Item C37
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 20. 2002
Bulk Item: Yes C8J No 0
Division: Administrative Services
Department: Grants Administration
AGENDA ITEM WORDING: Approval of amendment to contract with Monroe County
Education Foundation to allow match committments from Monroe County Education
Foundation and Monroe Youth Challenqe. instead of match commitment from Monroe
County School District.
ITEM BACKGROUND: Fundinq recommendation of Human Services Advisory Board
(HSAB) at its meetinq of June 26. 2001 required commitment of an equivalent amount
of fundinq from the School District. The HSAB. however. could not anticipate the
budqet difficulties the School District would encounter due to state cutbacks. At its
March 4.2002 meetinq. the HSAB discussed this chanqe to the contract with the
Monroe County Education Foundation. and voted unanimously to recommend this
amendment. Contract amount will remain at $13.500.00: funds raised and committed by
Education Foundation and Youth Challenqe will be used in lieu of School Board
commitment.
PREVIOUS RELEVANT BOCC ACTION: Approval of oriqinal contract on October 17.
2001.
CONTRACT/AGREEMENT CHANGES: Chanqes to wordinq of section one.
"MATCHING FUNDS."
STAFF RECOMMENDATION: Approval
TOTAL COST: $27.000.00
COST TO COUNTY: $13.500.00
REVENUE PRODUCING: Yes 0 No C8J
BUDGETED: Yes 0 No C8J
AMOUNT PER MONTH
YEAR
APPROVED BY: COUNTY A TTY 0 OMB/PURCHASING 0 RISK MANAGEMENT 0
DIVISION DIRECTOR APPROVAL:':-..\a ~ ~
j James L. Roberts
DOCUMENTATION: INCLUDED: C8J TO FOLLOW: 0 NOT REQUIRED: 0
DISPOSITION:
AGENDA ITEM #:
CJ?
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
...
.
CONTRACT SUMMARY
Contract with: Monroe County Education
Foundation
Effective Date: 10/1101
Expiration Date: 9/30/02
Contract Purpose/Description: Approval of amendment to section one, "Matching Funds."
Contract Manager: David P. Owens
(Name)
4482
(Ext. )
OMB/Grants Mgt.
(Department)
for BOCC meeting on 3120/02
Agenda Deadline: 3/6/02
CONTRACT COSTS
Total Dollar Value of Contract: $13,500.00 Current Year Portion: $13,500.00
Budgeted? Yes XX No Account Codes: 001-03006-530340
Grant: $0.00
County Match: $0.00
Estimated Ongoing Costs: $0.00
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. Maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
County Attorney
Changes Date Out
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Division Director
Risk Management
O.M.B./Purchasing
Comments:
OMB Form Revised 9/11/95 MCP #2
CONTRACT AMENDMENT
This amendment to agreement is made and entered into this day of
, 2002, between the BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, hereinafter referred to as "COUNTY" and Monroe County
Education Foundation, hereinafter referred to as "PROVIDER."
WHEREAS, COUNTY and PROVIDER entered into an agreement on October 17,2001 to
provide the Monroe Youth Challenge Program Monroe to County residents, and
WHEREAS, Section One requires matching funds from the Monroe County School
District, and
WHEREAS, the School District, because of unanticipated cutbacks at the State level, is
now unable to provide matching funds, and
WHEREAS, the Monroe County Education Foundation has pledged five thousand dollars
($5,000.00) and the Monroe Youth Challenge has raised and pledged nine thousand dollars
($9,000.00), now therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is
agreed as follows:
1. Section One, Matching Funds paragraph of the agreement shall be amended to
read:
MATCHING FUNDS The amoun~ of agreement is contingent upon an equivalent amount
of funding being provided from the Monroe Youth Challenge Program and PROVIDER. The
amount of money provided under this 'agreement, up to the amount specified in paragraph 1,
shall not exceed the amount funded by the Monroe Youth Challenge Program and the
PROVIDER. PROVIDER shall provide to County documentation as to the amount committed by
the Monroe Youth Challenge Program and the PROVIDER before funds will be paid under this
contract. If the funding to be provided by the Monroe Youth Challenge Program and the
PROVIDER is less than the amount specified in paragraph 1, then PROVIDER will execute an
amendment to this agreement reflecting the decrease in funding under this agreement or the
County may declare a breach and terminate this agreement.
2. All other provisions of the agreement dated October 17, 2001 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)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
MONROE COUNTY EDUCATION FOUNDATION, INC.
Federal ID No.
Witness
Witness
By
Executive Director
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December 28
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Mr. Dayid Owensi
CountY: ofMonr~
~t~s. ~dministr~on
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Dear . Owens~! . . .
. -." . .
i
I am writing you bn behalf of the Monroe Education Foundation. the Monroe Youth
Challeltge and the Monroe County district Schools relative to the full application of
matchipg grant ~ds for the Monroe Youth Challenge as represented by Mrs. Judy
1""...--...:....". !
U1~~. !
,
~ you know M~. Greenman has been the driving personal force being the Monroe
Youth!Challenge~initiative, also known as Challenge Day. During the budgeting cycle
the BOCC !Ja.w fi~ to award a matching grant of $13,500.00 to the Youth Challeoge with
lhe ~cat that tb~ school district find the match. Although this did not fit our budget
pl3l1Ilirlg calen~, which is earlier than that of the BOCe, due to the fact that our fiscal
year i$ July 1 - JUne 30, 1 had envisioned a successful match up until September 11,
2001. : Yon are f\illy aware of the cuts from state operating funds tor schools within the
currerit fiscal year of 51,300,000.00 as the Monroe County School13oard's share of the
state rollback. Due to this our ability to fund the basic mission objectives of the school
board:are at risk.~and I cannot divert operating dollars towards this match. However, our
partner and supPort fOW1.dation, the Monroe County Education Foundation is pledging
55,000.00 and we have received private business contributions far The Monroe Youth
Chlll1~ge at the $9,000.00 level to replace the non-existent operating dollars from the
school district b~get.
I
. .
I sec:~ your wis~om and guidance on how to continue at this time.
Draft copy - not yet approved by Human Services Advisory Board
MONROE COUNTY HUMAN SERVICES ADVISORY BOARD
MINUTES OF MEETING HELD ON
March 4, 2002
Conference Room
Monroe County Public Library
9:30 AM
Marathon, FL
Board Members Present:
Alexsandra Leto
Kirk Bondurant
Tricia Hynes
Sylvia Murphy
Staff present:
David Owens
Board Member Absent:
None (one position is currently vacant)
At approximately 9:35 AM, Chair Alexsandra Leto noted the existence of a quorum and called the
meeting to order. Human Services Advisory Board members introduced themselves.
Kirk Bondurant made a motion, seconded by Tricia Hynes, to approve the minutes of the June 26, 200 I
meeting. Motion passed unanimously.
Dave Owens began discussion of a letter from Monroe County School Board Superintendent Michael
Lannon concerning matching funds for the Monroe Youth Challenge program. The HSAB, at its June
2001 meeting, imposed a requirement that the School Board provide funding in an amount equal to that
provided by the County. Dave Owens pointed out that, at the time of the HSAB June 2001 meeting, we
had no way of anticipating the funding difficulties the School Board would later encounter. The letter
from Mr. Lannon said that the Youth Challenge had raised $9,000.00 and the Education Foundation had
raised $5,000.00 to match the County funds. Board members agreed that this would comply with the
spirit of the matching requirement of the HSAB. After a lengthy discussion by the Board members, Kirk
Bondurant made a motion to recommend an amendment to the contract with the Monroe County
Education Foundation to allow these matching funds instead of matching funds from the School Board.
Tricia Hynes nominated Alexsandra Leto as chairperson for the coming year, seconded by Kirk
Bondurant, and the vote was unanimous in favor.
Tricia Hynes nominated Kirk Bondurant as Vice-Chairperson, seconded by Sylvia Murphy, and the vote
was unanimous in favor.
Tricia Hynes nominated Sylvia Murphy as Secretary, seconded by Kirk Bondurant, and the vote was
unanimous in favor.
A discussion of the recommendations of the Human Services Review Committee, which met several
times between July 2001 and January 2002, took place. Funding guidelines and categories were
discussed at length.
The Board briefly discussed the Sheriff's Shared Asset Forfeiture Fund (SAFF) and its method of
funding non-profit organizations. Alexsandra Leto, also a member of the SAFF Board, described the
process and focus of the SAFF. Dave Owens mentioned that he had attended the most recent SAFF
meeting, along with Keith Douglass, who represented the Human Service Review Committee. Dave
pointed out that the hope of the Human Service Review Committee was that the SAFF and the HSAB
Draft copy - not yet approved by Human Services Advisory Board
would complement each other, with the SAFF being able to more readily fund "start-up" and smaller
organizations.
The application process and upcoming meeting at which funding recommendations will be made were
discussed. The members agreed to limit discussion by organizations to three minutes each, with
questions from the Board if necessary, in addition to the three minutes.
The Board took a short break at 10:50 A.M. and re-convened at 11: 15 A.M.
The Board reviewed the application form and discussed changes to it based on the recommendations of
the Human Service Review Committee. Several changes, deletions, and additions were agreed upon.
Ways to accommodate organizations requesting funding for more than one program were discussed, and
Dave Owens suggested that those organizations would need to provide descriptions of each program, and
budget information for each, but only one application.
The Board discussed which organizations would go to the Board of County Commissioners directly for
funding, and which ones would go to the HSAB. Dave Owens agreed to get clarification on Habitat for
Humanity and Rural Health Network.
Dates were tentatively set for the following items:
Make applications available to organizations - middle of March 2002.
Applications due - middle of April (to be set by staff).
Meeting to decide upon funding recommendations - May 21,22, or 23,2002.
Dave Owens agreed to check availability of meeting rooms for the May meeting, choose a date, and
advise Board members. He added that applications should be ready within about a week, around March
8th or 11 th, and the due date would most likely be April 19, 2001.
There being no further business to discuss, the meeting was adjourned at approximately 1: 10 PM.
Approved by Human Services Advisory Board 3/4/02
MONROE COUNTY HUMAN SERVICES ADVISORY BOARD
MINUTES OF MEETING HELD ON
June 26, 2001
Conference Room
Monroe County Public Library
9:00 AM
Marathon, FL
Board Members Present:
John Rolli
Alexsandra Leto
Tricia Hynes
Kirk Bondurant
Staff present:
David Owens
Louis LaTorre
Board Member Absent:
None (one position is currently vacant)
At approximately 9: lOAM, Chair Alexsandra Leto noted the existence of a quorum and called the
meeting to order. Human Services Advisory Board members introduced themselves.
John Rolli made a motion, seconded by Kirk Bondurant, to approve the minutes of the May 2, 200 I
meeting. Motion passed unanimously.
John Rolli said that the Board should discuss and arrive at a strategy to follow regarding its funding
recommendations, since the total requested.far exceeded the amount available. Alexsandra Leto asked
for suggestions from Board members. John Rolli discussed the direction given by the Board of County
Commissioners and suggested that the Board consider each applicant's request, vote on an amount to
recommend for each, and then apply a percentage reduction to each to bring the total down to the limit of
$289,194.00 imposed by the Commission. John Rolli made a motion to this effect, seconded by Kirk
Bondurant, which was approved unanimously.
Louis LaTorre arrived at approximately 9: 17 AM.
John Rolli discussed new agencies and the difficulties involved in evaluating them because of the lack of
a financial audit, client history, and so on. John Rolli made a motion, seconded by Tricia Hynes, to deny
Rodriguez Home Away from Home, Red Ribbon Kids, and Womankind funding due to lack of history
without regard to merit of their programs. Discussion followed regarding the requirement of 501(c)(3)
status. Louis LaTorre discussed proper licensing and 501(c)(3) status. John Rolli discussed the value of
more track record in evaluating applicants, noting that this does not exist with new agencies. Kirk
Bondurant mentioned the need of the new programs for the funding. Alexsandra Leto questioned
Rodriguez Home Away from Home and Red Ribbon Kids regarding their 50 1 (c)(3) status. Dottie
Rodriguez, on behalf of Home Away from Home, and Anthony Swain, on behalf of Red Ribbon Kids,
responded. John Rolli amended his motion so that it would deny funding only to Rodriguez Home Away
from Home; Tricia Hynes amended her second, and the motion passed unanimously.
Alexsandra Leto discussed the application of Red Ribbon Kids. Louis LaTorre mentioned the lack of a
Department of Children and Families license at this time. Rita Swain addressed the Board regarding the
need for their program. John Rolli noted that Red Ribbon Kids was not sufficiently developed at this
time and moved to deny funding to them. The motion was seconded by Tricia Hynes, and passed 3 _ 1,
with Kirk Bondurant dissenting. Alexsandra Leto briefly discussed licensing and other requirements
with representatives of Red Ribbon Kids.
Approved by Human Services Advisory Board 3/4/02
Representatives of and student participants in Monroe Youth Challenge addressed the Board at great
length regarding their program and its benefits. They summarized activities to-date of the program. Judy
Greenman responded to questions of the Board. John Rolli asked about funding by the Monroe County
School Board. Judy Greenman replied that there had been cuts in School Board funding. Louis LaTorre
addressed the issue of Monroe Youth Challenge and its lack of 501(c)(3) status, noting that the Monroe
County Education Foundation, which was mentioned on the application, had 50 I (c)(3) status, but the
Monroe Youth Challenge did not. Alexsandra Leto replied that the Education Foundation had completed
and signed the application, so it was not a problem if Monroe Youth Challenge did not have 501(c)(3)
status. Tricia Hynes mentioned the benefits of a similar Youth Challenge program in a community in
which she had previously lived. John Rolli made a motion, seconded by Tricia Hynes, to approve up to
$20,000.00 in funding to Monroe Youth Challenge, contingent to an equivalent amount of funding being
given to Monroe Youth Challenge by the Monroe County School Board, and subject to later
proportionate reduction to meet the Commission's total funding limit. Added to the motion and second
was the stipulation that, if the Youth Challenge did not obtain the required funding, that the funds will be
proportionately distributed among the other organizations that received funding. Discussion followed,
and the motion was approved unanimously.
The application of Samuel's House was discussed next. John Rolli noted much improvement in the
format and contents of their application. John Rolli made a motion, seconded by Kirk Bondurant, to fund
Samuel's House in the amount of $25,000.00, subject to later proportionate reduction to meet the
Commission's total funding limit. Motion passed unanimously.
Rene Grier, representing Womankind, addressed the Board, answering questions regarding the purpose
of the funding and the need for the program.. David Owens and Louis LaTorre mentioned that this
funding typically was not used for the purchase of equipment, because of inventory and possession
issues. John Rolli addressed the lack of an audit and IRS Form 990. Tricia Hynes made a motion,
seconded by Kirk Bondurant, to approve funding in the amount of$12,750.00 (reflecting a decrease of
the equipment purchase amount), subject to later proportionate reduction to meet the Commission's total
funding limit.
Sylvia Ann Godfrey, representing Florida Keys Juvenile Services, addressed the Board and responded to
numerous questions from the Board and Staff related to information in her application and an addendum
to her application which had been given to Board members just prior to the meeting. David Owens
mentioned that the County occupational license noted that it was for a retail business. Louis LaTorre
commented regarding the lack of licenses and questioned Ms. Godfrey about services provided, client
counts, referrals, working arrangements with other agencies, and so on. Ms. Godfrey mentioned that she
had removed funding for Island Home from her request. John Rolli made a motion, which failed for lack
of a second, to fund Florida Keys Juvenile Services in the amount of $10,000.00. David Owens noted
that of the remaining programs for which funding was requested (Fishing for Food, Self-Defense, and
used clothing distribution), two seemed to be more recreational than human service-related. Tricia Hynes
questioned Ms. Godfrey regarding program-related expenses for the programs, used clothing in
particular, and the expenses related to each. Ms. Godfrey described expenses related to the used clothing
program, such as laundering them, and picking up and delivering them. David Owens questioned lease
expenses, saying that most of the activities of these programs would seem to take place off-premise.
Tricia Hynes made a motion, seconded by Kirk Bondurant, to fund Florida Keys Juvenile Services in the
amount of $5,000.00, subject to later proportionate reduction to meet the Commission's total funding
limit. Motion passed unanimously. David Owens and Louis LaTorre voiced their objections to this
funding, and repeated their concerns.
Bert Loudenslager, representing Habitat for Humanity, addressed the Board. She described the program
and the services it provides, and answered questions from the Board concerning the area served, which is
Approved by Human Services Advisory Board 3/4/02
primarily the lower keys. She assured the Board of their commitment to assist all areas of the Keys in the
event of an emergency. John Rolli discussed the lack of an audit by a CPA, and discussed the work done
by Habitat for Humanity, noting that affordable housing was a priority for the County Commission. John
Rolli moved to fund Habitat for Humanity in the amount of $40,000.00, subject to later proportionate
reduction to meet the Commission's total funding limit, and requested a CPA audit and a commitment of
services keys-wide in a disaster. Ms. Loudenslager agreed to these conditions, and agreed to match in
community outreach the amount ultimately awarded. Kirk Bondurant seconded the motion, and the
motion passed unanimously.
John Rolli addressed Helpline and made a motion to fund them in the amount of $20,000.00, subject to
later proportionate reduction to meet the Commission's total funding limit. Kirk Bondurant seconded the
motion, and the motion passed unanimously.
Barbara Fike, of Caring Friends for Seniors, addressed the Board, and answered questions asked by Louis
LaTorre regarding services provided and the area served.
John Rolli made a motion to approve the remaining applications in the same amounts that they had been
awarded in fiscal year 2001, and then apply an equal percentage reduction to each applicant, including
those already approved, to bring the total down to match the total funding limit set by the Commission.
Kirk Bondurant seconded the motion. Tricia Hynes proposed an opportunity for those requesting large
increases to address the Board~ Tricia Hynes made a motion to amend the motion already on the floor to
recommend funding Monroe Association for Retarded Citizens (MARC) in the amount of$56,873.00,
instead of the amount they received last year, since MARC was planning to expand operations into the
upper keys area. John Rolli seconded the m9tion, and the motion to amend passed unanimously.
Discussion followed, during which Diana Flenard-Moore described the expansion of services into the
upper keys and mentioned that funding in the amount of $30,000.00 would prohibit that expansion.
Carmen Turner of Big Brothers/Big Sisters discussed expansion of that agency's services. A vote was
held on the amended motion, and it passed unanimously.
David Owens entered funding amounts equal to fiscal year 200 I funding for all remaining agencies,
leaving MARC at $56,873.00 and not changing the amounts approved for the agencies already voted
upon, but still subject to reduction to meet the total limit. He announced that the total at that point
exceeded the limit by $149,623.00, and a 34% reduction to all agencies would be needed to meet the goal
of $289,194.00. Brief discussion on this topic followed. Joe Barker of Wesley House addressed the
Board, and suggested that a percentage reduction applied to all agencies would be the most equitable way
to proceed. John Rolli made a motion to apply a 34% reduction to all amounts. Tricia Hynes seconded
the motion, and it passed unanimously.
David Owens applied the percentage reduction to all amounts, and read aloud the new funding amount
for each agency. John Rolli made a motion, seconded by Kirk Bondurant, to fund each agency in these
amounts. Motion passed unanimously.
John Rolli made a motion, seconded by Kirk Bondurant, that if the Commission should allocate
additional funding for human service organizations, the amount of the increase should be applied
proportionately among all agencies. David Owens noted that his understanding was that if an agency had
been approved for an amount equal to 10% of the total, then that agency would receive 10% of the
amount of the increase approved by the Commission. This would eliminate the need for the Human
Service Advisory Board to meet again to make further recommendations regarding a possible increase in total funding. A vote was held, and the motion passed unanimously.
Approved by Human Services Advisory Board 3/4/02
Discussion followed regarding the total funding for this year and in recent years. Most agencies noted a
need for increased funding, and argued that the services they provide are essential to Monroe County.
Diana Flenard-Moore of MARC offered to have their funding reduced to $30,000.00 and have the
difference between that and the amount just approved applied proportionately to the other agencies. John
Rolli made a motion, seconded by Tricia Hynes, to accept MARC'S offer and apply the amount of
$7,481.00 proportionately to the other agencies. Motion passed unanimously. David Owens agreed to
apply this formula and advise each applicant of the funding amounts, which would be recommended to
the County Commission.
There being no further business to discuss, the meeting was adjourned at approximately 12: 15 PM.
,,',
AGREEMENT ~
This Agreement is made and entered into this /1 day of Va , 2001,
between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred
to as "Board" or "County," and the Monroe County Education Foundation, Inc., hereinafter referred to as
"PROVIDER."
WHEREAS, the PROVIDER is a not-for-profit corporation established for the provision of training
of youth in violence prevention, cultural diversity, and personal development skills, and
WHEREAS, it is a legitimate public purpose to provide facilities and services for training of youth
in violence prevention, cultural diversity, and personal development skills, 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 training of youth in violence prevention, cultural diversity, and personal development skills
for persons living in Monroe County, Florida, shall pay to the PROVIDER the sum of THIRTEEN-
THOUSAND, FIVE-HUNDRED, SEVENTY-TWO AND 00/100 DOLLARS ($13,572.00) for fiscal year 2001-
2002, subject to the conditions below.
MATCHING FUNDS. The amount of agreement is contingent upon an equivalent amount of
funding being provided from the School Board to the PROVIDER. There shall be only as much money
provided under this agreement, up to the amount specified in paragraph 1, as is also funded by the
School District for the Monroe Youth Challe'nge Program. The PROVIDER shall provide the County with
documentation as to the amount committed by the School Board within ten days of execution of same
by the PROVIDER and School Board. If the funding to be provided by School Board is less than the
amount specified in paragraph 1, then PROVIDER will execute an amendment to this agreement
reflecting the decrease in funding under this agreement or the County may declare a breach and
terminate this agreement.
2. TERM This Agreement shall commence on October 1, 2001, and terminate September
30, 2002, unless earlier terminated pursuant to other provisions herein.
3. PAYMENT No money will be paid under this agreement until Foundation has provided
County with documents showing the contractual commitment of School Board to provide matching
funds. 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 An example of a reimbursement request cover letter is included as Attachment
B. The organization's final invoice must be received within sixty days after the termination date of this
contract shown in Article 2 above.
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 shown in Article 1, above, 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 training of youth in violence prevention, cultural diversity, and personal development skills
to 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 CountYt 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.
COUNTY:
COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the
(a) evidence of the organization's 501(c)(3) status;
(b) a list of the organization's Board of Directors of which there must be five or more;
(c) evidence of annual election of Officers and Directors;
(d) an annual audited financial report ;
(e) a copy the organization's Corporate Bylaws, which must address the organization's mission,
board and membership composition, election of officers, and so on;
(f) a copy of the organization's Corporate Policies and Procedures Manual which must include hiring
policies for all staff, drug and alcohol free workplace provisions, equal employment opportunity
provisions, and so on;
(g) cooperation with County monitoring visits;
(h) semi-annual performance reports. These reports should include performance measurements
which will demonstrate the level of accomplishment of goals for which funding has been provided.
(i) other reasonable reports and information related to compliance with applicable laws, contract
provisions and the scope of services that the County may from time to time request.
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 accomplished by an amendment, which must be approved in
writing by the COUNTY.
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-pa'id, by certified mail, return receipt requested, to the other
party as follows:
For Board:
David 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
Tom Sawyer, President
Monroe County Education Foundation
POBox 1788
Key West, FL 33040
305-296-3430
305-797-0190
305-294-4528 FAX
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
~g~ts with respect to such subject matter between the PROVIDER and the Board.
~~~~"
/'.~I~~ I ~~NESS WHEREOF, the parties hereto have caused these presents to be. executed as
lI::lt,;:;;;,-6f\h~ . d year first written above.
flCI~ J : .
\t~..~ ~ _' .. f ~ARD OF COUNTY COMMISSIONERS
~~~ . OF MONROE COUNTY, FLORIDA
~. ;".. By ?)-,e - Jie..c-~
Mayor/Chairman
Witness
;0 .J -~
(DQ.,~.v-. 'C ~.,...e1V-*-'
Witness
".
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 Florida Statute 112.061.
A cover letter summarizing the major line items on the reimbursable expense request needs to
also contain a notarized certified statement such as:
"1 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 expense 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 305-292-3534.
Data Processing, PC Time, etc. ,
The vendor invoice is required for reimbursement. Inter-company allocations are not considered
reimbursable expenditures unless appropriate payroll journals for the charging department are
attached and certified.
Payroll
A certified statement verifying the accuracy and autheniicity of the payroll expense is needed. If
a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total
hours worked, withholding information and payroll taxes, check number and check amount. If a
Payroll Journal is not provided, the following information must be provided: check amount, check
number, date, payee, support for applicable payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for reimbursement.
For overnight or express deliveries, the vendor invoice must be included.
Rents, Leases, etc.
A copy of the rental or lease ag'reement is required. Deposits and advance payments are not
allowable expenses.
Reproductions, Copies, etc.
,A log of copy expenses as they relate 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 vendor invoice and a
sample of the finished product are reqUired.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
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.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the caller, the
telephone number, the date, and the purpose of the call.
Travel Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel
Expenses. Travel must be submitted in accordance with Florida Statute 112.061. Credit card
statements are not acceptable documentation for reimbursement. If attending a conference or
meeting a copy of the agenda is needed. 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 vendor invoice. Fuel purchases should be documented
with paid 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. Parking is
considered a reimbursable travel expense at the destination. Airport parking during a business
trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room
must be registered and paid for by traveler. The County will only reimburse the actual room and
related bed tax. Room service, movies, and personal telephone calls are not allowable expenses.
Meal reimbursement is: breakfast at $3.00, lunch at $6.00, and dinner at $12.00. Meal
guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon
and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 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. Mileage is not allowed from a residence or office to a point of departure. For example,
driving form one's home to the airport for a business trip is not a reimbursable expense.
N.Qn-allowable Expenses
Th"e following expenses are not allowable for reimbursement: capital outlay expenditures (unless
specifically included in the contract), contributions, depreciation expenses (unless specifically
included in the contract), entertainment expenses, fundraising, non-sufficient check charges,
penalties and fines.
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for ( Organization name) fC?r the time period
of to
Check # Payee Reason Amount
101 Company A Rent $ X,XXX.XX
102 Company B Utilities XXX.XX
104 Employee A P/R ending 05/14/01 XXX.XX
105 Employee B P/R ending OS/28/01 XXX .XX
(A) Total $ X.XXX.XX
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX
(D) Total contract amount $ X,XXX.XX
Balance of contract (D-C) $ X.XXX.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 organizations_ contract with the
Monroe County Board of County Commissioners and ~ill not be submitted for
reimbursement to any other funding source.
Executive Director
Attachments (supporting documentatio~)
Sworn to and subscribed before me this _ day of 2001
"by who is personally known to me.
Notary Public
Notary Stamp
DESCRIPTION OF SERVICES TO BE PROVIDED
ATTACHMENT C
Programs for youth in Monroe County designed to reduce violence and negative risk behaviors in
all domains of an adolescent's life, and to help them achieve academic competency, social
purpose, self-directedness, and a sense of belonging