FY2002 10/17/2001
FUNDS AGREEMENT
THIS AGREEMENT is made and entered this / 1i1. day of (JJ (" ~ . , 2001
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, d/b/a Florida Keys Council of the Arts,
whose address is P.O. Box 717, Key West, FL 33040, hereinafter referred to as "COUNCIL."
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, THE COUNCIL is the sole provider of this program; and
WHEREAS, the COUNTY has agreed to disburse Funds to the COUNCIL 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, 2001, through September 30,
2002, the date of the signature by the parties notwithstanding, unless earlier terminated as
provided herein.
2. SERVICES. The COUNCIL 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 the COUNCIL substantially
performing the services set forth above, shall pay to the COUNCIL the total of FORTY-FIVE
THOUSAND AND NO/100 ($45,000.00) for the fiscal year beginning October 1, 2001 and ending
September 30, 2002.
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. The
organization's final invoice must be received within sixty days after the termination date of this
contract shown in Article 2 above.
After the Clerk of the Board 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 3, above, 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 the COUNCIL after the
COUNCIL has received notice of termination. In the event there are any unused Funds, the
COUNCIL shall promptly refund those funds to the COUNTY or otherwise use such funds as the
COUNTY directs.
6. ACCESS TO FINANCIAL RECORDS/RECORDS. The COUNCIL 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. The COUNCIL 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, and
sent to:
FOR COUNTY:
David P. Owens, Grants Administrator
Public Service Building
5100 College Road, Stock Island
Key West, FL 33040
FOR PROVIDER:
Monica Haskell, President
Monroe Council of 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 COUNCIL at its address specified above. The
COUNTY shall not be obligated to pay for any services provided by the COUNCIL after the
COUNCIL has received notice of termination.
9. COMPLIANCE WITH LAWS AND REGULATIONS. In providing all services pursuant
to this Agreement, the COUNCIL 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 COUNCIL. If the COUNCIL 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. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the
COUNCIL is an independent contractor and not an employee of the County. No statement
contained in this agreement shall be construed so as to find the COUNCIL or any of its employees,
contractors, volunteers, servants or agents to be employees of the County.
12. INDEMNIFICATION. The COUNCIL 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 COUNCIL.
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.
-
MONROE COUNCIL OF THE ARTS CORPORATION
By
~U'~
. President
BY
DATE
ATTACHMENT A
EXPENSE REIMBURSEMENT REQUIREMENTS
This document is intended to provide basic guidelines to Human Service Organizations, county
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 needs to
also contain a notarized 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. 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 payroll taxes, check number and check amount. If a
Payroll Journal is not provided, the following information must be provided: check amount, check
number, date, payee, support for applicable 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.
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
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
tri p 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.
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
rei m bu rsement.
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.
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 OS/28/01 XXX.XX
(A) Total $ X.XXX.XX
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX
(D) Total contract amount $ X,XXX.XX
Balance of contract (D-C) $ X.XXX.XX
I certify that the above checks have been submitted to the vendors as noted and that
the expenses are accurate and in agreement with the records of this organization.
Furthermore, these expenses are in compliance with this organizations_ contract with the
Monroe County Board of County Commissioners and will not be submitted for
reimbursement to any other funding source.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this _ day of 2001
by who is personally known to me.
Notary Public
Notary Stamp