Item C17 •
BOARD OF COUNTY COMMISSIONERS
County of Monroe
1 Mayor Sylvia J.Murphy,District 5
- � A Mayor Pro Tern Dann L.Kolha e,District I
The Florida Keys N) ) y y g
r Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
Commissioner David P.Rice
9400 Overseas Hwy., Suite 210 •
Florida Keys Marathon Airport Main Terminal
Marathon, FL 33050
Boccdis4@monroecounty-fl.gov
305-289-6000
Interoffice Memorandum
Date: October 10,2019
To: Kevin Madok, 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 brought before the Monroe County Board of
Commissioners with entities with which I am involved.
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
Guidance Care Center. I am also a member of the Board of the Historic Florida Keys
Foundation,Inc.
At the October 16,2019 BOCC meeting,I abstained from the vote on item(s):
#C1, C15, C17, C18, C20
Copy of agenda item listing from the Revised Agenda for each of the referenced item(s)is included for
documentation.
ATT:• State Form 8B Memorandum of Voting Conflict for County,Municipal,and Other Local Elected
Officers
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,C MMISSION,AUTHORI 0 COMMITTEE
(ZLCE DAVID PA YAVt enonrva-Coo,i- , Ovarl e Comm(ssroo
MAILING ADDRESS THE BOARD,COUNCIL,COMMISr�ION,AUTHORITY OR COMMITTEE ON
9 33 m o C.(!s 1-a I c (-EL Ln • WHICH I SERVE IS A UNIT F: (j
CITY II u COUNTY 0 CITY COUNTY 0 OTHER LOCALAGENCY
(�alra--ko n Ma n rO¢— NAAMME OF POLITICAL SUBDIVISI N:
DATE ON WHICH VOTE OCCURRED ' " '�IT�aQ- �U n
MY POSITION IS:
)iCELECTI E ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a
relative;or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies(CRAs) under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * * * * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF.11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of
-the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST_ / •
I, David P- A(alp , hereby disclose that on 9 /1 i(c ,20 1,
(a)A measure came or will come before my agency which (check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate, • ;
inured to the special gain or loss of my relative,
inured to the special gain or loss of ,by
whom I am retained;or
inured to the special gain or loss of ,which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
aohe measure before my agency and the nature of my conflicting interest in the measure is as follows:
I currently sit on the Board of Directors of the Guidance Care Center,Inc.
I am also a member of the Board of the Historic Florida Keys Foundation, Inc.
SEE ATTACHED AGENDA ITEM SUMMARY
�► � CA- C(s, CA-7
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
D(.'4o1 /2 2D1 /
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88-EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),FA.C.
C.17
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
October 16, 2019
Agenda Item Number: C.17
Agenda Item Summary #6142
BULK ITEM: Yes DEPARTMENT: Budget and Finance
TIME APPROXIMATE: STAFF CONTACT: Janet Gunderson (305) 292-4470
No
AGENDA ITEM WORDING: Approval of Fiscal Year 2020 agreement with Historic Florida
Keys Foundation, Inc., to develop, coordinate, and promote historic preservation in Monroe County,
in the amount of$32,450.00
ITEM BACKGROUND: The Historic Florida Keys Foundation has historically been funded
directly from the BOCC. The funding requested in FY2020 ($32,450)has been the same since 2016.
PREVIOUS RELEVANT BOCC ACTION: The budget for the Historic Florida Keys Foundation
was approved by the BOCC on September 18, 2019 during the adoption of the final Operating
Budget for Fiscal Year 2020.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Contract - Historic Fl Keys Foundation FY2020_FINAL
FINANCIAL IMPACT:
Effective Date: 10/1/2019
Expiration Date: 09/30/2020
Total Dollar Value of Contract: $32,450.00
Total Cost to County: $32,450.00
Current Year Portion: $32,450
Budgeted: Yes
Source of Funds: 001
Packet Pg.481
C.17
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
10/16/19 001-04596 - HISTORIC FL KEYS FOUNDAT $32,450.00
REVIEWED BY:
Tina Boan Completed 09/30/2019 12:18 PM
Christine Limbert Completed 10/01/2019 9:02 AM
Maria Slavik Completed 10/01/2019 9:15 AM
Kathy Peters Completed 10/01/2019 9:55 AM
Board of County Commissioners Pending 10/16/2019 9:00 AM
Packet Pg.482
C.17.a
AGREEMENT
This Agreement is made and entered into this 16th day of October 2019, between the BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or
"County," and Historic Florida Keys Foundation, Inc., hereinafter referred to as "PROVIDER."
WHEREAS, the PROVIDER is a not-for-profit corporation established to develop, coordinate,
and promote historic preservation in Monroe County, Florida, and
WHEREAS, it is a legitimate public purpose to provide facilities and services for the
development, coordination, and promotion of historic preservation in Monroe County, now, therefore,
0
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 2
and satisfactorily performing providing services for the development, coordination, and promotion of
historic preservation in Monroe County, Florida, shall pay to the PROVIDER the sum of THIRTY-TWO
THOUSAND, FOUR HUNDRED FIFTY AND NO/100 DOLLARS ($32,450.00) for fiscal year 2020.
N
2. TERM. This Agreement shall commence on October 1, 2019, and terminate September 30,
2020, 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 M
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. 2
I-
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 0
required by law.
S. 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. Funding under this agreement shall not be used to purchase
capital assets.
RECORDKEEPING
Contract-Historic Florida Keys Foundation-FY20;page 1
Packet Pg.483
C.17.a
6. RECORDS AND RIGHT TO AUDIT. 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. g
Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records (hard copy, as well as computer
readable data if it can be made available; general ledger entries detailing cash and if applicable trade
discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary
by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to
as "County Clerk") to substantiate charges related to this agreement, and all other agreements,
sources of information and matters that may in County's or the County Clerk's reasonable judgment
have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any 2
contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and
subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. Ln
County or County Clerk may also conduct verifications such as, but not limited to, counting employees
at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead
computations, observing vendor and supplier payments, miscellaneous allocations, special charges,
verifying information and amounts through interviews and written confirmations with employees,
Subcontractors, suppliers, and contractor's representatives. The County Clerk possesses the
independent authority to conduct an audit of Records, assets, and activities relating to this Project.
The right to audit provisions survives the termination of expiration of this Agreement. ®I
cv
In addition, if PROVIDER is required to provide an audit as set forth in in Section 8(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.
7. 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.
S. 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 Statute 496.406. 0
(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 statements 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; 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. If the PROVIDER receives $100,000 or more in grant funding from the County:
a. The CPA that prepares the audit must also be a member of the
American Institute of Certified Public Accountants (AICPA);
Contract-Historic Fl.Keys Foundation-FY20,page 2
Packet Pg.484
C.17.a
b. The CPA must maintain malpractice insurance covering the audit
services provided and
c. 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;
(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 g
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.
A
RESPONSIBILITIES
cv
9. 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.
z
10. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any ®I
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.
11. 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.
.2
12. 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 A
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.
0
13. 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.
Contract-Historic Fl.Keys Foundation-FY20,page 3
Packet Pg.485
C.17.a
14. 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.
COMPLIANCE ISSUES
15. 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.
16. 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.
a�
0
17. NON-DISCRIMINATION. The 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. The COUNTY
and 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 VII of the Civil
Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race,
color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended M
(20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section Q
504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on
the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 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, §§ 523 and 527 (42 USC §§ 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 §§ 3601 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 §§ 12101), as
amended from time to time, relating to nondiscrimination in employment on the basis of disability; .
10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, 0
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial
status or age; and 11) 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
4i
18. 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.
19. 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. The PROVIDER and County staff shall try to resolve
the claim or dispute with meet and confer sessions to be commenced within 30 days of the dispute or
claim. 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-Historic Fl.Keys Foundation-FY20,page 4
Packet Pg.486
C.17.a
Any claims or dispute that the parties cannot resolve shall be decided by the Circuit Court, 161" Judicial
Circuit, Monroe County, Florida.
20. 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
0
21. 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.
22. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and 2
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.
23. 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 ®I
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.
r_
24. 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.
25. 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.
a
INDEMNITY ISSUES
26. 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
and causes of action for negligence, 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.
27. 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-Historic Fl.Keys Foundation-FY20,page 5
Packet Pg.487
C.17.a
28. 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.
29. 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 g
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.
30. 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 A
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
31. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of ®I
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.
r_
32. 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:
0
For Board:
Grants Administrator and Monroe County Attorney
1100 Simonton Street PO Box 1026
Key West, FL 33040 Key West, FL 33041 .
For PROVIDER
Diane Silvia, Executive Director
Historic Florida Keys Foundation, Inc.
510 Greene Street
Key West, FL 33040 0
305-292-6718
33. 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-Historic Fl.Keys Foundation-FY20,page 6
Packet Pg.488
C.17.a
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.
34. 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.
35. 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. c�
a�
0
36. CLAIMS FOR FEDERAL OR STATE AID: PROVIDER and COUNTY agree that each shall A
be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Agreement. Any conditions imposed as a result of funding that effect the Scope of Services will
be provided to each party.
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. M
cv
cv
[THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW]
0
U)
I-
0
U
Contract-Historic Fl.Keys Foundation-FY20,page 7
Packet Pg.489
I ------
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of
the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
.2
By.............................................................................................._............................................................................................................. By ............................... ......................................................................
Deputy Clerk Mayor/Chairman
0
U-
U)
Historic Florida Keys Foundation, Inc.
(Federal ID No.
fiE �Eg, -L')
fitness U-
.2
..............
.
B�y
... ................f tness Executive Director
cv
cv
cv
cv
0
U-
U)
.2
I-
.2
0
U
E
Contract-Histork F1 Keys Foundation-FYI&,,page a
M-1-1 M- Ann
C.17.a
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. A
Only current charges will be considered, no previous balances.
cv
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. MI
cv
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
0
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.
U
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-Historic Fl.Keys Foundation-FY20,page 9
Packet Pg.491
C.17.a
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 g
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 c
acceptable documentation for reimbursement. If attending a conference or meeting, a copy of the U
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
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 ®I
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. Q
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.
0
U
Contract-Historic Fl.Keys Foundation-FY20,page 10
Packet Pg.492
C.17.a
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
U)
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 2
105 Employee B P/R ending 05/28/01 XXX.XX
(A) Total X.XXX.XX
N
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX
(D) Total contract amount $ X,XXX.XX z
Balance of contract (D-C) X.XXX.XX ®i
cv
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
0
Attachments (supporting documentation)
U)
TO BE COMPLETED BY NOTARY (in accordance with State notary requirements)
State of 2
a
County of Ln
This instrument was acknowledged before me this day of (month), (year), 0
by (name of officer or agent, title or officer or agent) of
0
(name of entity). U
Personally Known
Produced Identification: Type of ID and Number on ID
(Seal)
Signature of Notary
Name of Notary (Typed, Stamped or Printed)
Notary Public, State of
Contract-Historic Fl.Keys Foundation-FY20;page 11
Packet Pg.493
C.17.a
ATTACHMENT C
Specific description and list of services to be provided under this contract:
Salary for Executive Director to provide:
• Professional Historic Preservation support for the Historic Preservation Commission: Prepare
ads, agendas, minutes, staff reports, resolutions 2
• Travel to Tavernier from Key West
• Postage - Board packets
• Copies
• Grant Administration U)
a
I-
2
cv
cv
i
cv
cv
I-
2
0
U
Contract-Historic Fl.Keys Foundation-FY20,page 12
Packet Pg.494
C.17.a
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 g
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 o
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 stake that neither
� '� (Respondent's name) nor 0
any Affiliate has been placed on the convicted vendor list within the last 36 months. 11:
a
0
(Signature)
Date:
TO BE COMPLETED BY NOTARY (in accordance with Stare notary requirements) ®i
N
State of
County of g
This instrument was acknowledged before me this day of � ��I (month), (year), o
by � " (name of officer or agent, title or officer or agent)
of (name of entity).
Personally Known ca
.2
Produced Identification: Type of ID and Number on ID
0
YP �w ( )
(Seal)
L*;or,:V
MIA CA TILLO o
M COMMISSION#GG214281
EXPIRES June 12,2022 Signature Of Notary
N me of Notary(Typed, Stamped or Printed)
Notary Public, State of I'Lo ad l ,
Contract-Histonc FI Keys Foundation-F112A page 13
Packet Pg.495
C.17.a
ATTACHMENT E
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
0
ETHICS CLAUSE
(Company) U)
"...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 2
employee."
N
(Si nature)
Date: „ n °... n z
i
N
N
TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) LL
0
State of , �w
County of o
U)
This instrument wa s acknowledged before me th9s a�day of (month)„ (year),.
by IIL (name of officer or agent, title or officer or agent) of °
0
w,) (name of entity)w 0
Iersonally Known
Produced Identification Type of ID and Number on IDE � � �
0
U
(Seal)
MIA CA I LL
My
coklmIsSION 4GG214281 Signature of Notary
www
�. ExPIREs tine iz.zozah �
Qame of Notary{Typed, Stamped or Printed)
Notary Public, State of, °-`°�1 2 ..
Contract-Histonc R.Keys Foundation-FY24 page 94
Packet Pg.496
ATTACHMENT F
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business) .2
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 0u_
specifying the actions that will be taken against employees for violations of such prohibition U)
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 :2
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are u_
.2
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 Z:
abide by the terms of the statement and will notify the employer of any conviction of, or plea cv
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 9
who is so convicted. u_
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
u_
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
n .
..............
(Signature)
0
u_
Date: ......... U)
TO BE COMPLETED BY NOTARY (in accordance with State notary requirements)
.2
State of orlid o I-
.2
County of
C
This instrument was acknowledged before me this 60,tiiay of (month), (year).
&N-9-
by
(name of officer or agent, title or officer or agent) of 0
U
"tUal'-Dlj CL' 'Ir- (name of entity). 4j
Pefsonally Known E
Produced Identification: Type of ID and Number on ID
(Seal) 'A on, ILL
MIA CASTILLO Sil tpre 1 10
N co ssl
iy COMM ISSION 0 GG214281
t)2
_S q*rV EXPIRES June 12.2022 Name of Notary(Typed, Stamped or Printed)
Po
Notary Public, State of ...........
Contract-Historic F1 Keys Foundation-FY%0,page 15
Packet Pg.497
C.17.a
ATTACHMENT G
FY2020 Annual Performance Report
(For year October 1, 2019—September 30, 2020)
Agency Name
Pointof Contact (.POC)......................................................................................... ..............................................................................................................................................................................................................................................................................................................................................................................................................................................
Phone/Email
..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................:
Grant Amount
.............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Per Section 8 of your contract, it is required that you fill out the entire form and answer every
question. LL
Narrative on the FY2020 Performance (i.e. successes, challenges, etc.):
cv
cv
i
Questions:
1. Please list services and client information below for the program/activities funded by the Monroe
County award.
M, Wr!!Nll�
U)
I-
0
A
101MM=1 gas�� �=m
2. What were the measurable outcomes (including numbers) accomplished in FY2020? 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
FY2020; and/or 200%; and/or another standard used by your organization?
4. Were all the awarded funds used in FY2020? If not, please explain.
5. What is the number of FTEs working on the program(s) funded by the award in FY2020?
Contract-Historic Fl.Keys Foundation-FY20,page 16
Packet Pg.498
C.17.a
6. Were the awarded funds used as match in FY2020? If so, please list matching sources.
7. What area of Monroe County did you serve in FY2020?
8. How many total FTEs in your organization?
9. Volunteers: hours of program service were contributed by volunteers in FY2020.
0
10. What was the CEO/Executive Director(or highest paid title) compensation in FY2020? (Please _
breakdown between salary and benefits.)
11. What is your organization's fiscal year?
LL
For the following questions, please use the number as reported on your FY2020 IRS Form 990. If
your FY2020 IRS Form 990 is not yet prepared, please provide an estimate for the following
questions.
cv
12. What were your organization's total expenses in FY2020?
13. What was your organization's total revenue in FY2020?
i
cv
14. What was the organization's total in grants and contracts for FY2020?
15. What was the organization's total donations and in-kind (fundraising) in FY2020?
0
16. What ercentage of your expenses are program service expenses' versus management and general _
expenses in FY2020 as reported on your IRS Form 990?
I-
0
U
Pro gramservice expenses are defined as expenses needed to run your programs.
ZManagement and general expenses encompass expenses such as human resources,salaries of those not working directly with
programs, legal services, accounting services, insurance expenses,office management, auditing, and other centralized services.
Contract-Historic Fl.Keys Foundation-FY20,page 17
Packet Pg.499