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Item F33 Revised 2/95 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 21, 2000 Division: Management Services Bulk Item: Yes [8] No 0 Department: Grants Administration AGENDA ITEM WORDING: Authorization for the Mayor to execute the fiscal year 2001 contract with the Monroe Council of the Arts to provide funding. ITEM BACKGROUND: The Monroe Council of the Arts provides services to develop, coordinate, and promote the arts in Monroe County. The promotion of individual artists, the arts, and cultural organizations stimulates government, business, and public recognition of the importance of the arts in our community. 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: 45,000.00 BUDGETED: Yes [8] No 0 COST TO COUNTY: 45,000.00 REVENUE PRODUCING: Yes 0 No [8] AMOUNT PER MONTH YEAR APPROVED BY:COUNTY ATTY D OMBIP~tffirNG D RISK MANAGEMENT D DIVISION DIRECTOR APPROVAL: ~--?~ James L. Roberts, County Administrator DOCUMENTATION: INCLUDED: [8] TO FOllOW: 0 NOT RE~UIR~;J;I.., DISPOSITION: AGENDA ITEM #:.tr ~ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with:Monroe County Arts Council Effective Date: 1 % 1/00 Expiration Date:9/30/01 Contract Purpose/Description:Provides funding for services which develop, coordinate, and promote the arts in 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: $45,000.00 Current Year Portion: $45,000.00 Budgeted? YeslZl No D Account Codes: 001-03502-530340- 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 Date In Needed ~ ----RevtewdJ Division Director ';11_ YesDN~ --=-L~ Risk Management IQb \ \00 Y esD NO~ C\ - L\,-,-t''''-- Y-"t~-1,s'J'------ ~1tmg lillD YeSDNO~ /J6~ County Attorney i u('2-,*' 00 YesD NoD /~ Q,fteu.~./ Date Out ~;;.:; ~ \ (.'\ -s \\0(, /I~/O"J I tJ (z c/ c.)1) Comments: OMB Form Revised 9/11/95 MCP #2 FUNDS AGREEMENT MCAC THIS AGREEMENT is made and entered this day of , 2000 by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 5100 College Road, PSB Wing II, Stock Island, Key West, FL 33040, hereinafter referred to as "COUNTY," and Monroe Council for the Arts Corporation, Inc., whose address is P.O. Box 717, Key West, FL 33040, hereinafter referred to as "MCAC." WHEREAS, the COUNTY is in need of an implementing agency to develop, coordinate and promote the arts in Monroe County, Florida and surrounding areas; and WHEREAS, MCAC is the sole provider of this program; and WHEREAS, the COUNTY has agreed to disburse Funds to MCAC in accordance with the COUNTY's budgetary procedures, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed: 1. TERM. The term of this Agreement is from October 1, 2000, through September 30, 2001, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES. MCAC will provide services to develop, coordinate, and promote the arts in Monroe County, Florida and surrounding areas, specifically to promote artists, arts and cultural organizations, stimulate government, business and public recognition of the importance of the arts, to develop funding sources, to encourage participation, to facilitate arts in education, to survey needs and plan of growth for the arts and to provide cultural opportunities otherwise unavailable. 3. AMOUNT OF AGREEMENT. The Board, in consideration of MCAC substantially performing the services set forth above, shall pay to MCAC the total of $45,000 for FYE September 30, 2001. 4. PAYMENT. Payment will be paid periodically, but no more frequently than monthly as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The County shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Fla. Stat. 112.061 and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the Provider shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a certification statement as well as a notary stamp and signature. An example of a reimbursement request is included as Attachment B. 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 of $45,000.00 during the term of this agreement. Any purchases of capital equipment under this agreement shall be in accordance with County's procurement policies and procedures, and all equipment purchased with funding under this agreement shall be the property of County, pursuant to Ch. 274, Fla. Stat. and shall be returned to County upon demand. 5. TERMINATION. This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered to the other party. The COUNTY shall not be obligated to pay for any services provided by MCAC after the MCAC has received notice of termination. In the event there are any unused Funds, the MCAC shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. 6. ACCESS TO FINANCIAL RECORDS/RECORDS. The MCAC 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. MCAC shall comply with generally accepted accounting principles in keeping the records of funds received and expended in connection with and pursuant to this agreement. 7. NOTICES. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, and sent to: FOR COUNTY: David P. Owens, Grants Administrator Public Service Building 5100 College Road, Stock Island Key West, FL 33040 FOR PROVIDER: Monica Haskell Monroe Council for the Arts Corp Public Service Building 5100 College Road, Stock Island Key West, FL 33040 Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. 8. UNAVAILABILITY OF FUNDS. If the COUNTY shall learn that funding cannot be obtained or cannot be continued at a level sufficient to allow for the services specified herein, this Agreement may then be terminated immediately, at the option of the COUNTY, by written notice of termination delivered in person or by mail to the MCAC at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the MCAC after the MCAC has received notice of termination. 9. COMPLIANCE WITH LAWS AND REGULATIONS. In providing all services pursuant to this Agreement, the MCAC shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provision of, such services, including those now in effect and hereafter adopted, and particularly Article I, Section 3 of the Constitution of the State of Florida and Article I of the United States Constitution, which provide that no revenue of the state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect or religious denomination or in aid of any sectarian institution. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to the MCAC. If the MCAC receives notice of material breach, it will have thirty days in order to cure the material breach of the contract. If, after thirty (30) days, the breach has not been cured, the contract will automatically be terminated. 10. ASSIGNMENTS AND SUBCONTRACTING. Neither party to this Agreement shall assign this Agreement or any interest under this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other. 11. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, MCAC is an independent contractor and not an employee of the County. No statement contained in this agreement shall be construed so as to find the MCAC or any of its employees, contractors, volunteers, servants or agents to be employees of the County. 12. INDEMNIFICATION. The MCAC 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 MCAC. 13. ENTIRE AGREEMENT (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be 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. (SEAL) ATTEST: DANNY L. KOLHAGE, Clerk BOARD Of COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman MONROE COUNCIL FOR THE ARTS CORP. By Secreta ry /Treasu rer President jdconmcac 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 docurrlent 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 contract 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 Contri butions Capital outlay expenditures (unless specifically included in the contract) Depreciation expenses (unless specifically included in the contract) ATTACHMENT B HUMAN SERVICE ORGANIZATION LElTERHEAD 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 # Payee 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