FY2000 10/13/1999
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FUNDS AGREEMENT
THIS AGREEMENT is made and entered this /3#day of ({) CT ,1999, by and
between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 5100
College Road, PSB Wing II. Stock Island, Key West FL 33040, hereinafter referred to as "COUNTY," and
Monroe Council of the Arts Corporation, Inc., whose address is P.O. Box 717, Key West FL 33041,
hereinafter referred to as "MCAC."
WHEREAS, the COUNTY is in need of an implementing agency to develop, coordinate and
promote the arts in Monroe County, Florida and surrounding areas; and
WHEREAS, MCAC is the sole provider of this program; and
WHEREAS, the COUNTY has agreed to disperse Funds to MCAC in accordance with the
COUNTY's budgetary procedures, now therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed:
1. TERM - The term of this Agreement is from October 1, 1999, through September 30,
2000, the date of the signature by the parties notwithstanding, unless earlier terminated as provided
herein.
2. SERVICES - MCAC will provide services to develop, coordinate, and promote the arts
in Monroe County, Florida and surrounding areas, specifically to promote artists, arts and cultural
organizations, stimulate government business and public recognition of the importance of the arts,
to develop funding sources, to encourage participation, to facilitate arts in education, to survey
needs and plan of growth for the arts and to provide cultural opportunities otherwise unavailable.
3. AMOUNT OF AGREEMENT - The Board, in consideration of MCAC substantially
performing the services set forth in Section 2 of the agreement dated October 15, 1997, shall pay to
MCAC the total sum of $45,000, for FYE September 30.. 2000.
4. PAYMENT - Payment will be paid periodically, but no more frequently than monthly as
hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance
Office. The County shall only reimburse, subject to the funded amounts below, those reimbursable
expenses which are reviewed and approved as complying with Fla. Stat. 112.061 and Attachment A -
Expense Reimbursement Requirements. Evidence of payment by the Provider shall be in the form of
a letter, summarizing the expenses, with supporting documentation attached. The letter should
contain a certification statement as well as a notary stamp and signature. An example of a
reimbursement request is included as Attachment B.
After the Clerk of the Board examines and approves the request for reimbursement, the Board
shall reimburse the Provider. However, the total of said reimbursement expense payments in the
aggregate sum shall not exceed the total amount of $45,000.00 during the term of this agreement.
Any purchases of capital equipment under this agreement shall be in accordance with
County's procurement policies and procedures, and all equipment purchased with funding under
this agreement shall be the property of County, pursuant to Ch. 274, Fla. Stat. and shall be returned
to County upon demand.
5. TERMINATION - This Agreement may be terminated by either party at any time, with
or without cause, upon not less than thirty (30) days written notice delivered to the other party. The
COUNTY shall not be obligated to pay for any services provided by MCAC after the MCAC has
received notice of termination. In the event there are any unused Funds, the MCAC shall promptly
refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs.
6. ACCESS TO FINANCIAL RECORDS / RECORDS - The MCAC shall maintain appropriate
financial records concerning funds received under this agreement and such records shall be open
to the public at reasonable times and under reasonable conditions for inspection and examination.
MCAC shall comply with generally accepted accounting principles in keeping the records of funds
received and expended in connection with and pursuant to this agreement.
7. NOTICES - Whenever either party desires to give notice unto the other, it must be
given by written notice, sent by registered United States mail, with return receipt requested, to:
FOR COUNTY:
Deanna Lloyd
Grants Manager
Public Service Building
5100 College Road, Stock Island
Key West, FL 33040
FOR PROVIDER:
Monica Haskell
Monroe Council for the Arts Corp
Public Service Building
5100 College Road, Stock Island
Key West, FL 33040
Either of the parties may change, by written notice as provided above, the addresses or persons for
receipt of notices.
8.
UNAVAilABILITY OF FUNDS
If the COUNTY shall learn that funding cannot be
obtained or cannot be continued at a level sufficient to allow for the services specified herein, this
Agreement may then be terminated immediately, at the option of the COUNTY, by written notice of
termination delivered in person or by mail to the MCAC at its address specified above. The COUNTY
shall not be obligated to pay for any services provided by the MCAC after the MCAC has received
notice of termination.
9. COMPLIANCE WITH lAWS AND REGULATIONS - In providing all services pursuant to this
Agreement, the MCAC shall abide by all statutes, ordinances, rules, and regulations pertaining to, or
regulating the provision of, such services, including those now in effect and hereafter adopted, and
particularly Article I, Section 3 of the Constitution of the State of Florida and Article I of the United
States Constitution, which provide that no revenue of the state or any political subdivision shall be
utilized, directly or indirectly, in aid of any church, sect or religious denomination or in aid of any
sectarian institution. Any violation of said statutes, ordinances, rules, or regulations shall constitute
a material breach of this Agreement immediately upon delivery of written notice of termination to
the MCAC. If the MCAC receives notice of material breach, it will have thirty days in order to cure
the material breach of the contract. If, after thirty (30) days, the breach has not been cured, the
contract will automatically be terminated.
10. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall assign
this Agreement or any interest under this Agreement or subcontract any of its obligations under this
Agreement, without the written consent of the other.
11. EMPLOYEE STATUS - Persons employed by the MCAC in the performance of services
and functions pursuant to this Agreement shall have no claim to pension, worker's compensation,
unemployment compensation, civil service or other employee rights or privileges granted to the
COUNTY's officers and employees either by operation of law or by the COUNTY.
12. INDEMNIFICATION - The MCAC agrees to hold harmless, indemnify, and defend the
COUNTY, its commissioners, officers, employees, and agents against any and all claims, losses,
damages, or lawsuits for damages, arising from, allegedly arising from, or related to the provision of
services hereunder by the MCAC.
13. ENTIRE AGREEMENT
(a) It is understood and agreed that the entire Agreement of the parties is contained herein
and that this Agreement supersedes all oral agreements and negotiations between the parties
relating to the subject matter hereof as well as any previous agreements presently in effect between
the parties relating to the subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement
shall be valid only when expressed in writing and duly signed by the parties.
IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By
Mayor/Chairman
(CORPORATE SEAL)
:~tflp~~f7 ~~.
Secretary /Treasurer
MONROE COUNCIL FOR THE ARTS CORP.
BYW~
President
jconiimcaci
SWORN STATEMENT UNDER ORDINANCE NO. 10- I 990
MONROE COUNTY. FLORIDA
ETHICS CLAUSE
~(;,.t G..A/IA.;:J2 t 1.e k-k warrants that helit has not employed, retained
or othen....ise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance no. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. \ 0-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract 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: 10 j(-g,1 ct i
J
STATE OF
:(POl) J CL
, -111 0/1/1 ~
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
M 1S'r\ l.~ ~O i (
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this ~ day of
r(Jal~
,1921
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My commission expires:
:i:'6' Yvette E. Strickland
~ '6 Commission 11 CC 751299
'!i ,A Expires June 14. 2~02
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OF f\) ATLANTIC BONDING CO.. INC,
OMB - MCP FORM #4
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 consultant under a contract with any
public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of36 months from the date of being placed on the
convicted vendor list."
,
ATIACHMENT A
Expense Reimbursement Requirements
This document is intended to provide "basic" guidelines to Human Service Organizations, coun~y
travellers, and contractual parties who have reimbursable expenses associated with Monroe
County business. These guidelines, as tliey relate to travel, are from Florida Statute 112.061,
which is attached for reference.
A cover letter summarizing the major line items on the reimbursable expense ~equest 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 hi accordance with the level of detail in the contract.
This document should not be considered all-inclusive. The Clerk's Fmance Department reseIVes
the right to review reimbursement requests on an individual basis. Any questions regarding these
guidelines should be directed to Stephanie Griffiths at 305-292-3528.
I
Payroll:
A certified statement verifying the accuracy and authenticity of the payroll expenses.
If a Payroll Journal is provided, it should include:
Payroll Journal dates
employee name, salary, or hourly rate
hours worked during the payroll journal dates
withholdings where appropriate
check number and check amount
Ifa Payroll Journal is not provided the following must be listed:
check number, date, payee, check amount '
support for applicable payroll taxes
Original vendor invoices must be submitted for Worker's Compensation ane :lhbility insurance
coverage~
Telephone expenses:
A user log of pertinent information must be remitted: the party called, the caller, the telephone
number, the date, and the purpose of the call must be identified.
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.
Supplies, services, etc.:
For supplies or services ordered the County requires the original vendor invoice.
Rents, leases, etc.:
.
A copy of the rental agreement or lease is required. Deposits and advance p~,yments will not be
allowable expenses.
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 original vendor invoice must be included.
. -
Reproductions, copies, etc.:
.,
A log of copy expenseS' as it relates to the County contract is required for rr imbursement. The
log must define the date, number of copies made, source document, purpo~.e, and-ecipient. A
reasonable fee for copy expenses will be allowable. For vendor services, the original vendor
invoice is required and a sample of the finished product.
Travel expenses: please refer to Florida Statute 112.061.
Travel expenses must be submitted on a State of Florida Voucher for Reimr 'H-sement of
.. Travel Expenses. Credit card statements are not acceptable documentation for f' ;m. lrsement.
Airfare reimbursement requires the original passenger receipt portion of the airiine Licket. A
travel itinerary is appreciated to facilitate the audit trail.
Auto rental reimbursement requires the original vendor invoice. Fuel purc.hases should be
documented with original paid receipts.
Original taxi receipts should be provided. However, reasonable fares will be reimbl'rsed without
receipts. Taxis are not reimbursed if taken to arrive at a departure point: for eX2,. ole, taking a
taxi from one's residence to the airport for a business trip is not reimbursable.
I
Original toll receipb should be provided. However, reasonable tolls will be reimbursed without
receipts.
Parking is considered a reimbursable travel expense at the destination. Airport parking during a
business trip is not.
,
Lodging reiri1bursement requires a detailllsting of charges. The original lodging invoice must be
submitted. The County will only reimburse the actual room and related bed tax. Room seIVice,
movies, and personal telephone calls (see previous guidelines) are not allowable expenses. Per,
diem lodging expenses may apply. Again, refer to Florida Statute 112.061.
Meal reimbursement is breakfast at $3.00, lunch at $6.00, and dinner at $12.00. Meal guidelines
are that travel must begin prior to 6 am for breakfast reimbursement, before noon and end after
2pm for lunch reimbursement, and before 6pm and end after 8 pm for dinner reimbursement.
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.
Mileage reimbursement is calculated at 20 cents per mile for personal auto mileage while on
county business. Effective October 1, 1994, mileage will be reimbursed at 25 cents per mile. An
odometer reading must be included on the state travel voucher for vicinity travel. A mileage map
is attached for reference to allowable miles from various Florida destinations.
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.
.
Data processing, PC time, etc.:
I
The original vendor irrt'oice is required for reimbursement. Intercompany allocations are not
considered reimbursable expenditures unless appropriate payroll journals for the charging
department (see Payroll above) are attached and certified.
The following expenses are not anowable for reimbursement:
penalties and fines
non-sufficient check charges
fundraising
contributions
capital outlay expenditures (unless specifically included in the contract)
depreciation expenses (unless specifically included in the contract)
SGRlr to rnlS
WP51\PROCEDUR\EXP _REIM
A TT ACHMENT D
HUMAN SERVICE ORGANIZATION LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, Florida 33040
(Date)
The following is a summary of the expenses for (Human Service Organization_name) for the time
period of _ to _ :
Check #
Payee
Reason
Amount
101
102
103
104
105
A Company
B Company
o Company
Person A
Person B
rent
utilities
phones
payroll
payroll
$xxxx.xx
$xxxx. X,(
$xxxx.xx
$xx~"X.xx
$xx <x.xx
(A) Total
(B) Total prior':fpayments
t
(C) Total requested and paid (A + B)
Sxxxx.xx
$xxxx.XX
$xxxx.XX
(D) Total contract amount
('
..!lXXxx.XX
Balance of contract (0 - C)
$XXXX xx
I certify that the above checks have been submitted to the vendors as noted and thut 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 and subscribed before me this _ day of
199_.
Notary Public
Notary stamp