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FY2004 10/15/2003 Clerk of 1IIe Circuh coun Danny L. Kolhage Office (305) 292-3550 Fax (305) 295-3663 Memnrandum To: Dave Owen, Grants Management Isabel C. DeSantis, . .tJ Deputy Clerk ~ From: Date: Friday, October 31, 2003 At the BoCC meeting on October 15, 2003, the following was approved: Fiscal Year 2004 Funds Agreement between Monroe County and the Historic Florida Keys Foundation, Inc. to provide funding, in the amount of $30,000. Fiscal Year 2004 Funds Agreement between Monroe County and the Monroe Council of the Arts Corporation, d/bla/ Florida Keys Council of the Arts to provide ../ funding, in the amount of $45,000. Guidance Clinic of the Upper Keys, Inc. provides funding to perform mental health services such as counseling in Monroe County, in the amount of$91,935.00. American Red Cross of Greater Miami and the Keys to provide direct services to the citizens of Monroe County, such as disaster assistance, emergency communications, and health and safety training, in the amount of $24,724.00. Attached hereto are fully executed duplicate originals of the subject documents for your handling. Should you have any questions concerning this matter, please do not hesitate to contact this office. cc: County Attorney Finance File FUNDS AGREEMENT THIS AGREEMENT is made and entered this I~ day of C!:t:;.{tj~ ,2003 by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, 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, 2003, through September 30, 2004, 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 N0j100 DOLLARS ($45,000.00) for the fiscal year beginning October 1, 2003 and ending September 30, 2004. 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 Gato Building 1100 Simonton Street Key West, FL 33040 FOR PROVIDER: Monica Haskell, President Monroe Council of the Arts Corp. 1100 Simonton Street 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. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be aff-i.x.~c:rctl"er:e.to by the proper officers thereof for the purposes herein expressed at Key West, c;,~Monroe CoUnfy"florida, on the day and year first written above. (SEAL) . ATTEST: DANNYl,.; KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LPJd >n ~ . BShaldc AfJth~ Deputy Clerk By Mayor/Chairman MONROE COUNCIL OF THE ARTS CORPORATION By Jtt~l!-t { C:c c::: o <..) w ~ ~ u.. o w -' b. 0"\ o N x: 0... ~ ld J :.:J L... <C . _ ::::1-'>- -,(,,)1- o .x :JC9:::;) . (,,)0 M -'.(,,) >-::'::'1&.1 t- %~O (..) :z:- 0:::: o 4 Z C""'t Q C c::::> T' c;;:::o ~ MONROE COUNTY ATTORNEY ~ UZA N ,UTTON Dati; ASSISTANT1,li:f/r/TTORNEY 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: \\1 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 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. 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 2003 by who is personally known to me. Notary Public Notary Stamp SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSEMSt\('O't Cf;wv\ ~ 11\.t Ac-+> c.-r-f' b8AYlodc:k ~ ~ Uv ,,'J ~ i\< ~ warrants that he/it has not employed, retained or otherwise 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. 10-1990. 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. ~U<< (signature) Date: 10 - t - 0 3 COUNTY OF ~>~ STATE OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, //JIP.A/ /L"~ ~.l~ who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this -;;7-- day of ~~~-/ ,20kU .. _~~ ,/ ~~~ ~. ~4-'P~ NOTARY PUBLIC My commission expires: OMB - MCP FORM #4 ~,,"UII~ PATRICIA C. ERICKSON ~~~ MY COMMISSION # DD08~73 "'-tOFlI.II" EXPIRES: January 29, 2006 1-800-3-NOT ARY FL NoI"'Y Service & Bonding, Inc 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 of 36 months from the date of being placed on the convicted vendor list."