FY1999 10/21/1998 pour.,,.
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BRANCH OFFICE CLERIC OF THE CIRCUIT COURT
BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA X I1% 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145
FAX(305)289-1795 TEL.(305)292-3550 FAX(305)852-7146
FAX(305)295-3660
MEMORANDUM
TO: Deanna Lloyd
Grants Manager
FROM: Ruth Ann Jantzen, Deputy Clerk Go, .
DATE: January 25, 1999
On October 21, 1998, the Board of County Commissioners
granted approval and authorized execution of Fiscal Year 1999
Youth Club Agreements including Heart of the Keys Recreatios
**Association, Inc. , in the amount of $18, 000. 00.
Enclosed please find a fully executed duplicate original
plus one copy for your handling.
If you have any questions regarding the above, please do not
hesitate to contact this office.
cc: County Attorney
Finance
County Administrator, w/o document
File
AGREEMENT
This Agreement is made and entered into this 2/ day of C2C7-e i4e , 1998,
between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter
referred to as "Board" or "County," and HEART OF THE KEYS RECREATION ASSOCIATION, INC.,
hereinafter referred to as "Provider."
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WHEREAS, the Provider is a not-for-profit corporation established for the pr�isit ofcct ,ifies
for the wholesome development of youths' personal, social, physical, emoti�arlangspifrbal
growth, and r ro o
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WHEREAS, the Provider provides such activities in a wholesome, alcohol-frrke4nd CKugRee
environment for young people of Monroe County, and -'vcn
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WHEREAS, it is a legitimate public purpose to provide facilities and services for recreational
use and social functions of the community in a wholesome environment free from drugs and
alcohol, now, therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as
follows:
1. AMOUNT OF AGREEMENT. The Board, in consideration of the Provider substantially
and satisfactorily performing and carrying out the duties of the Board as to providing facilities and
services for recreational use for young persons living in Monroe County, Florida, shall pay to the
Provider the sum of Eighteen Thousand Dollars )$18,000.00) for fiscal year 1998-99.
2. TERM. This Agreement shall commence on October 1, 1998, and terminate
September 30, 1999, unless earlier terminated pursuant to other provisions herein.
3. PAYMENT. Payment will be paid periodically, but no more frequently than
monthly as hereinafter set forth. Reimbursement requests will be submitted to 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 Florida Statutes
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 cover letter 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 shah not exceed the total amount of $18,000.00 during the term of this
agreement.
4. SCOPE OF SERVICES. The Provider, for the consideration named, covenants
and agrees with the Board to substantially and satisfactorily perform and carry out the duties of the
Board in providing activities in a wholesome environment free from drugs and alcohol to young
persons living in Monroe County, Florida.
5. RECORDS. The Provider shall maintain appropriate records to insure a proper
accounting of all funds and expenditures, and shall provide a clear financial audit frail to allow for
full accountability of funds received from said Board. Access to these records shall be provided
during weekdays, 8 a.m. to 5 p.m., upon request of the Board, the State of Florida, or authorized
agents and representatives of the Board or State.
The Provider shall be responsible for repayment of any and all audit exceptions which are
identified by the Auditor General of the State of Florida, the Clerk of Court for Monroe County, an
independent auditor, or their agents and representatives. In the event of an audit exception, the
current fiscal year contract amount or subsequent fiscal year contract amounts shall be offset by
the amount of the audit exception. In the event this agreement is not renewed or continued in
subsequent years through new or amended contracts, the Provider shall be billed by the Board for
the amount of the audit exception and the Provider shall promptly repay any audit exception.
6. INDEMNIFICATION AND HOLD HARMLESS. The Provider covenants and agrees
to indemnify and hold harmless Monroe County Board of County Commissioners from any and all
claims for bodily injury (including death), personal injury, and property damage (including property
owned by Monroe County) and any other losses, damages, and expenses (including attorney's
fees) which arise out of, in connection with, or by reason of services provided by the Provider
occasioned by the negligence, errors, or other wrongful act or omission of the Provider's
employees, agents, or volunteers.
7. INDEPENDENT CONTRACTOR. At all and for all purposes hereunder, 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.
8. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the
Provider shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the
provision of such services, including those now in effect and hereinafter adopted. Any violation of
said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement
and shall entitle the Board to terminate this contract immediately upon delivery of written notice of
termination to the Provider.
9. COMPLIANCE WITH COUNTY GUIDELINES. The Provider shall comply with the
"Organization, Programs and Policy Guidelines for the Youth Organizations of Monroe County." At
a minimum, the provision requires the Provider to demonstrate and sustain compliance with:
(a) 501(c)(3) Registration;
(b) Board of Directors of seven or more;
_ (c) Annual election of Officers and Director,
(d) Annual provision of annual report to County;
(e) Corporate Bylaws;
(f) Corporate Policies and Procedures Manual;
(g) Hiring policies for all staff;
(h) Cooperate with County monitoring visits; and
(Ij Semi-annual performance reports to be presented to County.
10. PROFESSIONAL RESPONSIBILITY AND LICENSING.The Provider shall assure that all
professionals have current and appropriate professional licenses and professional liability insurance
coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or
federal certification and/or licensure of the Provider's program and staff.
2
11. MODIFICATIONS AND AMENDMENTS. Any and all modifi- cations of the services
and/or reimbursement of services shall be amended by an agreement amendment, which must
be approved in writing by the Board.
12. NO ASSIGNMENT. The Provider shall not assign this agreement except in writing
and with the prior written approval of the Board, which approval shall be subject to such conditions
and provisions as the Board may deem necessary. This agreement shall be incorporated by
reference into any assignment and any assignee shall comply with all of the provisions herein.
Unless expressly provided for therein, such approval shall in no manner or event be deemed to
impose any obligation upon the Board in addition to the total agreed upon reimbursement amount
for the services of the Provider.
13. NON-DISCRIMINATION. The Provider shall not discriminate against any person on
the basis race, creed, color, national origin, sex or sexual orientation, age, physical handicap, or
any other characteristic or aspect which is not job-related in its recruiting, hiring, promoting,
terminating or any other area affecting employment under this agreement. At all times, the
Provider shall comply with all applicable laws and regulations with regard to employing the most
qualified person(s) for positions under this agreement. The Provider shall not discriminate against
any person on the basis of race, creed, color, national origin, sex or sexual orientation, age, physical
handicap, financial status or any characteristic or aspect in its providing of services.
14. AUTHORIZED SIGNATURES. The signatory for the Provider below, certifies and
warrants that:
(a) The Provider's name in this agreement is the full name as designated in its corporate
charter, if a corporation, or the full name under which the Provider is authorized to do business in
the State of Florida.
(b) He or she is empowered to act and contract for the Provider, and
(c) This agreement has been approved by the Board of Directors of the Provider if the
Provider is a corporation.
15. NOTICE. Any notice required or permitted under this agreement shall be in
writing and hand-delivered or mailed, postage pre-paid, by certified mail, return receipt requested,
to the other party as follows:
For Board: Monroe County Attorney and John Carter, OMB Director
310 Fleming Street Public Service Building
Key West, FL 33040 5100 College Road
Key West, FL 33040
For Provider: Rose Stayduhar, Secretary
Heart of the Keys Recreation Association, Inc.
810 33rd Street
Marathon, Florida 33050
3
16. CONSENT TO JURISDICTION. This agreement shall be construed by and
governed under the laws of the State of Florida and venue for any action arising under this
agreement shall be in Monroe County, Florida.
17. NON-WAIVER. Any waiver of any breach of covenants herein contained to be
kept and performed by 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.
17. 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 required by law.
18. 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.
19. 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.
IN WIT 5 WHEREOF, the parties hereto have caused these presents to be executed as of
t4 e,�day and yea ,first written above.
`(SEAL) BOARD OF COUNTY COMMISSIONERS
k1TEST: DANNY L KOLHAGE, CLERK OF MONRO OUNTY, FLORIDA
By ?v`CQ .. .F l Q.v` By `���S�N i.,
DepJufy 61�rk Mayor/Chairman
HEART OF THE KEYS
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/ A RECREATION ASSOCIATION, INC.
)*44CR, Y .bed/ (Federal ID No. 6i.5-O,?9 jr/re/2 )
Witness lll////�
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1?r✓`� I Bye( - 0 �.✓
ONitness Xtlt Executive Director
jconiihecrt-youth
AND
APPROVEDAl ASSUP TnaO F
BY
NNE A. TON
DATE 4
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ATTACHMENT A
Expense Reimbursement Requirements
This document is intended to provide "basic" guidelines to Human Service Organizations, county
travellers, 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,
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 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 Stephanie Griffiths at 305-292-3528.
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
•
If a 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 an:. ;ability 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 payments 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 ix 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 Reimi -trsement of
Travel Expenses. Credit card statements are not acceptable documentation for r .m. irsement.
Airfare reimbursement requires the original passenger receipt portion of the aiuiue ticket. A
travel itinerary is appreciated to facilitate the audit trail.
Auto rental reimbursement requires the original vendor invoice. Fuel purchases should be
documented with original paid receipts.
Original taxi receipts should be provided. However, reasonable fares will he reimh' rsed without
receipts. Taxis are not reimbursed if taken to arrive at a departure point: for ex?.. ole, taking a
taxi from one's residence to the airport for a business trip is not reimbursable_
Original toll receipt, 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 reimbursement requires a detail listing of charges. The original lodging invoice must be
submitted. The County will only reimburse the actual room and related bed tax. Room service,
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.
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
,Vn\\ 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 ones home to the airport for a business trip is not a reimbursable expense.
Data processing, PC time, etc.:
4
The original vendor invoice 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 allowable 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)
SGRIFFITHS
WP5 I\PROCEDUREXP REIM
ATTACHMENT B
HUMAN SERVICE ORGANIZATION LETTERI IEAD
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 Uhlman Service Organization name) for the time
period of to _
Check # Payee Reason Amount
101 A Company rent $xxxx.xx
102 B Company utilities $xxxx.xx
103 D Company phones $xxxx.xx
104 Person A payroll $xxxx.xx
105 Person B payroll $xx <x.xx
(A) Total $XXXX.XX
(B) Total prior'payments $xxxx.xx
(C) Total requested and paid (A + 13) $xxxx.xx
(D) Total contract amount $xxxx.xx
Balance of contract (D - C) ;xxxxxx
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 ocher funding source.
E cutive I irector
•
Attachments (supporting documentation)
a o�pr• coos AYl01 L ORS
Sworn and subscribed before me this i day ofil Aq l 199_I s Qtp{(1�_' a I.
. 1FiraT . m"
Naar Public
�b01 ,61A 1,
Notary Pu Notary Stamp
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY FLORIDA
EllIICS CLAUSE �j
€7.4
iM D a. T reet4 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 t of Ordinance No 10-1990. For breach or violation of this provision the County
InaA. Ill nN discreion. terminate Ibis connacl A vilhoul liabiliiv and may also. in its discretion,
deduct liom 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:_ 1/A/99
STATE OF -riQr Ida
COUNTY OF rNtn toC _--
PERSONAPERSONALLY APPEARED BEFORE MP the undersigned authority,
*rand I r, V 1111' ary who, after first being sworn by me, affixed his/her
signature(name of individual signing) in the space provided above on this 21 day of
JlJIua/ gn
� , 19 /�
NOFAR U LIC
commission expires: Jy7.p q�yhi*pr��
n AIBFII I. owe
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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, litr CATEGORY
TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
F.;;11IBiT C
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORGANIZATION, PROGRAMS AND POLICY GUIDELINES
FOR
THE YOUTH ORGANIZATIONS OF MONROE COUNTY
September 1993
The Monroe County Board of County Commissioners recognizes
the need to provide for wholesome recreational and educational
activities for the youth of Monroe County during their free hours
from school.
The Monroe County Board of County Commissioners therefore is
committed to providing suitable facilities and an annual
apportionment of equitably distributed funds in direct support of
the Board of County Commissioners ' recognized and approved Youth
Organizations of Monroe County .
However , the Monroe County Board of County Commissioners
reserves the privilege of insuring that the organization,
management , programs, policies and procedures of the Youth
Organizations are in keeping with the highest ethical , moral and
social principles .
Therefore , in order to be recognized and supported by the
Board of County Commissioners as an approved Monroe County Youth
Organization, the Organization must demonstrate and sustain
compliance with the following organization, programs and policy
guidelines and philosophy.
]. . The Youth Organization is to be incorporated as a
not-for-profit-organization in compliance with Section
50-1(c ) ( 3 ) of the Internal Revenue Code .
2 . The Youth Organization shall be managed and the
corporate powers exercised by a 7 member (or larger ) Board
of Directors elected by the adult membership of the Youth
Organization.
3 . The Youth Organization Board of Directors shall annually
hold a meeting of the Corporation for the purposes of the
election of the Directors and Officers and the presentation
of an annual report , a copy of which is to be provided to the
County Commission .
ORGANIZATION , PROGRAMS AND POLICY GUIDELINES
FOR
TIlE YOUTH ORGANIZATIONS OF MONROE COUNTY
September 1993
Page Two
4 . The Youth Organization Board of Directors shall develop
and adopt Corporation Bylaws which shall, as a minimpm,
include the following :
A. Purpose of the Corporation
B. General membership composition
C. Board of Directors composition, qualifications ,
powers , tenure , termination, and responsibilities .
D. Officer elections, duties and responsibilities
E. Board supervision of the Program and Administrative
Directors and their duties and responsibilities .
F. Committees , including member appointments ,
programs , personnel, building and grounds , fund
raising, public relations, and finance.
Inc
G . Prohibition of the use of Alcoholic Beverages,
Tobacco Weapons and Drugs.
5 . The Youth Organization Board of Directors shall develop
and adopt a Corporation Policy and Procedures Manual which
shall. include :
A. A Code of Personnel Policies governing employment
conditions in the Youth Organization, including a
grievance procedure to hear appeals of employees
against any violation of Personnel Policies.
B. Procedures for the hiring, disciplining and
dismissal of the Youth Organization employees .
C. A drug , alcohol , and no smoking policy.
D. Pro-employment drug testing.
E. Employee Progressive discipline procedures .
F. Equal Employment. Opportunity provisions .
ORGANIZATION, PROGRAMS AND POLICY GUIDELINES
FOR
THE YOUTH ORGANIZATIONS OF MONROE COUNTY
September 1993
Page Three
G. Acceptable types of recreational and educational
programs .
H. Procedures , staffing and chaperone requirements for
the everyday operation and special events of the
Youth Organization.
6. The Youth Organization Board of Directors shall develop
and adopt hiring policies for all Youth Organization
employees to include the following:
A. Procedures governing the selection and appointment
of the Program and Administrative Directors .
B. Pre-employment background, driver ' s license ,
fingerprint, Child Abuse Registry and
personal/employer reference checks .
C. Pre-employment drug testing .
D. Conditions and terms of employment .
7 . The Youth Organization shall develop and adopt Position
Descriptions and Qualification criteria for all Youth Club
employees . The Program (Youth Organization) Director ' s
qualification criteria shall include:
A. A bachelor ' s degree and a minimum of two years of
supervisory and/or management experience working
with typical youth activity organizations ; or
B. A master ' s level degree can substitute for one year
of the required experience; or
C. Extensive experience with youth activity
organizations in a supervisory or management
capacity may be substituted for the educational
requirements .
8 . Initially, the Youth Organization Board of Directors
shall submit copies of their "Net for Profit" designation,
Corporate By Laws , Policy and Procedure Manual , and employee
position descriptions to the office of the Monroe County
Administrator.
I "
ORGANIZATION, PROGRAMS AND POLICY GUIDELINES
FOR
1 THE YOUTH ORGANIZATIONS OF MONROE COUNTY
September 1993
Page Four
The County Administrator will then in turn report to the
Monroe County Board of County Commissioners as to whether the
Youth Club is in compliance with the Commissions ' guidelines .
Subsequently, the Youth Organization Board of Directors
shall submit copies of all amendments to the above noted
corporate documents for review by the County Administrator.
The County Administrator shall notify the Board of
County Commissioners of any instance or event noted to not be
in compliance with the Commissions ' Organization, Programs
• and Policy Guidelines. Any such non-compliance by any Monroe
County Youth Organization could jeopardize the County
Commissions continued support thereof .
Prepared by
Thomas W. Brown
County Administrator
and
Amended by the Monroe County Board of County Commissioners
September 15, 1993
•