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FY1999 01/13/1999 w,. flannp I. ItoUjage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070 TEL(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145 FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852J146 FAX(305)295-3660 i1E41 D EARDMM TO: Division of Management Services c/o County Administrator Attn: Dee Lloyd, Grants Manager FROM: Isabel C. DeSantis, Deputy Clerk OQ C /9-- DATE: January 15, 1999 As you know, at the January 13, 1999 meeting, the Board granted approval and authorized execution of a Funds Agreement between Monroe County and the Historic Florida Keys Foundation,..Inc. Attached hereto is a duplicate original for forwarding to the Historic Foundation. Should you have any questions concerning the above, please do not hesitate to contact this office. cc: County Attorney Finance File FUNDS AGREEMENT THIS AGREEMENT is made and entered this 13 44 day of Jan v ay 1999, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 5100 College Road, PSB Wing II, Key West, FL 33040, hereinafter referred to as "COUNTY,"and the Historic Florida Keys Foundation Inc., whose address is Old City Hall, 510 Greene Street, Key West, FL 33040,hereinafter referred to as the "HISTORIg o e FOUNDATION." x ?> c �c ^: a m aF-4n 2 WITNESSETH r;. [n o cis x o v A WHEREAS, the COUNTY is in need of an implementing agency to develst j orc atern and promote historic preservation in Monroe County, Florida and surrounding arca m CO v WHEREAS, the HISTORIC FOUNDATION is the sole provider of this program; and WHEREAS, the COUNTY has agreed to disperse funds to the HISTORIC FOUNDATION in accordance with the COUNTY'S budgetary procedures. NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and the HISTORIC FOUNDATION agree as follows: Section I. TERM -The term of this Agreement is from October 1, 1998, through September 30, 1999, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. Section 2. SERVICE- The HISTORIC FOUNDATION will provide services to effectively meet the historic preservation needs in Monroe County, Florida and surrounding areas, specifically to provide property management, inter-governmental assistance, technical preservation services, and public education. Section 3. FUNDS - The total project budget to be expended by the HISTORIC FOUNDATION in performance of the services set forth in Section 2 of this agreement shall not exceed the total sum of$30,000. All funds shall be distributed and expended in accordance with the County's budgetary policies and procedures. Section 4. BILLING AND PAYMENT (a)The HISTORIC FOUNDATION shall render to the COUNTY, at the close of each calendar month, an itemized invoice properly dated, describing the services rendered,the cost of the services, and all other information required by the Finance Director. The original invoice shall be sent to: Monroe County Finance Department 500 Whitehead Street Key West, FL 33040 (b) Payment shall be made after review and approval by the COUNTY within thirty (30) days of receipt of the correct and proper invoice submitted by the HISTORIC FOUNDATION Section 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 HISTORIC FOUNDATION after the HISTORIC FOUNDATION has received notice of termination. In the event there are any unused Funds, the HISTORIC FOUNDATION shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. Section 6. ACCESS TO FINANCIAL RECORDS/RECORDS - The FOUNDATION 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 FOUNDATION shall comply with generally accepted accounting principles in keeping the records of funds received and expended in connection with and pursuant to this agreement. Section 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: FOR PROVIDER: Ms. Deanna Lloyd, Grants Manager Jack London Public Service Building Historic Florida Keys Foundation 5100 College Road 510 Greene Street Key West, FL 33040 Key West, FL 22041 Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. Section 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 FOUNDATION at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the FOUNDATION after the FOUNDATION has received notice of termination. Section 9. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to this Agreement, the FOUNDATION 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 1, Section 3 of the Constitution of • the State of Florida and Article 1 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 FOUNDATION. If the FOUNDATION 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. Section 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. Section 11. EMPLOYEE STATUS - Persons employed by the FOUNDATION in the performance of services and functions pursuant to this Agreement shall have no claim to pension, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the COUNTY's officers and employees either by operation of law or by the COUNTY. Section 12. INDEMNIFICATION -The FOUNDATION 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 FOUNDATION. Section 13. INSURANCE- The FOUNDATION shall, at its expense, maintain fire, extended risk, and liability insurance coverage on all real properties. The extended risk and fire insurance coverage shall be in an amount equal to the full insurable replacement value of any improvements or furniture, fixtures, equipment or furnishings located on these properties. The FOUNDATION shall immediately notify the COUNTY of any erection or removal of any improvement on the real properties and any changes affecting the value of any improvements and shall make adequate changes in the coverage to reflect the changes in value. The liability insurance coverage shall be on a Medical Incident basis in amounts not to exceed $1,000,000/$3,000,000 for personal injuries under such liability policy. The FOUNDATION shall maintain for its staff; during the term of this agreement, liability insurance to cover any and all liability for claims, damages,or injuries to persons or property of whatsoever kind of nature arising out of activities caused by the negligent or wrongful act or omission of these participants, as such terms may be further defined herein or by administrative rule, while acting within the scope of his/her office or employment,pursuant to the provisions and limitations of section 768.28 Florida Statutes. Section 14. 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 SWORN STATEMENT ITNDER ORDINANCE NO. 10-1990 MONROE COUNTY,FLORIDA ETHICS CLAUSE Jack London 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 Ih rm County officer or employee. (signature) ate: Januay /5 / 999 STATE OF Florida COUNTY OF ' Monroe PERSONALLY APPEARED BEFORE ME,the undersigned authority, Fact Lon don who, after first being sworn by me, affixed his/her signature(name of individual signing) in the space provided above on this IS*S day of January , 19 99. nq ) NOT Y PU IC My commission expires: RI;❑i ANN JANTZLN 'C s My Comm Exp. 12130/99 „end�> 19onded By Service Ins OMB - MCP FORM N4 No.CCi06335 _ +, (Lily o,.0 I umvlU . 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, amendment deletions or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed at Key West, Monroe County, Florida, on the day and year first written above. la l BOARD OF COUNTY COMMISSIONERS ATTE$ .,FANNY L.. KOLHAOE, Clerk OF MONROE COUNTY,, FLORIDA By ..0o C. . LS(a/�[Int-c) B �L�•e4..o .-�.1� '_ Y t- Deputy Clerk Mayor/Chairman HISTOR `LORIDA KEYS di FO i ' ON, INC / / Witness Executive Director APPROVED AS TO FORM GAL FFI Oy B BERT N DATE C' 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." 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:. 'lability 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.: d A log of copy expenses as it relates to the County contract is required for rr imbursement. The log must define the date, number of copies made, source document, purpose, 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 Reim% irsement of Travel Expenses. Credit card statements are not acceptable documentation for r .m. rrsement. 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 original vendor invoice. Fuel purr bases should be documented with original paid receipts. Original taxi receipts should be provided. However, reasonable fares will be reimbursed without receipts. Taxis are not reimbursed if taken to arrive at a departure point: for exa:. ole, taking a taxi from one's residence to the airport for a business trip is not reimbursable. • Original toll receipts 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 r \\ odometer reading must be included on the state travel voucher for vicinity travel. A mileage map is attached for reference to allowable miles from various Florida destinations. Mileage is not allowed from a residence or office to a point of departure: for example, driving from one's home to the airport for a business trip is not a reimbursable expense. Data processing, PC time, etc: d 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 W P 51)PROCEDUR\EXP_REIM ATTACHMENT B IIUMAN SERVICE ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, Florida 33040 (Date) The following is a summary of the expenses for (Human Service Organization_name) for the time period of to Check ft 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 $xx,-x.xx 105 Person B payroll $xx cx.xx (A) Total $xxxx.xx (B) Total priorpayments $xxxx.xx (C) Total requested and paid (A+B) $xxxx.xx (D) Total contract amount $xxxx.xx Balance of contract (D - C) Ixxxx.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 organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn and subscribed before me this day of 199 . Notary Public Notary Stamp ATTACHMENT B HUMAN SERVICE ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, Florida 33040 - (Date) The following is a summary of the expenses for (Human Service Organization_name) for the time period of to Check # Payee Reason Amount 101 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 cx.xx (A) Total $xxxx.xx (B) Total prlorfpayments $xxxx.xx (C) Total requested and paid (A+B) $xxxx.xx (D) Total contract amount `nxxxx.xx Balance of contract (D -C) x, 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 Attachments (supporting documentation) Sworn and subscribed before me this_ day of 199_ Notary Public Notary Stamp