Item C30Revised 2/95
BOARD OF COUNTY COMMISSIONERS
Meeting Date: 02/21/01
Bulk Item: Yes ® No ❑
AGENDA ITEM SUMMARY
Division: Administrative Services
Department: Grants
AGENDA ITEM WORDING: Approval of amendments to contract with Literacy
Volunteers of America, Monroe County, correcting amount from $10,732.00 to
$9,232.00.
ITEM BACKGROUND: Correction necessary due to staff error in amount.
PREVIOUS RELEVANT BOCC ACTION: Approval of original FY01 contract at
November 2000 BOCC meeting.
STAFF RECOMMENDATION: Approval
TOTAL COST: $9,232.00
COST TO COUNTY: 9,232.00
REVENUE PRODUCING: Yes ❑ No
BUDGETED: Yes ® No ❑
AMOUNT PER MONTH
YEAR
APPROVED BY: COUNTY ATTY [][ /O1 (PURCHASING ❑RISK MANAGEMENTU 4 ( .
DIVISION DIRECTOR APPROVA - -�
DOCUMENTATION: INCLUDED: ® TO FOLLOW: ❑ NOT REQUIRED: ❑
DISPOSITION:
AGENDA ITEM #:
L
�.�
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Literacy Volunteers Effective Date: 10/01/00
Expiration Date: 9/30/01
Contract Purpose/Description: Amendment to contract for FY01 correcting error in amount from
$10,732.00 to $9,232.00.
Contract Manager: David P. Owens
(Name)
for BOCC meeting on 02/21/01
4482 OMB/Grants Mgt.
(Ext.) (Department)
Deadline: 02/07/01
CONTRACT COSTS
Total Dollar Value of Contract: $9,232.00 Current Year Portion: $9,232.00
Budgeted? Yes X No Account Codes: 001-03206-530340
Grant: $0.00
County Match: $0.00
ADDITIONAL COSTS
Estimated Ongoing Costs: $0.00 For:
(Not included in dollar value above) (eg. Maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director Yes❑ NoE—
Risk Manag ent Z ( Yes❑ No�G< < �L—
t
O.M:�3./Pur h g Yes Nooe-
County Attorney j Yes❑ No2' -�
Comments:
OMB Form Revised 9/11/95 MCP #2
Date Out
CONTRACT AMENDMENT
This amendment to agreement is made and entered into this day of
, 2001, between the BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, hereinafter referred to as "COUNTY" andLiteracy Volunteers of
America, Monroe County, hereinafter referred to as "PROVIDER."
WHEREAS, COUNTY and PROVIDER entered into an agreement on November 21,
2000 for the purpose of providing literacy training;
IN CONSIDERATION of the mutual promises and covenants contained herein, it is
agreed as follows:
1. Article 1 of the agreement shall be amended to read:
AMOUNT OF AGREEMENT. The COUNTY, in consideration of the PROVIDER
substantially and satisfactorily performing and carrying out the duties of the Board as to
rendering services to the citizens of Monroe County, Florida in matters of education and
reading skill development in regard to adult literacy in Monroe County, shall pay to the
PROVIDER the sum of NINE THOUSAND TWO HUNDRED THIRTY TWO DOLLARS
($9,232.00) for fiscal year 2000-2001.
2. Article 3, paragraph 2 of the agreement shall be amended to read:
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 $9,232.00 during
the term of this agreement.
3. All other provisions of the agreement dated November 21, 2000 not inconsistent
herewith shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
as of the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By
a
Deputy Clerk
Mayor/Chairman
LITERACY VOLUNTEERS OF AMERICA,
MONROE COUNTY
Federal ID No.
Witness
By
Witness Executive Director
APPROVED AS TO FORM
AND GAL SUFFI E Y,
ZAN A. UTTON
DATE t
AGREEMENT
Literacy Volunteers
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 LITERACY VOLUNTEERS OF AMERICA - MONROE COUNTY,
INC:, hereinafter referred to as "Provider."
WHEREAS, the Board and the Provider desire to enter into an agreement wherein the
Board contracts for services from the Provider to provide education and reading skill development
to support adult literacy to meet such needs for the citizens of Monroe County, Florida, and
WHEREAS, such services have been provided by the Provider in the past and have been
invaluable to the citizens of Monroe County, and
WHEREAS, the Board recognizes the public purpose to be met by an agreement for
services to be rendered in fiscal year 2000-2001, 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
rendering services to the citizens of Monroe County, Florida, in matters of education and reading
skill development in regard to adult literacy in Monroe County, shall pay to the Provider the sum
of TEN THOUSAND SEVEN HUNDRED THIRTY-TWO DOLLARS ($10,732.00) 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 ($10,732.00) 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 education and reading skill development for adults in Monroe County, Florida.
Said services shall include, but are not limited to, those services described in Provider's Details of
Specific Program for Which Funding is Requested, attached hereto as Exhibit C and incorporated
herein.
S. RECORDS. The Provider shall maintain appropriate records to insure a proper
accounting of ail 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 wrongfu -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.
S. 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 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
2
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: Louis LaTorre, Social Services Director
Monroe County Attorney and Public Service Building
PO Box 1026 5100 College Road
Key West, FL 33040 Key West, FL 33040
For Provider:
Literacy Volunteers of America -
Monroe County, Inc.
812 Southard Street - Bldg. #3
Key West, Florida 33040
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.
E
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
By
Deputy Clerk
Witness
Witness
jdconiteracy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
LITERACY VOLUNTEERS OF AMERICA -
MONROE COUNTY, INC.
(Federal ID No. )
By
Title
APPROVED AS TO FORM
4ND LEGAL SUFFICI
B � ANNE . HU
N
C►
. Tf
4
ATTACHMENT A
Expense Reimbursement Requirements
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, 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.
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.
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.
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 conies. 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 Expenses: 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 Drocessing 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 following 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
time period of to
Check * Payee
for (Human Service Organization name) for the
Reason
Amoun
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
1 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:
)dconhsoex
utilize volunteers as tutors, testers, coordinators and office helpers. Volunteer tutors
receive a nationwide 18 hour certification in either or both the Basic READ
program and/or ESL (English as a Second Language) program. In addition,100
RELY reading volunteers were certified in the RELY reading program, helping
over 100 children improve reading skills. RELY volunteers contributed 3,600
additional volunteer hours.
15) Grievance Procedure: We have never had the need for one.
16) Duplications. We are the only adult literacy provider in Monroe County with
no duplication of services. We network with children's literacy programs like
Outreach Coalition's homeless children's literacy, sharing referrals for adult
one-to-one and small group literacy training with no duplication of services. We
network with and share referrals with many agencies covered under the human
service umbrella and agencies like Key West Housing Authority's Safeport where
there are many non-readers, and, Salvation Army which sends us "condition of
probation" non-readers. We are a member of the Florida Literacy Coalition and
this year formed new partnerships with Monroe County Adult Education's for the
Even Start Family Literacy program.
17) Agency Monitoring: We are monitored by two outside agencies. We must
provide information which is submitted jointly by Monroe County Schools to the
Florida Department of Education. Literacy Volunteers of America - our national
parent organization - also requires a detailed annual report.
18) In Kind Services: Monroe County Schools gives us rent in -kind, a $8,400 value.
19) Other Expenses: Fundraising Expenses: 0%. Administrative Expenses: 5%.
20) See Form B Agency Salary Detail Form
21 Details Of Specific Program For Which Funding Is Requested: Our literacy
gram provides free, confidential, one-to-one tutoring in basic reading, writing
and conversational English to any adult who wants or needs our help. Our Basic
READ component targets Monroe County adults who read and write at the grade 0
to grade 5.5 level. Our ESL or English as a Second Language program teaches
conversational English as well as reading and writing to adults who have no English
or limited English proficiency.
22-23) Needs/ProblemvTarget Population%Supporting Documentation: The target
population served are undereducated adults in Monroe County with 0-9 years of
schooling (4,661) and high school dropouts (8,634). This total of 13,293 (27% of
Monroe County's adult population) is targeted by our Basic READ component. In
addition,10,334 (21% of Monroe County adults) do not speak English in the home