Item F36
Revised 2/95
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 21,2000
Division: Management Services
Bulk Item: Yes IXI No D
Department: Grants Administration
AGENDA ITEM WORDING: Authorization for the Mayor to execute the fiscal year 2001
contract with the Heart of the Keys Youth Club provide funding for youth activities in the
Keys.
ITEM BACKGROUND: The Heart of the Keys Youth Club is a non-profit organization that
provides activities for young people.
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: 18,000.00
COST TO COUNTY: 18,000.00
REVENUE PRODUCING: Yes D No IXI
BUDGETED: Yes ~ No D
APPROVED BY:COUNTY A TTY D
AMOUNT PER MONTH
t YEAR
/prlRCHASING D RISK MANAGEMENT D
DIVISION DIRECTOR APPROVAL:
James L. Roberts, County Administrator
DOCUMENTATION: INCLUDED: [8] TO FOLLOW: 0 NOT REQ~IRP~ _
DISPOSITION: AGENDA ITEM #: n,"
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with:Heart of the Keys Recreation Effective Date: 10101/00
Expiration Date: 9/3 010 1
Contract Purpose/Description:provides funding for youth programs for children of Monroe
County
Contract Manager:David P. Owens
(Name)
4482
(Ext.)
OMBIGrants
(Department)
for BOCC meeting on 11/21/00
Agenda Deadline: 11/7/00
CONTRACT COSTS
Total Dollar Value of Contract: $18,000.00 Current Year Portion: $18,000.00
Budgeted? YeslZl No 0 Account Codes: 001-03703-530340-
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
Changes
Date In Needed ~----:;r" _ It~~
~ YesDNO!::::J ~-----~~""'J
~CO YesD No~~t]''"- ICA"-~N'--
llliD YesDNo .~~ tJ~
_ YesDNoD
Date Out
Risk Managem.nt
<&ur~ng
County Attorney
t~)~
//--01-~
-' __ ..:.- -:~h:-:--._,-.,
- ,-
Comments: ! -~ .- .
':1 ".,
. -" "r" ""'... .....:..
-' ,--
\ .:.: -..s.- -
. . - -'.
";':"'-1. ... 1'_ '- 'r-c~
--"-:.,.
\ ..'..-"\
. . - - ~- '.'
--, ,'; (
. ,
. ,
"~-l' _ _1-'... . 1 ~ -. --r':='..
OMB Form Revised 9/11/95 Mep #2
., -
....r..... _
._', , ~ .. Ii--
[~,~.__<-d:::..
AGREEMENT
Heart of the Keys Recreation
This Agreement is made and entered into this
2000, between the BOARD OF COUNTY COMMISSIONERS OF
hereinafter referred to as "Board" or "County," and HEART
ASSOCIATION, INC., hereinafter referred to as "Provider."
day of ,
MONROE COUNTY, FLORIDA,
OF THE KEYS RECREATION
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 Eighteen Thousand Dollars ($18,000.00) 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 $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. 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:
Monroe County Attorney
PO Box 1026
Key West, FL 33041
and
David P. Owens, Grants Administrator
Public Service Building
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
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: DANNYL. KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
HE.A.RT OF THE KEYS
RECREATION ASSOCIATION, INC.
(Federal ID No. )
Witness
By
Witness
Secreta ry
jdconheart -youth
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 docurru!nt 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, 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. overnicht 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 orocessina. PC time. etc.
The original vendor invoice is required for reimbursement.
considered reimbursable expenditures unless appropriate
department (see Payroll above) are attached and certified.
Intercompany allocations are not
payroll journals for the charging
The followina 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 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 Oroanization 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