FY2000 12/08/1999
11Bannp I. ~olbagt
BRANCH OFFICE
3117 OVERSEAS IDGHWA Y
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS IDGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
DATE:
February 29,2000
TO:
Monica Haskell, Director
Monroe Council of the Arts Corporation
Pamela G. Hancockk
Deputy Clerk (JJ
FROM:
At the December 8, 1999, Board of County Commissioner's meeting the Board granted
approval and authorized execution of contractual agreement between Monroe County and
Monroe Council of the Arts for services to promote cultural tourism.
Enclosed please find a fully executed duplicate original for your handling. Should you
have any questions, please do not hesitate to contact this office.
Cc: County Administrator wlo document
County Attorney
Finance
File
AGREEMENT
This Agreement is made and entered into this sz/,
day of ~
19ft, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
hereinafter referred to as "Board" or "County", and THE MONROE COUNCIL OF THE ARTS
CORPORATION, hereinafter referred to as "MCAC".
WHEREAS, MCAC has been designated by the Board as the local arts agency; and
contracts for services from the Provider to provide services to promote and to aid in
WHEREAS, the Board and MCAC desire to enter into an agreement wherein the Board
promotion of cultural tourism.
agreed:
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IN CONSIDERATION of the mutual promises and covenants contained herein, it is
1. AMOUNT OF AGREEMENT. The Board, in consideration of the MCAC performing
the services described in paragraph 4, shall pay MCAC from Tourist Development
revenues the total sum for fiscal year 1999/2000 of Fifteen Thousand Dollars
($15,000.00).
2. TERM. This Agreement shall commence on October 1, 1999 and terminate
September 30, 2000 unless earlier terminated pursuant to other provisions
herein,
3, PAYMENT. Payment will be paid periodically, but no more frequently than
monthly as hereinafter set forth. Reimbursement requests will be submitted to
w Sjte Board via the Clerk's Finance Office. The County shall only reimburse,
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;? :~bject to the funded amounts below, those reimbursable expenses which are
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~a::~viewed and approved as complying with Florida Statutes 112.061 and
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>-5La.Attachment A - Expense Reimbursement Requirements. Evidence of payment
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~ ~y MCAC shall be in the form of a letter summarizing the expenses, with
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supporting documentation attached. The letter should contain a certification
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statement as well as a notary stamp and signature. An example of a
reimbursement request cover letter is included as Attachment B,
After the Clerk of the Board examines and approves the request for
reimbursement, the Board shall reimburse MCAC. However, the total of said
reimbursement expense payments in the aggregate sum shall not exceed the
total amount of $15,000.00 during the term of this agreement,
4. SCOPE OF SERVICES. MCAC, for the consideration named, covenants and
agrees with the Board that the Community Outreach Coordinator will gather,
manage and distribute information from individual local artists, festivals,
museums, special events and historical organizations, as well as local, state and
national cultural organizations, offering visibility, market opportunities, exchange
of ideas and scheduling information; edit a quarterly newsletter; update the
Artist Registry bimonthly; publish and distribute web site information weekly on
www.kevsarts.ora: and place cultural calendar listings in local media and hotels.
5. RECORDS. The Provider shall maintain appropriate records to ensure a proper
accounting of all funds and expenditures and shall provide a clear financial audit
trail to allow for full accountability of funds received from said Board. Access to
these records shall be provided during weekdays, 8 a.m. to 5 p.m., upon request
of the Board, the State of Florida, or authorized agents and representatives of
the Board or State.
MCAC shall be responsible for repayment of any and all audit exceptions
which are identified by the Auditor General of the State of Florida, the Clerk of
Court for Monroe County, an independent auditor, or their agents and
representatives. In the event of an audit exception, the current fiscal year
contract amount or subsequent fiscal year contract amounts shall be offset by
the amount of the audit exception. In the event this agreement is not renewed
or continued in subsequent years through new or amended contracts, the
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Provider shall be billed by the Board for the amount of the audit exception and
the Provider shall promptly repay any audit exception.
6. INDEMNIFICATION AND HOLD HARMLESS. MCAC covenants and agrees to
indemnify and hold harmless Monroe County Board of County Commissioners
from any and all claims for bodily injury (including death), personal injury, and
property damage (including property owned by Monroe County) and any other
losses, damages and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of services provided by the Provider occasioned by
the negligence, errors, or other wrongful act or omission of the Provider's
employees, agents, or volunteers.
7. INDEPENDENT CONTRACTOR. At all and for all purposes hereunder, MCAC is an
independent contractor and not an employee of the Board. No statement
contained in this agreement shall be construed so as to find the Provider or any
of its employees, contractors, servants or agents to be employees of the Board,
8. COMPLIANCE WITH LAW. In providing all services pursuant to this Agreement,
the Provider shall abide by all statutes, ordinances, rules and regulations
pertaining to or regulating the provision of such services, including those now in
effect and hereinafter adopted. Any violation of said statutes, ordinances, rules
and regulations shall constitute a material breach of this agreement and shall
entitle the Board to terminate this contract immediately upon delivery of written
notice of termination to the Provider.
9. COMPLIANCE WITH COUNTY GUIDELINES. The Provider demonstrate and
sustain compliance with:
(a) SOl(c)(3) Registration;
(b) Board of Directors of seven or more;
(c) Annual election of Officers and Director;
(d) Annual provision of annual report to County;
(e) Corporate Bylaws;
(f) Corporate Policies and Procedures Manual;
(g) Hiring policies for all staff;
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(h) Cooperate with County monitoring visits; and
(i) Semi-annual performance reports to be presented to County.
10. 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.
11. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the service
and/or reimbursement of services shall be amended by an agreement
amendment, which must be approved in writing by the Board.
12. NO ASSIGNMENT, The Provider shall not assign this Agreement except in writing
and with the prior written approval of the Board, which approval shall be subject
to such conditions and provisions as the Board may deem necessary. This
Agreement shall be incorporated by reference into 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.
13.NON-DISCRIMINATION. The Provider shall not discriminate against any person
on the basis of race, creed, color, national origin, sex or sexual orientation, age,
physical handicap, or any other characteristic or aspect which is not job-related in
its recruiting, hiring, promoting, terminating or any other area affecting
employment under this Agreement. At all times, the Provider shall comply with
all applicable laws and regulations with regard to employing the most qualified
person(s) for positions under this Agreement. The Provider shall not discriminate
against any person on the basis of race, creed, color, national origin, sex or
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sexual orientation, age, physical handicap, financial status or any characteristic
or aspect in its providing of services.
14. AUTHORIZED SIGNATURES. The signatory for MCAC below certifies and warrants
that:
(a) The Monroe Council of the Arts Corporation's name in this Agreement is the
full name as designated in its corporate charter, if a corporation, or the full
name under which the Provider is authorized to do business in the State of
Florida.
(b) He or she is empowered to act and contract for the Provider; and
(c) This Agreement has been approved by the Board of Directors of the Provider
if the Provider is a corporation.
15. NOTICE. Any notice required or permitted under this Agreement shall be in
writing and hand-delivered or mailed, postage prepaid, by certified mail, return
receipt requested, to the other party as follows:
For Board:
Monroe County Administrator
5100 College Road
Key West, FL 33040
For MCAC:
Executive Director, MCAC
5100 College Road
Key West, FL 33040
Director, Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
16.CONSENT TO JURISDICTION. This Agreement shall be construed by and
governed under the laws of the State of Florida and venue for any action arising
under this Agreement shall be in Monroe County, Florida.
17,NON-WAIVER, Any waiver of any breach of covenants herein contained to be
kept and performed by MCAC shall not be deemed or considered as a continuing
waiver and shall not operate to bar or prevent the Board from declaring a
forfeiture for any succeeding breach, either of the same conditions or covenants
or otherwise.
18.AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at
a level sufficient to allow for continued reimbursement of expenditures for
services speCified herein, this Agreement may be terminated immediately at the
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option of the Board by written notice of termination delivered to MCAC. The
Board shall not be obligated to pay for any services or goods provided by MCAC
after the Provider has received written notice of termination, unless otherwise
required by law,
19.PURCHASE OF PROPERTY. All property, whether real or personal, purchased with
funds provided under this Agreement shall become the property of Monroe
County and shall be accounted for pursuant to statutory requirements,
20.ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the
parties herein 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.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
ed as of the day and year first written above.
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BOARD OF COUNTY COMMISSIONERS
OFM ECO N~~
By:
MayorjCh rman
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Title: ~~\it.~~
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Witness
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ATTACHMENT A
EXPENSE REIMBURSEMENT REQUIREMENTS
This document is intended to provide "basic" guidelines to Human Service Organizations, coun~y
travelers, and contractual parties who have reimbursable expenses associated with Monroe
County business, These guidelines, as they relate to travel, are from Florida Statute 112,061.
A cover letter summarizing the major line items on the reimbursable expense request should also
contain a certified statement such as:
I certify 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,
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. Intercompany 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 payroll taxes
· Check number and check amount
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 detail list of charges is required on the lodging invoice, Balance 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,
Meal reimbursement is: breakfast at $3,00, lunch at $6,00, and dinner at $12.00. 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.
Mileage reimbursement is calculated at ,29 cents per mile for personal auto mileage while on
County business, 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 form one's home to the airport for a business trip is not a reimbursable expense,
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
Revised 9/99
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as it relates 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 it relates 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 is
required and a sample of the finished product.
Supplies, Services, etc.
For supplies or services ordered vendor invoice.
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 Expenses
Travel expenses must be submitted on a State of Florida "Voucher for Reimbursement of Travel
Expenses", Travel must be submitted in accordance with Florida Statute 112,061, Credit card
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statements are Rot 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.
HUMAN SERVICE ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
ATTACHMENT B
The following is a summary of the expenses for (Human Service Organization name) for the time
period of 05/01/99 to 05/31/99,
Check # Payee Reason
101 Realty Co. May rent
102 Electric Co, May utilities
103 Phone Co. May phones
104 John Doe P/R ending 05/14/99
105 John Doe P/R ending OS/28/99
(A) Total
(B) Total prior payments $ 4,500.00
(C) Total requested and paid (A + B) $ 7,900,00
(D) Total contract amount $15,000,00
Balance of contract (D-C)
Amount
$ 1,500,00
250,00
50,00
800,00
800.00
$ 3.400,00
$ 7.100.00
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 and subscribed before me the _ day of 1999/2000.
Notary Public Notary Stamp