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Item F32 Revised 2/95 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 21,2000 Division: Management Services Bulk Item: Yes [8J No 0 Department: Grants Administration AGENDA ITEM WORDING: Authorization for the Mayor to execute the fiscal year 2001 contract with the Historic Florida Keys Foundation, Inc. to provide funding. ITEM BACKGROUND: The Historic Florida Keys Foundation, Inc. assumed the mission of the Historic Florida Keys Preservation Board in July 1997. The Foundation provides property management, inter-governmental assistance, technical preservation services, and public education to effectively meet the historic preservation needs in Monroe County. PREVIOUS RELEVANT BOCC ACTION: Approval of the funding amounts as part of FY2001 budget process and funding in previous budget years.. STAFF RECOMMENDATION: Approval TOTAL COST: 30,000.00 BUDGETED: Yes [8J No 0 COST TO COUNTY: 30,000.00 REVENUE PRODUCING: Yes 0 No [8J AMOUNT PER MONTH YEAR APPROVED BY:COUNTY ATTY 0 O~~SING D RISK MANAGEMENT 0 DIVISION DIRECTOR APPROVAL: ~~~"'--' James L. Roberts, County Adliiinistrator DOCUMENTATION: INCLUDED: [8J TO FOllOW: 0 NOT REQ~:~~~ DISPOSITION: AGENDA ITEM #: ~O" MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with:Historic Florida Keys Effective Date: 1 % 1/00 Foundation Expiration Date:9/30/01 Contract Purpose/Description:provides funding for services which include property management, inter-governmental assistance, technical preservation services, and public education to meet the historic preservation needs of Monroe County. Contract Manager:David P. Owens (Name) 4482 (Ext. ) OMB/Grants (Department) for BOCC meeting on 11/21/00 Agenda Deadline: 11/7/00 CONTRACT COSTS Total Dollar Value of Contract: $30,000.00 Current Year Portion: $30,000.00 Budgeted? YeslZl No D Account Codes: 001-03503-530340- Grant: $0.00 County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes ,2?1 YeNsDeedNeod~~ ~~- Division Director 0 ~ ~ Risk Manam-e~t t I 02- "0 Y esD No~l. L.)~ R.-k.~."i'- ~~g ll1:@ YeSDNO~k j) A~ County Attorney 't?.\ 7~1 CO YesD NoD ~ C'~~ Date Out ~ ~Q~' //-~A-OO lJilijjOi> Comments: OMB Form Revised 9/11/95 MCP #2 FUNDS AGREEMENT Historic Foundation THIS AGREEMENT is entered into this day of , 2000, by and between Monroe County, a political subdivision of the State of Florida, whose address is Public Service Building, 5100 College Road, Key West, FL 33040 (County), and HISTORIC FLORIDA KEYS FOUNDATION, INC., a Florida corporation whose address is Old City Hall, 510 Greene Street, Key West, FL 33040 (FOUNDATION). WHEREAS, pursuant to Resolution No. 531-1999, the COUNTY entered into a Memorandum of Agreement on November 17, 1999, with FOUNDATION to develop, coordinate, and promote historic preservation in Monroe County, Florida and surrounding areas; and WHEREAS, the COUNTY has agreed to disburse funds to the 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 FOUNDATION agree as follows: 1. TERM. The term of this Agreement is from October 1, 2000 through September 30, 2001, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICE. The 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, as more particularly described in the Memorandum of Agreement, effective as of November 17, 1999, incorporated herein by reference. 3. FUNDS. The total project budget to be expended by the FOUNDATION in performance of the services set forth in Section 2 of this Agreement shall not exceed the total sum of THIRTY THOUSAND DOLLARS ($30,000.00). All funds shall be distributed and expended in accordance with the County's budgetary policies and procedures. 4. BILLING AND PAYMENT. (a) The 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 for the correct and proper invoice submitted by the FOUNDATION. (c) The total of all payments for the term of this agreement shall not exceed THIRTY THOUSAND DOLLARS ($30,000.00) 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 FOUNDATION after the FOUNDATION has received notice of termination. In the event there are any unused Funds, the FOUNDATION shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. 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 ag reement. 7. NOTICES. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered U. S. Mail, return receipt requested, and sent to: For County Dave P. Owens, Grants Administrator Public Service Building 5100 College Road Key West, FL 33040 For Provider Jack London Historic Florida Keys Foundation 510 Greene Street Key West, FL 33040 Either of the parties may change by written notice as provided above, the addresses or persons for receipt of notices. 8. UNAVAILABILITY OF FUNDS. If the COUNTY shall learn that funding cannot be obtained or cannot be continued at a level sufficient to allow for the services specified herein, this agreement may be terminated immediately at the option of the COUNTY by written notice of termination delivered to the FOUNDATION as specified above. The COUNTY shall not be obligated to pay for any services or goods provided by the FOUNDATION after the FOUNDATION has received written notice of termination, unless otherwise required by law. 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 hereinafter adopted, and particularly Article 1, Section 3 of the Constitution of the State of Florida and Article 1 of the US 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 statues, 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 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 days, the breach has not been cured, the contract will automatically be terminated. 10. ASSIGNMENTS AND SUBCONTRACTING. Neither party to this Agreement shall assign this Agreement or any interest under this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other. 11. EMPLOYEE STATUS. Persons employed by the FOUNDATION in the performance of services and functions pursuant to this Agreement shall have no claim to pension, workers' 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. FOUNDATION is an independent contractor at all times and for all purposes hereunder. No statement made in this Agreement shall be construed so as to find FOUNDATION or any of its employees, contractors, volunteers, agents or servants to be employees of COUNTY. 12. INDEMNIFICATION. The FOUNDATION agrees to indemnify, hold harmless, 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. 13. INSURANCE. The FOUNDATION shall insure that fire, extended risk, and liability insurance coverage shall be maintained on all real properties under its management. 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, FS. 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 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 hereto have set their hands and seals the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Mayor/Cha irperson Deputy Clerk (SEAL) ATTEST: HISTORIC FLORIDA KEYS FOUNDATION, INC. By Title By Title jdconfundhistoric "".TF ATTACHMENT A Exoense Reimbursement Reauirements This document is intended to provide "basic" guidelines to Human Service Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from FS 112.061, which is attached for reference. A cover letter summarizing the major line items on the reimbursable expense request 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 expenses should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305/292-3528. Pavroll 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 and Liability insurance coverage. Teleohone Exoenses 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. Suoolies. 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. Postaae. overniaht deliveries. courier. etc. A log of all postage expenses as it relates to the County contra.ct is required for reimbursement. For overnight or express deliveries, the original vendor invoice must be included. Reoroductions. cooies. etc. A log of copy expenses as it relates 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 original vendor invoice is required and a sample of the finished product. Travel Exoenses: Please refer to Florida Statute 112.061. Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Credit card statements are not acceptable documentation for reimbursement. 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 purchases 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 example, 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 detailed 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 6:00 a.m. for breakfast reimbursement, before noon and end after 2:00 p.m. for lunch reimbursement, and before 6:00 p.m. and after 8:00 p.m. for dinner reimbursement. Mileage reimbursement is calculated at 29 cents per mile for personal auto mileage while on county business. An odometer reading must be included on the state travel voucher for vicinity travel. A mileage map is available 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 orocessino. PC time. etc. 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 followino 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) 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 Oraanization name) for the time period of to Check # Pavee Reason Amount 101 A Company Rent $xxxx.xx 102 B Company Utilities $xxxx.xx 103 D Company Phone $xxxx.xx 104 Person A Payroll $xxxx.xx 105 Person B Payroll $xxxx.xx (A) Total $xxxx.xx ------- ------- (B) Total prior payments $xxxx.xx (C) Total requested and paid (A + B) $xxxx.xx (D) Total contract amount $xxxx.xx Balance of contract (D - C) $xxxx.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 Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) STATE OF FLORIDA COUNTY OF MONROE SWORN TO AND SUBSCRIBED before me this _ day of , 200_ by (Event Contact Person) who is personally known to me presented as identification: Notary Public, State of Florida at Large My Commission Expires: Jdconhsoex