate September 00 30, 2017, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, I CD as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's 04 I Finance Office. The County shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement — Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, I summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. 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 shown in Article 1, above, during the term of this agreement. 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 termination, unless otherwise required by law. 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 the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract — Grace Jones Community Day Care Center -FYI 7; page I 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 be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. a) 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 the audit services provided. If the PROVIDER receives $100,000 or more in 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 04 said audit. 04 8. PUBLIC ACCESS. The County and PROVIDER 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 PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A-J must be provided prior to the payment of any invoices): (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 and the Florida Department of State as require 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; (e) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies 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 CPA must have a current license, in good standing with the Florida State Board of Accountancy b. The CPA must be a member of the American Institute of Certified Public Accountant (AICPA); c. The CPA must maintain malpractice insurance covering the audit services provided and 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 election of officers; Contract - Grace Jones Community Day Care Center -FYI 7; page 2 (h) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (i) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (j) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved (see Attachment G); (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER 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 PROVIDER 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 PROVIDER 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 PROVIDER 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 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. Contract — Grace Jones Community Day Care Center -FYI 7; page 3 COMPLIANCE ISSUES 16. 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, 17. 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. 18. NON-DISCRIMINATION. County and PROVIDER 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 PROVIDER 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 VI 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 patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et sec.), 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. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER 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 PROVIDER 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 Contract — Grace Jones Community Day Care Center-FYI7; page 4 this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER 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. 23. 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. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER 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. 25. ATTESTATIONS. PROVIDER 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. 26. 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. INDEMNITY ISSUES 27. 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. 28. 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. 29. 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 Contract — Grace Jones Community Day Care Center -FYI 7; 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 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. 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 third -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. GENERAL 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 signing any such counterpart. 33. 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: Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Iris C. Coe, Executive Director Grace Jones Community Day Care Center 230 41't Street Marathon, FL 33050 305-743-6064 305-289-7251 FAX Monroe County Attorney PO Box 1026 Key West, FL 33041 34. 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. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Contract — Grace Jones Community Day Care Center-FYI7; page 6 The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 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 breach, either of the same conditions or covenants 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 and provisions of this Agreement, shall not be affected thereby; and each remaining term, 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 valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. 04 [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract — Grace Jones Community Day Care Center-FY17; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: AMY HEAVILI 0 M Lola glow 1:101m 0111i"IM01*4 � I NA Grace ]ones Community Day Care Center (Federal ID No.—:3 1-2�+�o2276 ) By Executive Director ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENT 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 needs to also contain the following notarized certified statement: "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 source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract, This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. 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 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 expenses. 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, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract —Grace Jones Community Day Care Center-FY17; page 9 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses 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 County Code of Ordinances and State laws and regulations. Credit card statements are 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. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A 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 04 related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. E�~ Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract — Grace Jones Community Day Care Center -FYI 7; page 10 ATTACHMENT B 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 organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source Executive -•Director Attachments (supporting documentation) Sworn to and subscribed before me this day of 20_ by who is personally known to me. Notary Public Notary Stamp Contract — Grace Jones Community Day Care Center -FYI 7; page 11 ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) For more than fifty years, Grace Jones has been providing exemplary early learning and afterschool care to children of working parents in Monroe County. Our commitment to providing only the very best, State certified, Gold Seal certified and award -winning service is unwavering. The financial support of the Monroe County Board of County Commissioners and the Human Services Advisory Board makes it all possible. We cannot thank you enough on behalf of Grace Jones, our students, clients and their families for your continued support. Expenditures to be provided under this contract include: • Teacher salaries • Back Pack program food and supplies • Childcare items such as linens and school supplies • Facility Utilities Contract - Grace Jones Community Day Care Center-FY17; page 12 ATTACHMENT D PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or 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." I have read the above and state that neither --Z /y S` C (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: {5, f STATE OF: COUNTY OF: . Subscribed and sworn to (or affirmed) before me on Z `4 date b�-�. (date) y (name of affiant). He/She is personally kRQwra.-.t0,-me.. or has produced identification. BAN My Comm. Expires`; May 3, 2018 No. FF 938249 10 y OF FvgA.",a� (type of identification) as £I.. ; NOTARY PUBLIC My Commission Expires: g; xr J'k� Contract — Grace Jones Community Day Care Center -FYI 7; page 13 ATTACHMENT E SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE 11 - cm X/ 6':, -24 r C�-iryece jcr-12rd C (Company) "...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. 010-1990. 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." (Signature) j r Date:` / t STATE OF: :i '% .. COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by(name of affiant). He/She is personally known to me or has produced identification) as identification. My Comm. Expires'. May 3, 2018 No. FF 938249 cSgj° . LucOF FV P Contract — Grace Jones Community Day Care Center -FYI 7; page 14 (type of NOTARY PUBLIC My Commission Expires: ATTACHMENT F DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 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, requirements. STATE OF: COUNTY OF: certify that this firm complies fully with the above f? (Signature) / Date: Subscribed and sworn to (or affirmed) before me on j. k ,� w ;. (date) or has produced identification..... ..... f! 0 P' A A,�l�il� My Comm. Expires May 3, 2018 No. FF 938249 uc.. OF\F1-O�`�o� Contract —Grac Jbir in (name of affiant). He/She is personally known to (type of identification) Day Care Center-FY17; page 15 _J U NOTARY PUBLIC My Commission Expires: by me as ATTACHMENT G FY17 Annual Performance Report (For year October 1, 2016 — September 30, 2017) 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): Questions: 1. Please list services and client information below for the program/activities funded by the Monroe County award. 2. What were the measurable outcomes (including numbers) accomplished in FY17? Please base these outcomes on the services you identified in Question #1. 3. What number and percentage of your clients/participants were at or below the federal poverty level in FY17; and/or 200%; and/or another standard used by your organization? 4. Were all the awarded funds used in FY17? If not, please explain. Contract— Grace Jones Community Day Care Center -FYI 7; page 16 5. What is the number of FTEs working on the program(s) funded by the award in FY17? 6. Were the awarded funds used as match in FY17? If so, please list matching sources. 7. What area of Monroe County did you serve in FY17? 8. How many total FTEs in your organization? 9. Volunteers: hours of program service were contributed by volunteers in FY17. 10. What was the CEO/Executive Director (or highest paid title) compensation in FY17? (Please breakdown between salary and benefits.) 11. What is your organization's fiscal year? For the following questions, please use the number as reported on your FY17 IRS Form 990. If your FY17 IRS Form 990 is not yet prepared, please estimate for now, and re -submit revised when you have the final numbers. 12. What were your organization's total expenses in FY17? 13. What was your organization's total revenue in FY17? 14. What was the organization's total in grants and contracts for FY17? 15. What was the organization's total donations and in -kind (fundraising) in FY17? 16. What percentage of your expenses are program service expenses versus management and general expenses in FY17 as reported on your IRS Form 990? (Program service expenses are defined as expenses needed to run your programs. Management and general expenses encompass expenses such as fundraising, human resources, salaries of those not working directly with programs, legal services, accounting services, insurance expenses, office management, auditing, and other centralized services.) Contract— Grace Jones Community Day Care Center-FY17; page 17 AGREEMENT This Agreement is made and, entered, into. thls 19th day of October, 2016, between the BOARD OF COUNTY COMMISSIONERS' OF MONROE COUNTY,, FLORIDA,, hereinafter referred to as "Board" or "County,." and Heart of the Keys Recreation Association, Inc., hereinafter referred to as „PROVIDER." WHEREAS, the • PROVIDER is a not -for -profit corporation. established• for the provision of activities for the wholesome development of youths' personal, social, physical, and emotional growth, and WHEREAS., it is a'le.gitimate public purpose to provide facilities and services for activities for the wholesome development of youths' personal, social, physical., and emotional growth., now, therefore, IN CONSIDERATION of the .Mutual ;promises and icovenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out duties of the Board as to providing facilities and services for activities for the wholesome development of youths' personal,. social, physical, and emotional growth in Monroe County, Florida, shall pay to the PROVIDER the sum of FORTY THOUSAND AND NO/100 DOLLARS ($40,000.00) for fiscal year 2016-2017. 2. TERM. This Agreement shall commence on October 1, 2016, and terminate September 30, 2017,, unless earlier terminated. pursuant to other,provisions herein. 3. PAYMENT. 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 :below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations 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 shouldcontain a notarized certification statement. An example of"a reimbursement request cover letter is included, as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. 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 surd shall not :exceed the total amount shown in Article 1, above, during the term of this agreement. 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 termination, unless otherwise required bylaw. 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 the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved. by each party prior to submission. Contract -Heart of the Keys Recreation-FY17; page 1 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 be accounted for pursuant to statutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 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 the audit services provided. If the PROVIDER receives $100,000 or more in 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. 8. PUBLIC ACCESS. The County and PROVIDER 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 PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A-J must be provided prior to the payment of any invoices): (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 and the Florida Department of State as require 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; (e) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies 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 CPA must have a current license, in good standing with the Florida State Board of Accountancy; b. The CPA must be a member of the American Institute of Certified Public Accountant (AICPA); c. The CPA must maintain malpractice insurance covering the audit services provided and 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 election of officers; Contract -Heart of the Keys Recreation-FY17; page 2 (h) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (i) Specific description or list of services to be- provided under this contract with this grant (see Attachment C); (j) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within. 30 days after the contract end date.) The performance, report shall include statistical- information, regarding. the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved (see Attachment G); (.k) Cooperation with County monitoring visits that the County may request during .the contract year; and (l) -Other reasonable reports and lriformation related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES;. The PROVIDER, for the consideration named, covenants and rd 04 04 agrees with the Board'to- substantially and- satisfactorily perform and provide the services outlihed in Attachment C"to residents of Monroe County,, Florida. 11. ATTORNEY'S FEES AND COSTS- The County and PROVIDER agree that in, the event any cause of actiart 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 -prevail in.g-party, and shall ,include attorney's-fees, courts costs, .investigative, and out -of -.pocket expenses "in a.p.poilate proceedings. 'Mediation proceedings '€n'itiated 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 PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and empr6yees 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; unauthorizedcompensation;, misuse of public position, conflicti-ng employment ar contractual reiatlonsh[p; and disclosure or use of certain information. 14. NO.SOLICIT.ATION/PAYMENT, The County and PROVIDER 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 Dr resulting from the award or making of this ,4gr-eement. For the breach or violation of the provision, the PROVIDER 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 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. Contract -Heart of the Keys Recreation -FYI 7; page 3 COMPLIANCE ISSUES 16. COMPLIANCIE WITK LAW. In provi:dings' all; services° p.ursaant to this- agreement, the PROVIDER shallabide by. al'l 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 shalt entitle. the, Board, to terminate. this contract immediately upon delivery of written_ notice of.termination. to the PROVIDER. 17. 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 iicensure of the PROVI-DER'S .program and staff. L 18. ,NON-DISCRIMI'NATIONi, County and PROVIDER agree that there will be no discrimination ,against ,airy 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 PROVIDER agree to comply with all Federal and Florida statutes, and all local N ordinances, as applicable, relating to nondiscrimination. These; include but are not limited to;. 1) Title VI 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 C6 ,of:drug abuse; 6) Tlwe -Comprehensive :Al-cohol 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 a'lcohollsm; 7) The "Public .Health Service' Act of 19,12, ss. 523 and 527 {42 'USC i ss. )690dd-3 and 290ee-3), as amended, -,relating to confidentiality of alcohol and drug abuse patient 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 j Federal or state statutes which may apply to the: parties to, or the, subject matter of, this i 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. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER 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 Boa rd,of -County'Cornmissloners..1f the issue or :issues are ,stidl 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 ad'ministrati've or Fegal` proceed-i'ng is instituted" against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER 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 Contract -Heart of the Keys Recreation -FYI 7; page 4 this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES' 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has, any interest" and sha.il not. acgtalre any interest.. whieh••woul.d- confi•ict 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. 23. `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 ,assignrnent sand :any assignee .shall comply with all of the provisions '.herei-n. -finless -expressly. provided :for -therein, :such :approval shall ,in no man, ner 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. 24. NON -WAIVER OF IM'MU'NITY. Notwithstanding the provisions of Sec. 768.28,. Florida Statutes, the participation of the County and" the PROVIDER 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 Rabi,lity coverage, nor shalF any contract entered, into by the County. be requiredto contain any provision for waiver. 25. ATTESTATIONS. PROVIDER 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. 26. AUTHORITY. .Each party .represents and warrants .to .the other that .the execution, delivery :and performance of -this :Agreement have =been duly .authprized 'by .all necessary `County and corporate action, as required by law. INDEMNITY ISSUES 27. 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., andi 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. 28. 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 ttheactivity -of officers, agents, or employees of .any public .agents -or e.moloyees 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 [ImIts of the County. 29. 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 Contract -Heart of the Keys Recreation-FY17; 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 shalt' it be construed as, relieving any participating entity from any obtigation or responsibility imposed upon the entity by raw 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. 31. NON-RiEiLIANCE 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 third -party claim or entitlement to or .benefit of .any service or program contemplated hereunder, and the County and the PROV1,[7ER :agree that neither the 'County nor the PROVIDER eor :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. GENERAL 32. Execution in Cbunterparts. 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. 33. 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: Grants Administrator and 1100 Simonton Street Key. West, FL 33040 For PROVIDER Anthony Culver, Executive Director Reart.of the keys Recreation. Associations Inc. 810 33rd Street P.O. Box 500836 Marathon, Florida 33050 305-743-4164 Monroe County Attorney PO Box 1026 Key West, FL 33041 34. 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 contraitts.made and to-be� performed entirely i.n the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in. Monroe County, Florida. Contract -Heart of the Keys Recreation -FY1 7; page 6 The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER,, Any waiver of any breach of covenants herein contained. to be kept and performed by the PROVIDED shalt 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. 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 0 and .provisions of this Agreement, shall not be affected thereby; and each remaining term, 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 tlis Agreement. The -County �and PROVIDER ,agree to •reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the r� stricken provision. 37.. ENTIRE AGREEMENT. This agreement constitutes the, entire agreement of the parties. hereto with respect to. the subject matter hereof ands supersedes any and all' prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract -Heart of the Keys Recreation-M7; page 7 E(s ue eea : LZZZ) C L u ' 'ne I C- - L L Lle s�(e e a :pee : ue u3e ' M C) IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. ATTEST: AMY HEAVIf; R, CLERK By Deputy Clerk Con&act-Heart of the Keys Recreadon-M7, page 8 BOARD OF CO[tMY COMMISSIOWERS OF MONROtE COUNTY, FLORIDA BY.- Mayor/Chairman I leart of the Keys Recreation Association, Inc. (Federal ID No._�ri// ) sy ecutive Director ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREKENTS This document is Intended: to provide basic guidelines to Duman Service and Communrty-Eased; 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 needs to also contain the following notarized certified statement: "I certify that the above c`hecks'have'been subrriitted'tothe vendors as noted and that the a'ttadhed,expenses are.accurate and'in agreement with the records of :this organizatl.an, furthermore, these expenses are 'in compliance with this organization's contract with the Monroe County Board of County Commissioners and will ,not .be submitted .for reimbursement to any other funding source:" Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no: previous balances.. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The. Clerk's Finance Department reserves the r'ght to review reimbursement requests; on an indi'vidual basis. Any questions regarding, these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invflice-is'required for reimbursement. Inter -company allocations are not considered :reirribur..sa'bie expenditures unless ,appropriate ,payro':ll journals for :the charging de, pai'tmerit are attached and cerbfied. '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 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 applicaVe paid payroll'. taxes.. Postage, Overnight Deliveries, Courier,. etc, A log of all postage expenses, as they relate to the County contract i's, 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 .alf.owz l.e expenses. Reproductions, Coplies,,.etc. A tog of copy expenses, -as they relate'to"the -County contract'is required for reimbur.-sement. 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, Services,etc.- For supplies or services ordered, a vendor invoice is required. Contract -Heart oFthe Keys Recreation-FY17; page 9, Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses 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 County Code of Ordinances and State laws and regulations. Credit card statements are 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. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A 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 related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading ' must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. j Non -allowable Expenses i The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract -Heart of the Keys Recreation-FY17; page 10 ATTACHMENT B ORGANIZATION. LETTERHEAD Monroe County Board of County Commissioners Finance Department 5€30. Whitehead, Street Key West, FL 33040 Date Tbe,:foYiawing is a °summary ,of the expenses for (grganization name) for the time ..period Of to cheek # 'Payee 'Reasoln Amount 1.01 Company A Rent $ X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX IOS. Employee 5) , P/R ending 05/28/01 XXX.XX (A) Total (B)Tbtab' is ilor payments $; XAXXX.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 -�cerbfytttat t'he ;a'bove dfiedkshave been sdbrnitted to ,the vend -ors as rated -and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of-CourityCoin missioners and will not'be.submitted-fonreinibwrsement-to any other fund ing source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this day of who is personally known to me. Notary -Public Notary Stamp Contract -Heart of the Keys Recreation -FYI 7; page II 20_ by, ATTACHMENT C Services to be provided: elnsert~ aF description of your orgarozation including a fist of the, services that wilt be provided by your organization under this contract. j Services to be provided: Organization's Name.- Heart of ,the Xeys ;Recreation Association, Inc. aka , 'Marathon Recreation Center Executive Director; Anthony Culver ,L*catiiam 810.3314 Street aGuif.Maratbon, FL 33050 (305) 743-4164 marathonreccenter@comcast.net Ages of children served. & yrs. To 18 yrs. oi`d' Days of Operations. 3pm - G. pm, or 11:30, am - S pm (Early Release Days) 8.arn..- 5 ;pm & 7-10°pm svm.mer!program Jhours 04 04 Various times far ,ofher.prog�ra,ms ,& a. bWties The Marathon Recreation Center is a 501c ( 3 ) non-profit organization that provides a safe and drug free environment for the youth of the Middle Keys. The services, provided, under this contract are listed below: In 2 Afterschooa pvograms Homework Assistance & Academic Improvement Programs Basketball games.&Win_§trvcflon Volleyball games & instruction Flag .Football games .& instruction Kickball ;games :&,inst�ru�cti�on Dodgeball games & instruction Book Club & Spelling Bees Board Gaines & Other Recreationak Activities Billiards/Pool Table Hockey Ping Hong Shuffleboard. Horseshoe Gaines Playstation Video Games Arts-n-Crafts fashion & Design Club Movies Cheer & 3Dance ". Rerfortrn a;nce '.Team Theme Dances for Teems Fun Nigbt Ev nts ,For Elernentary Ages .Educational R-RecreaVonal ,geld T;Vs Talent Show Fashion Show Dance Fitness Class Adult Aerobics Community Meetings & Events ke; Karathon Youth 0ulb Functions, Red( Cross, K.HS Cvubs & Fundralsing Events Volun,teer,Wg,•forF Com,m,unity Rrajects,& Everifis ie; Rellayv For Life, etc. Contract -Heart of the Keys Recreation -FYI 7; page 12 ATTACHMENT D PUBLIC ENTITY CRIME STATEMENT "A person; or affiliate who has been placed on the convicted vendor list fallowing; a, conviction for public entity crime may not submit a bid' orr a contract to provide any goods or services to a public entity; may not submit a bidon 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 wiM 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." //�� A ahave read 'the above -and state 'that neither orA J �/ 2espondent's name} nor any Affiliate has been placed on the convicted vendor list within t a last 36 months. / I ///, 15,1e ( ' ature} Date: �Vz / STATE OF: rL- COUNTY OF: , I r C�(,e.,--- Subscribed and Sw rn to (o-affirmed) fare me on (date) ;by 1i (.( V :(name of affaan#). He he is ers known or has produced (type of identification) as identification. NOTARY PUBLIC My Comm ssibrr Expires: " ZORAIDAC.BAN MY COMMISSION # FF 955314 EXPIRES: May 6, 2020 Bonded 7hm Notary Public Underwriters Contract -Heart of the Keys-4Recreation--FYi•7; page 13 ETHICS, CLAUSE ATTACHMENT E SWORN aTATIEWilff UNDER ORDINANCE NO. 010-1,990 MONROE° COUNTY, FLGMGA. . (Company) "...warrants :that helif.'ias .not employed, -retained of otberwiSe rbad -act ors his1her behaif any -former -Comity dfficer ,or employee Jn violation -of SeG ion, 2 .or any Cow4 officer or employee in Violation of Sedflon 3 of Ordinance 'No. 010-1990. For breach or violation of this provision the County may, :in its'discreflon,"terminate`this Agreement without°iis�bility and may also, in its discretic;~r�, dedt t._Y,rom:Ibe Air�eernent ar purchase VAce, or -otherwise m=ver,,the,Mi amunt of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." (S' nature) Date: STATE OF: F11 OOU-M Y OF: _)'Y)� rn:r: .,.,_ Subscribed,and.sworn to �or.af#irmed) b f r r ae<on (date) by `k'y Qy1 v (name of affiant)oShe ispersonaV known e-or as produced (type of identificationX as i&nfiffcation, NOTARY PUBLIC lily 'Garninlission-'Expires: ZORAIDA C. BAN .: MY COMMISSION # FF 955314 i y ?off' %;off Ft�; •• Bonded EXPIRES: May 6, 242t) Thru Notary Public Underwriters Contract -Heart of the Keys Recrea tion -FY1 7; page 14 ATTACHMENT F DRUG -FREE WORKPLACE FORM The undersigned: vendor in accordance with, Florida Stafote W-W -hereby ceffifes that (Name of Busines* 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 wail be taken ;against employees .for violations of such prohibition. 'lnfarm 2. employees a'bo.ut 1be dangers of drug ,ab.use'in the..workp'lace, -the ;business' .po9icy of m.aintaWnga-dwg:framewDrkplace,:;any.avallEi le.or'tgcounseYing,,,reTvd Pita , andemployee tm assistance programs, and the penalties' that may be imposed upon employees for drug abuse violations. Z. Give each envioyee engaged '�a vmvWkig . the tamnx>d or contractuai services that .afe 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 Cq working on the commodities or contractual services that are under bid, the em. - ployee, wilt abide by the, terms of' the..stato,ment and, wilt, notify -the empl6yer ofany conviction of., or plea of -guilty or noln, conten dore.- to, any molefffrrno of Chzpter. 893 (FIbrida. Statutes) or of any, contmiled- g substance law of the United States or any state, for a violation occurring in the workplace no Fa telr thsn five (5days: after such convictiovv. . S. 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 dnlg-free workplace through implementation of:1hls secrtonl. As the ;person :autharized io sign the -,statement, J zerfify that is firm complies fully with the above .,'requirements. (S' nature Dafe: C7 Z, 7 e STATE -OR �L COUNTY OF: Sub -scribed and sworn to .(,or .affirmed) -before me on -- "�v � {date) by Game of a#fraa#). ,ale/ he .Js .ycracvr:--nee r "has , o uced ( dedfficabon) .as 'identification. _. ZOFtAIDA C. BAN K _ MY COMMISSION # FF 955314 EXPIRES: May6, 020 x C[)Ck�CT}ission Expires: Bonded ?hru Notary Public Underwdters Contract -Heart of We Keys Recreation -FYI 7, page 15 ATTACHMENT G FY17 Annual Performance Report (For year October 1, 2016 — September 30, 2017) 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): Questions: 1. Please list services and client information below for the program/activities funded by the Monroe County award. 2. What were the measurable outcomes (including numbers) accomplished in FY17? Please base these outcomes on the services you identified in Question #1. 3. What number and percentage of your clients/participants were at or below the federal poverty level in FY17; and/or 200%; and/or another standard used by your organization? 4. Were all the awarded funds used in FY17? If not, please explain. Contract -Heart of the Keys Recreation-FY17; page 16 5. What is the number of FTEs working on the program(s) funded by the award in FY17? 6. Were the awarded funds used as match in FY17? If so, please list matching sources. 7. What area of Monroe County did you serve in FY17? 8. How many total FTEs in your organization? 9. Volunteers: hours of program service were contributed by volunteers in FY17. 10. What was the CEO/Executive Director (or highest paid title) compensation in FY17? (Please breakdown between salary and benefits.) 11. What is your organization's fiscal year? For the following questions, please use the number as reported on your FY17 IRS Form 990. If your FY17 IRS Form 990 is not yet prepared, please estimate for now, and re -submit revised when you have the final numbers. 12. What were your organization's total expenses in FY17? 13. What was your organization's total revenue in FY17? 14. What was the organization's total in grants and contracts for FY17? 15. What was the organization's total donations and in -kind (fundraising) in FY17? 16. What percentage of your expenses are program service expenses versus management and general expenses in FY17 as reported on your IRS Form 990? (Program service expenses are defined as expenses needed to run your programs. Management and general expenses encompass expenses such as fundraising, human resources, salaries of those not working directly with programs, legal services, accounting services, insurance expenses, office management, auditing, and other centralized services.) Contract -Heart of the Keys Recreation-FY17; page 17 AGREEMENT 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 Hospice of Florida Keys, Inc, hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of home health and hospice care services, and WHEREAS, it is a legitimate public purpose to provide facilities and services related to home health and hospice care, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for home health and hospice care for disadvantaged and medically -needy persons living in Monroe County, Florida, shall pay to the PROVIDER the ourn of ONE HUNDRED NINETY THOUSAND AND NO/108 DOLLARS ($190,000.00) for fiscal year 2016-2017. 2. TERM. This Agreement shall commence on October 1, 2016, and terminate September 30, 2017, unless earlier terminated pursuant to other provisions herein, 3. PAYMENT. 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 below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. 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 shown in Article 1, above, during the term of this agreement, 4~ AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement ofexpenditures 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. 5' 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 the purpose ofthis Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract -Hospice mwA-Fv 7; page , 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 be accounted for pursuant to statutory requirements, 7. RECORDS. PROVIDER 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 Agreennant. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant tothis Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.83, FS, running from the date the monies were paid to PROVIDER. 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 ofAccountancy, and maintain malpractice ~� insurance covering the audit services provided. If the PROVIDER receives $100,000 or more in grant funding from the County, the CPA must also be a member of the American Institute of Certified Public Accountant (AlCR4). The County shall be considered an "intended recipient" of said audit. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters orother 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 PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish tothe County the following (items A-] must be provided prior to the payment of any invoices): (a) IRS Letter ofDetermination and GUIDESTAR printout indicating current501(u)f3) status; (b) Proof of registration with the Florida Department of Agriculture an required '` by Florida Statute 496.405 and the Florida Department of State as require by Florida Statute 617.01201 or proof ofexemption from registration as per Florida Stature 496.406. (c) List of the DrQanization!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; (e) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies 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 CPA must have acurrent license, in good standing with the `Florida State Board mfAccountancy; b. The CPA must be a member of the American Institute of Certified Public Accountant(AICPA); o. The CPA must maintain malpractice insurance covering the audit services provided and d. The County shall be considered an "intended recipient" ofsaid audit," (f) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (g) Orgoo|zation's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; Contract -Hospice vmmfr�page o (M) Organization"s Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (j) Specific description or list of services to be provided under this contract with this grant (see Attachment [); A\ Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved (see Attachment G); (k) Cooperation with County monitoring visits that the County may request during the contract year|and (|) other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year, RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board tosubstantially and satisfactorily perform and provide the services outlined in Attachment Cto residents of Monroe County, Florida. 11' ATT0RNEY'S FEES AND COSTS- The County and PROVIDER 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 reasoneb|eattorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attnrney\sfees, 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 |muns to the benefit of the County and PROVIDER 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 ofconduct 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 ofpublic position, conflicting employment or contractual relationship; and disclosure or use mfcertain information. 14. NO SOLICITA]][ON/PAYMEyA7. The County and PROVIDER 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 broach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and/ at its discretion, to offset from nnVoieo 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 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. Contract -Hospice umA-Fr/7;page o COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant tnthis agreement, the PROVIDER shall abide by all statutes, ordinances rules and regulations pertaining tnVrregulating 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 oftermination tVthe PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance covrnsge. Funding by the Board iscontingent upon retention of appropriate local, state and/or federal certification and/or |irensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by 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 PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiacrirnination. These include but are not limited to: 1} Title VI 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 sa. 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 UBC se. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL92-255), as amended, relating to nondiscrimination on the b/'-in of drug abuse; G) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment -d Rehabilitation Act of 1970 (PLg1-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7\ The Public Health Service Act of 1912, oa. 523 and 527 {42 U-xC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; B) 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; g) 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. 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must he approved in vvr|t|mg by the County. 20. AD3U0ICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER 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 orbyFlorida 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 PROVIDER agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related tmthe substance of Contract-Hospicevnm-Fr 7;pmoe 4 this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party tothis Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 22. COVENANT OF NO INTEREST' County and PROVIDER 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. 23. 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 tothe total agreed upon reimbursement amount for the services of the PROVIDER, 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER 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 ofimmunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees toexecute such documents anthe County may reasonably require, to include Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement, 26. 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. INDEMNITY ISSUES 27- INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board ofCounty 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 expanses (including attnrney'o 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. 28, 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 Vfthe County, 29. NO PERSONAL LIABILITY. No covenant oragreement 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 oremployee of Monroe Contract -Hospice Nvn-FY�page o 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 RESPOKNS1132LITIES: Non -Delegation nfConstitutional 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 cane the performance may be offered in satisfaction of the obligation or respVns|bi|ity. 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. 31. NON -RELIANCE BY NON-PARTIES. No person orentity shall be entitled to re' � upon the terms of this Agreement ho �n5urce ur attempt to enforce any third -party c|a|nn o entitlement to orbenefit nfany service orprogram contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee ufeither 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. R F-�� F..�� 32. Execution in Counterparts. This counterparts, each of which shall be regarded constitute one and the same instrument and Agreement bysigning any such counterpart. Agreement may be executed in any number of s an original, all of which taken together shall any of the parties hereto may execute this 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered ormailed, postage pre -paid, by certified mail, return receipt requested, tothe other party osfollows: For Board: Grants Administrator and 11OOSimonton Street Key West, FL33O4O For PROVIDER Gayle Mattson, President Hospice ofthe Florida Keys, Inc. 1319 VViQiarn St. Key West, FL 33040 305-294'8812 305-294-9348FAX Monroe County Attorney PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE/ INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the |ovvs of the State of Florida applicable tocontracts made and tobeperformed entirely inthe State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Contract -Hospice wwofY/7;page m The County and PROVIDER agree that, in the event of conflicting interpretations of the tanne or e term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver ofany 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 ofthe same conditions Vrcovenants orotherwise. 36. SEVERABILITY. If any hamn, 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 nfcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement Sho|| be valid and shall be enforceable to the fullest extent permitted by |avv 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 valid provision that comes as close as possible to the intent of the stricken provision. 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY UEFTBLANK WITH SIGNATORY PAGE 7DFOLLOW] Contract-Hospicemww�I 7,'page r IN WUNESS WHEREOF, the parties hereto have caused these presents to be executed as of - day and year first written above. By Deputy Clerk Witness .wn Witne55 Ra. Mayor/Chairman jt) Fit Al ITT01 N 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, asthey relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. Acover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: °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 organ|zation'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices nhum|d be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should badirected to3O5-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. 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 hours worked, withholding information and paid payroll taxes, check number and check amount, If 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 Vrexpress 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 expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the dote, number ofcopies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be aUovvab|e. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract -Hospice mv^-Fw7,page 9 Te|efam, Fax, etc. A fax log is required. The log must define the sender/ the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including- the Party called, the caller, the telephone number, the date, and the purpose ofthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. Ifattending a conference ormeeting, acopy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the a|r||netickct. Atrave| itinerary in appreciated to facilitate the audit trail, Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a tax! from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the dasdnodon. Airport parking during a business ~� trip is not. U) X A 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 N related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI TRAVEL PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances, An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to o point of departure. For example, driving from one's home to the airport for business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XX0, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances, Meal guidelines state that travel must begin prior to O a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after p.m. for dinner reimbursement, Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included |nthe contrac±),contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. ContractHospicemvA-FY 7;nuge 10 ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) 1. Description of your organization: The mission of Visiting Nurse Association and Hospice of the Florida Keys (VNA/Hospice) is Honoring life by providing comfort, care and compassion to those we serve. VNA/Hospice provides home health and hospice care to all residents in Monroe County who need our services, including those who are unable to pay all or some of the charges for that care. For 32 years, VNA/Hospice has continued its mission of providing a full range of nursing and health care services to patients and families who are recovering at home from serious illness or injury struggling to remain in their homes as their physical capacities diminish, those who are dealing with a chronic, life -altering disease, or those who are in the final stages of a life limiting illness. List the services your agency provides: This organization provides a comprehensive range of home health and hospice services including: skilled/ intermittent nursing care, wound care, palliative care, physical /occupational/speech therapies, dietary consultation, case management, routine home care, continuous home care, inpatient general hospice care, inpatient respite hospice care, bereavement services, physician consultation and management in hospice and palliative care programs, social work/counseling services, spiritual care services, volunteer services, medical response system rentals, community -based programs such as influenza vaccination, support groups, health education and monitoring. 3. What specific services will. be funded by this request? The funding amount requested represents approximately a combined 10 percent of the wage expense for nursing, physical and occupational therapy and social work staff who provide direct care to patients. It also includes 10 percent of our professionally contracted medical director and physicians. All services to be funded are those related directly to patient care such as home health, palliative, and hospice services provided to medically needy patients requiring professional nursing, rehabilitation, psychosocial and spiritual care. It would also include medical equipment and supplies, unreimbursed pharmacy expenses, ambulatory expenses, and non -reimbursable community educational programs such as our bereavement and cancer support groups and our unfunded annual memorial ceremonies held throughout Monroe County. Contract -Hospice VNA-FY17,,page 12 ATTACHMENT "4person oraffiliate who has been placed nnthe convicted vendor list following aconviction for public entity odn0e may not submit e bid on a contract to provide any goods nrservices @m a public entitv, may not submit a bid on a contract with a public entity for the construction or repair of public building nrpublic work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, suboontnentVr, or CONTRACTOR under e 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 Vnthe convicted vendor |iet." | have read the above and state that neither nUamte nenneA nor any Affiliate has been placed on the convicted vendor�sk within the last �-6- onths. STATE OF: rlcf) da COUNTY OF: Subscribed and sworn,to (or affirmed) b O(Cefore me on Q(name of affiant), He/She is ulouliclity rknown to me or has produced (type of identifica ion as identification, Q11, *0-TARY PUBLIC 13- Contmct-Haspice VNA-FY17,, page 0-1991 MONROE COUNTY, FLORIDA ETHICS CLAUSE ATTACHMENT E "...warrants Ulathe/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. 010-1990, For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its dinnretinn, deduct from the Agreement or purchase prioa, or otherwise nanowar, the full amount of any fae, nommission, perconhaga, gift, or consideration paid to the former CnoDtv officer or employee," STATE OF:-., COUNTY OF. Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant), He/She(rs-`personally (��wno me or has produced (type of kdentifioatorAa9identification. Bcf*d TWM* NO" Wary Assn, of j MY Comm. Expires Oct 26, 2018 , Lfe, erw Contract -Hospice wNAf,7; page 14 NOR MyCommission Expires: � ATTACHMENT The undersigned vendor iDaccordance with Florida Statute 287.087hereby certifies that: (Name of Business) 1. Publish 8 statement notifying employees that the unlawful 0BnVfantune. UistribuUoR, dispeQoiOQ, possession, or use ofocontrolled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Z Inform employees about the dangers of drug abuse in the vvorkp|aoe, the business' policy of maintaining 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. 1 Give each employee engaged in providing the commodities or contractual services that are under bid ocopy ofthe statement specified insubsection /1\ 4. In the statement specified in subsection (1)` notify the employees that, as 8 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 no|o oonteodeRa to. any violation of Chapter 893 (Florida Statutes) or of any controlled substance |avv of the United States or any state, for a violation occurring in the workplace no later than five (5)days after such conviction. 5 |rnpuae a sanction on, Vrrequire the satisfactory participation in o drug abuse assistance or rehabilitation program if such is available in the employee's omrn0unity, or any employee who iSsoconvicted. 0. Make good faith effort to continue tomaintain adrug-free workplace through implementation of this section. As the person authorized to sign the statement, | certify that this firm complies fully with the above STATE OF: _EaLh COUNTY OF: to (o affirmed) before me on d010 (d2te) by Sub ribe,',, and, r-TorN or h— ,r------ \ty��\ o/ /uenumoamory asidentification. Ole MY CommExpires Oct 26, 2018 W Publi c . State "' FIOJA ary Public - State al Florida Comract-mospmemNA~FYI 7; page 15 NOTARY PUBLIC ~ My Commission Expires:Ja-Ade- ATTACHMENT G FY17 Annual Performance Report (For year October 1, 2016 — September 30, 2017) 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): Questions: 1. Please list services and client information below for the program/activities funded by the Monroe County award. 2. What were the measurable outcomes (including numbers) accomplished in FY17? Please base these outcomes on the services you identified in Question #1. 3. What number and percentage of your clients/participants were at or below the federal poverty level in FY17; and/or 200%; and/or another standard used by your organization? 4. Were all the awarded funds used in FY17? If not, please explain. Contract -Hospice VNA-FY17; page 16 5. What is the number of FTEs working on the program(s) funded by the award in FY17? 6. Were the awarded funds used as match in FY17? If so, please list matching sources. 7. What area of Monroe County did you serve in FY17? 8. How many total FTEs in your organization? 9. Volunteers: hours of program service were contributed by volunteers in FY17. 10. What was the CEO/Executive Director (or highest paid title) compensation in FY17? (Please breakdown between salary and benefits.) 11. What is your organization's fiscal year? For the following questions, please use the number as reported on your FY17 IRS Form 990. If your FY17 IRS Form 990 is not yet prepared, please estimate for now, and re -submit revised when you have the final numbers. 12. What were your organization's total expenses in FY17? 13. What was your organization's total revenue in FY17? 14. What was the organization's total in grants and contracts for FY17? 15. What was the organization's total donations and in -kind (fundraising) in FY17? 16. What percentage of your expenses are program service expenses versus management and general expenses in FY17 as reported on your IRS Form 990? (Program service expenses are defined as expenses needed to run your programs. Management and general expenses encompass expenses such as fundraising, human resources, salaries of those not working directly with programs, legal services, accounting services, insurance expenses, office management, auditing, and other centralized services.) Contract -Hospice VNA-FY17; page 17 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 Independence Cay, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of a community soup kitchen, transitional housing program and referrals to support services in Monroe County, and WHEREAS, it is a legitimate public purpose to provide facilities and services for a community soup kitchen, transitional housing program and referrals to support services, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services related to provision of a community soup kitchen, transitional housing program and referrals to support services for homeless persons in Monroe County, Florida, shall pay to the PROVIDER the sum of THIRTY THOUSAND AND NO/100 DOLLARS ($30,000.00) for fiscal year 2016-2017. 2. TERM. This Agreement shall commence on October 1, 2016, and terminate September 30, 2017, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. 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 below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the teriiiiiisatio,ii date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbu�rsement, the Board shall reimburse the PROVIDER. 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. 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 termination, unless otherwise required by law. 5. 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 Contract -Independence Cay-FYI 7; page I purpose of this Agreement, provided that all applications, requests, grant proposals, and funding sol�icitations 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 bro accounted for pursuant to statutory requirements. 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 W termination of this Agreement, If an auditor employed by the County or Clerk determines that E a) monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by (Y this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 5�5.03, FS, running from the date the monies were paid to PROVIDER. 0 U) In addition, if PROVIDER is required to provide an audit as set forth in in Section 9(e) below, the I - audit shall be prepared by an independent certified: public accountant (CPA) with a current N 04 license, in good standing with the Florida State Board of Accountancy, and maintain malpractice insurance covering the audit services provided. if the PROVIDER receives $100,000 or more in grant funding from the County, the CPA must also be a member of the American: Institute of 9 ti CD Certified Public Accountant (AICPA). The County shall be considered an "intended recipient" of said audit. S. PUBLIC ACCESS. The County and PROVIDER 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 PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement u!pon violation of this provision by PROVIDER. (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 and the Florida Department of State as require 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; (e) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150i,000 a year or more; if qualified, include a statement ol' deficiencies with corrective actions reco rn mend ed/ta ken; 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 CPA must have a current license, in good standing with the Florida State Board of Accountancy; b. The CPA must be a member of the American Institute of Certified Publiq Accountant (AICPA); c. The CPA must mainta,in malpractice insurance covering the audit services provided and 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'. Contract-Independeme Cay-FYI 7,* page 2 'S 4EGOIX4K 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, 16. 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, ord�inances, 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 PROVIDE*It. i U i 19. iTiODIFICATIONS 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. 20. ADJUDICATION! OF DISPUTES OR DISAGREEMENTS. County and PROVIDER 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. Contract -Independence Cay-FY17, page 4 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 PROVIDER 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 PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 22. COVENANT OF NO INTEREST. County and PROVIDER 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, E 23. 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 0 U) incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein, Unless expressly provided for therein, such approval sha!ll in no manner or I ­ event be deemed to impose any obligation upon the Board in addition to the total agreed upon N N reimbursement amount for the services of the PROVIDER. Ll� 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and thie acquisition of' any commercial liability insurance coverage, self-insurance coverage, or local government liaibility '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. 25. ATTESTATION& PROVIDER 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. 26. 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. 27. 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 negiligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers, 28. 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 performi�ng 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. Contract -Independence Cay-FY17, page 5 29. 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 personal�ly 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 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. 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 third -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. Rl�-' IMIT, 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 signing any such counterpart. 33. 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: Fqr Board. Grants Administrator and 1100 Simonton Street Key West, FL 33040 For PROVIDER Marjorie Roberts, Executive Director Independence Cay, Inc. 1:669 Overseas Highway PO BOX 500286 Marathon, FL 33050 305-393-6621 PHONE 305-743-6523 FAX P . 0 - Box 10267 Key West, FL 33041 34. 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 appilicable to contracts made and to be performed entirely in the State, In th e event that any cause of action or administrative proceeding is instituted for thg- ,nnforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will Contract -independence Cay-FY1 7: page 6 lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of th,-. terms or a term of this Agreement by or between any of them the issue shall be submitted t* mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept Rnd performed by the PROVIDER shall not be deemed or considered as a continuing waiver and ,,lhall 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. 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, coveriants, conditions E and provisions of this Agreement, shall not be affected thereby; and each remaining term, 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, 0 conditions and provisions of this Agreement would prevent the accomplishment of' the original U) intent of this Agreement, The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the N N stricken provision. N 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. Contract -independence Cay-FYI 7,, page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: AMY HEAVILIN, CLERK Z-B -7XZZ5" Witness IS230= (Federal ID sy Y I Executive Director 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 expense,% associated with Monroe County business. These guidelines, as they relate to travel, are from th; 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 needs to also contain the foto notarized certified statement: "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 source." invoices should be billed to the contracting agency, Third party payments will not be considere for reimbursement. Remember, the expense should be paid prior to requesting a reirribursernel Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any q�uestions regarding thec4 guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are att�.�cied and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. if a Payroll Journal is provided, it shou:ld i'nclude; dates, employee name, salary or hourly rate, total 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 expenses. 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, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract -Independence Cay-FYI 7; page 9 'ref, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meat Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be su;bmitted and will be paid in accordance with Monroe County Code of ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting, a copy of the agenda is needed. Airfare reimbursement requires the originial passenger receipt portion of W the airline ticket. A travel itinerary is aippreciated to facilitate the audit trail. Auto rental E W reimbursement requires the vendor invoice. Fuel pu:rchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure poiint: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is 0 considered a reimbursable travel expense at the destination. Airport parking during a business U) trip is not. N N A detailed list of charges is required on the lodging invoice, Balance due must be zero. Room N must be registered and paid for by traveler. The County will only reimburse the actual room and M related bed tax, Room service, movies, and personal telephone calls are not allowable expenses. 9 CD Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer readin must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airpo for a business trip is not a reimbursable expense. I Meat reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m;. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract -independence Cay-FYI 7, page 10 r-kVI*ITQ-fq-TI 1111111'1111W� Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 f 4 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'XXXm 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 $ XIXXXM (13) 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) IAAM I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Sworn to and subscribed before me this who is personally known to me. day of 20 by IZHrj6-= Contract -Independence Gay -FYI 7; page 11 List the services your agency provides. FTITM SOUP KITCHEN - A nutritious meal for 40-50 people per day, seven days per week. This midday meal consists of a hot entree, fruit, vegetable, dessert and a drink. LAUNDRY - Laundry facilities and soap are available daily. Laundry services are utilized by 8-12 homeless people per day and are also available to the men living in transitional housing. SHOWERS - Shower facilities are available daily along with hygiene items. Showers are utilized by 10-14 people per day. DAY CENTER - Case management needs are identified at transitional housing or the soup kitchen and then addressed through KAIR/Independence Cay volunteers and staff. INCELEMENT WEATHER SHELTER - Night time shelter is available to all who request during severe weather. COMMUNITY GARDEN - The homeless who come to Independence Cay are encouraged to work in the garden which encourages ownership and a sense of accomplishment and the satisfaction of contributing to the soup kitchen. Contract Independence Cay-PY'16; page 12 "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 subm,it 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 liisit." name) noi I have read the above and state that neither (Respond 2ny Affiliate has been pilaced on the convicted ve6 dor)list within the last 36 months. /--7 17V 141 (Signaitur',e) Date: STATE OF: COUNTY OF: D"I Subscribed and sworn to (or affirmed) before me on -- L (date) by known to me or has produced identification. REBECCA - KING Notary Public - State of Florida ida Commission #FF955530 MY Commission Expires January 20, 2020 of affiant). He/She is personally (type of identification) as NOTARYT' EILIC 11-1 1 zpzgm��= Contract -independence Cay-FYI 7, page 13 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA W 2=0 r_11V1ff—KXq-1TF4-TW il . ..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. 010-1990. 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." /� Al v/� '4101 (Sign qfu re. Date: ----- ---- -- T— STATE OF: F�- COUNTY OF: �/61 61�'l "--e- Subscribed and swornaffi to (or rmed) before me on c-to -, Q ,, 3 o L . .. ..... . ... .. (date) by L f-__f S (name of affiant). He/She is personally known tome or has produced (type of identification) as identification. AYP�REBECCA J. KING A Notary otary Pubft - State of Flori�a Commission #FF955530 - my Commission Expires f January 28,2020 - Contract-independence Cay-FY1 7; page 14 r 4,, i .9jillp, 22, 7 'at re v ce 111, M. go, W-0 a .3 = As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by or has roduced -z (name of affiant). He/She is personally known to me ftype of identification) as 17) identification. 17 REBECCA J. KING NOT :it:. Notary Public - State of Florida PUBLI I Commission #FF955530 My Commission Expires My Commission Expires: January 28, 2020 Contract -Independence Cay-FYI 7; page 15 ATTACHMENT G Grant Amount Per Section 9 of your contract, it is required that you fill out the entire for and answer every question. Narrative on the FY1 7 Performance (i.e .._successes. challenges, etch: C Lyestions. - 1. Please list services and client information below for the program/activities funded by the Monroe County award. M ti%in ra" �mjtj �� -N, 'ioki now g "7 ON 77"'777 2. What were the measurable outcomes (including numbers) accomplished in FY17? Please base these outcomes on the services you identified in Question #1. 3. What number and percentage of your clients/participants were at or below the federal poverty level in FY1 7; and/or 200%; and/or another standard used by your organization? 1-- Were all the awarded funds used in FY! 7? If not, please explain. Contrad-Indapendence Gay -FYI 7; page 16 � PRIOR III1II11IIIIII IIIIIIIIIIIIIII III III 111�1111 11111111111111 Pill ''I IIIIIIIiIIII May. M C 1, i 11111111111 1111 Pill! !! '' 1 = 111111111III, IIIIIi! 111ft 4 '1 M1111= 111111111 1 A 't IS Iii 10. What was the CE;O/Executive Director (or highest paid title) compensation in FY17? (Please breakdown between salary and benefits.) your F 11 f I&S 1-orm Val is not yet prepareo, pI 55-EIMMEe Tor FFFTT, 4115, FURS1,01HIL iv�: lbeIr-, you have the final numbers. SORT MEN nOM "goom- -1.1.11MOT11 not! 11 I 16. What percentage of your expenses are program service expenses versus management and genera' expenses in FY17 as reported on your IRS Form 99iO? (erogram service expenses are aerinea as expenses neecet to T7,71-TV-117- general expenses encompass expenses such as fundraising, human resources, salaries of those not working directly with programs, legal services, accounting services, insurance expenses, office management, auditing, and other centralized services.) Contract -Independence Cay-FY17, page 17 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 Keys Area Interdenominational Resources, hereinafter referred: to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of -supportive services for disadvantaged residents, and WHEREAS, it is a legitimate public purpose to provide facilities and services for supportive services for disadvantaged residents in Monroe County, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties of the Board as to providing facilities and services for supportive services for disadvantaged persons living in Monroe County, Florida, shall pay to the PROVIDER the sum of THIRTY THOUSAND AND NO/100 DOLLARS ($30,000,00) for fiscal year 2016-2017. 2. TERM. This Agreement shall commence on October 1, 2016, and terminate September 30, 2017, unless earlier terminated pursuant to other provisions herein. 3�. PAYMENT. 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 below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense ReimbursemenL 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 notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. 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 expens; payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 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 termination, unless otherwise required by law. 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 thi; purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract- KAIR-FYI 7,- page I 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 L2"-# accounted for pursuant to statutory requirements. 7. RECORDS. PROVIDER 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 PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 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 the audit services provided. If the PROVIDER receives $100,000 or more 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 d audit. S. PUBLIC ACCESS. The County and PROVIDER 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 PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to th'. County the following (items A-] must be provided prior to the payment of any invoices): (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 Florid Statute 496.405 and the Florida Department of State as require by Florida Statut 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 eac board member please indicate when elected to serve and the length of term of service; (d) Evidence of annual election of Officers and Directors; (e) Unqualified audited financial statement from the most recent fiscal year for Z organizations that expend $150,000 a year or more; if qualified, include a statement deficiencies with corrective actions recommended/taken; 1. If the PROVIDER receives $100,000 or more in grant funding from the Couni an audit shall be prepared by an independent certified public accountant (CPA) a. The CPA must have a current license, in good standing with the Floric State Board of Accountancyi b. The CPA must be a member of the American Institute of Certified Pubi Accountant (AICPA); c. The CPA must maintain malpractice insurance covering the audit servic( provided and d. The County shall be considered an "intended recipient" of said audit." 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