Item F34
Revised 2/95
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 21,2000
Division: Management Services
Bulk Item: Yes [gj No 0
Department: Grants Administration
AGENDA ITEM WORDING: Approval of the fiscal year 2001 contract with the Big Pine
Athletic Association and transfer of funds to increase amount from $18,000.00 to
$48,000.00.
ITEM BACKGROUND: The Big Pine Athletic Association offers youth services at Blue
Heron Park and Watson Field for residents of the Big Pine Key Area. BOCC approved a
$30,000.00 increase in funding for FY2000, but BPAA was unable to use these extra
funds before the end of the fiscal year.
PREVIOUS RELEVANT BOCC ACTION: Approval of funding increase for FY2000 and
approval of FY2001 amount as part of budget process.
STAFF RECOMMENDATION: Approval
TOTAL COST: 48,000.00
BUDGETED: Yes [gJ No 0
COST TO COUNTY: 48,000.00
REVENUE PRODUCING: Yes 0 No [gJ AMOUNT PER MONTH
YEAR
APPROVED BY:COUNTY ATTY 0 OMB/PU+ RISK MANAGEMENT 0
DIVISION DIRECTOR APPROVAL:
James L. Roberts, County Administrator
DOCUMENTATION: INCLUDED: [gj TO FOllOW: 0 NOT RE~UI?ij'l
DISPOSITION: AGENDA ITEM #:" ~T
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with:Big Pine Athletic Assoc. Effective Date: 1 0/01/00
Expiration Date:9/30/01
Contract Purpose/Description:provides funding for youth programs for children 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: $48,000.00 Current Year Portion: $48,000.00
Budgeted? YeslZl No D Account Codes: 001-03704-530340-
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
Division Director
Date In
0/
#0
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Changes ~
Needed F ~K~~
YesD No.E::r:~~C#--__
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YesD NO@' ~_ Q...c.'l-e.::t.Jo'<'--
YesD No (i l3c.tAjf.v0
YesDNoD
Date Out
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/(/L/4
County Attorney
Comments:
OMB Form Revised 9/11/95 MCP #2
Resolution No.
- 2000
A RESOLUTION CONCERNING THE TRANSFER OF FUNDS
WHEREAS, it is necessary for the Board of County Commissioners of Monroe County,
Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year
2001, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously
set up in the Monroe County Budget for the Fiscal Year 2001 as, hereinafter set forth to
and from the following accounts:
Fund #OOl-General Revenue Fund
Activity #5720-Parks and Recreation
From: 001-5900-85500-590990 Other Uses
Cost Center # 85500-Reserves 001
For the Amount: $30,000.00
To: 001-5720-03704-530340 Contractual Services
Cost Center # 03704-Big Pine Athletic Association
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon
receipt of the above, is hereby authorized and directed to make the necessary changes of
said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 21st day of November, 2000, A.D.
Mayor Freeman
Mayor ProTem Neugent
Commissioner Harvey
Commissioner Williams
Commissioner Reich
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
bigpineathletic 10/26/2000 Page 1
AGREEMENT
BPKAA
This Agreement is made and entered into this day of ,
2000, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
hereinafter referred to as "Board" or "County," and BIG PINE KEY ATHLETIC ASSOCIATION,
INC., hereinafter referred to as "Provider."
WHEREAS, the Provider is a not-for-profit corporation established for the provision of
activities for the wholesome development of youths' personal, social, physical, emotional and
spiritual growth, and
WHEREAS, the Provider provides such activities in a wholesome, alcohol-free and drug-
free environment for young people of Monroe County, and
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 FORTY-EIGHT THOUSAND DOLLARS ($48,000.00)
for fiscal year 2000-2001.
2. TERM This Agreement shall commence on October 1, 2000, and terminate
September 30, 2001, 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 shall not exceed the total amount of $48,000.00 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. Provider shall provide services described in Attachment
C, attached hereto and incorporated herein.
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 trail 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 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.
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
(i) 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.
11. MODIFICATIONS AND AMENDMENTS Any and all modifications 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:
Dave P. Owens, Grants Administrator
Public Service Building
5100 College Road
Key West, FL 33040
and
Monroe County Attorney
PO Box 1026
Key West, FL 33041
For Provider
President
Big Pine Key Athletic Association
P. O. Box 430089
Big Pine Key, Florida 33043
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.
18. 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.
19. 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.
20. 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 WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of 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
BIG PINE KEY ATHLETIC ASSOCIATION
(Federal ID No. )
Witness
By
Witness
jdconbpkaa - youth
President
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.
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, with holdings 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.
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
Attachment C
The Big Pine Key Athletic Association is a SOl (c) (3) non-profit organization that provides
organized sports as well as other activities for youth. The BPAA has served the Lower Keys
community for twenty years by organizing, promoting and providing the facilities, insurance and
equipment for sport teams. Through the efforts of the BPAA, the continuity of sports seasons has
been maintained for the youth, kindergarten through high-school, in this area.
Since 1993, the BPAA has also operated the Blue Heron Park Youth Center on Big Pine Key. The
pUIpose of the youth centeds to provide wholesome recreational activities for youth, SolS years
old, during their free hours from school. The four acre center includes a lighted basketball court,
picnic pavilions, a volleyball court, a clubhouse and an under the house game area. The Blue
Heron Park is open Monday -Friday, 3pm - 6pm, and other times, by appointment. The Park is
staffed by an employee of the BPAA. This payroll is funded in part by a grant from TDC of
Monroe County.
Currently, the BPAA has approximately 300 members. The soccer season is from September-
January and has over 200 participants. Tile Little League teams who play from February _ June
have 300 participants. The swim team competes from April to September and has about 70
participants. A basketball league is in the process of being of established.
The Blue Heron Park is available for community use, e.g. parties. meetings.... by appointment.
Groups that used the Park in 1999 include the Big Cooperative Preschool playgroup. the Big Pine
Science Club, the Boy Scouts and an amateur radio club. The Park was also used by the various
sports activities mentioned above for registration and training of players and coaches.
12-12-1995 9: 18PM
FROM
P,l
09~\4=0~ 12'46 FRO".FIRST STATE BANK
JD.31l152gS2lltla?
PACE 1/2
.
Big Pine Athletic Association
P.O. Box 430089
Big Pine Key, FL 33043
(3Qe) 872-0292
CA!L '1 QU:5I) !.W!..IC.'Z./"-
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f)fUP ,-y- IS now
~ tJ i.n S 1-' nV ~l
Se~ember J4. 2000
Commissicmer Gecnge Neugent
Monroe Count)'
Board of County Commissioners
Distric:t 2
'10
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~~ -----
VIA Fax:
305-&72.9195
Dear Commissioner Neugent:
We recently executed the amendment to our contract with the County to increase our
fuDdiDg by the $30,000 approved by the BOCC in June 2000, Dave Owens. Grants
AdmiDisuator for the County. phoned me yesterday to discuss the use of these funds and
the timin;. He is 1,e11iDg me that because the additional monies were provided for as an
amendment to our 199!).2000 fimding con.traCl, we only have until the md of the fiseal
year (913012000) tl) use the $30,000. Obviously this presents a problem for us. We make
peat efforts .,.cb yeaJ' to work well within our budget aDd allow for unforeseen expenses.
We still have 53,100 of the original $18,000 c;ontract to submit for reimbursement by the
end orabe same fisc;aI )'eaI'. To be able to rcspousibly and productivel)' use the $30.000
additional fundia&. we need III'R time than the cOntract is allowing-
Although the proposal was to provide funding to assist the BPAA in opeming summer
propams for Big l>>mc and the Lower Keys, we could not count on the availability of
these funds wbCD plllDJ1iDs our acdvities 1bis past summer, We began the process in May
with the hiring of ~ with the actual propam SlaniDg JUDe 19.. We made the
decision as a Board that we would fimd.1he procram duougb the monies we bad in
addition to regislr.ltion fees and participation in the WAGES Coalition through Wesley
House. The p:ogram bad. over SO participtmts. waat Oft over 30 field trips and ended on
AUiUSll9*. Although the: BPAA absorbed some of the cost ovemms, we bad anticipated
suth and the prosram was basically self-sufficiCDL
We kDcw we would Dol rcccivc .,. lIlODies in bID for this $UIDJIlCr', 1herefoze we bad
bqpm planuing the use oflbese fUads for an after.~hool propam and to bqin
purr.hesmg ~..-tional equipnent fOJ' use year-round at the Park. We have bind a new
put-nlfte paid employee to wolk a maximum of 30 hours per week serving as a Youth
Dilcctor at 81ue Hean ad AdmiDimative Liaison for aU of tile activities that Call UDder