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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 Dale In Needed ~ ~ ~__ _ ;r...JJ..___YesD NOb::::1 ~~~ 2-1 ::7-.,,- 3\,,[02- YesDNo~,\:.1Ck-r-~' 3 \"\OL YesDNora'" ~ tJfi~3-/':<-O~ YesD NoOO S~e o.-tf-a-cAecL 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 ~t.:'U OJ .~~O 1 -~;j- 'J ~; 11:OU; Monroe Co ~chool ~d~ 3052924515;# 1/ 1 . I ,!II 11'~IIII' "'.I~ u." .'"lnll'l1j1l11l1l111 ,..,... .....1_ IIIIIIItl ~~ I'" : j . ' ,~...~.. "4I1UIU 1J1!t1111l!1111IU.itllt: IIII!tll:H'.I~IIUI!H'I: : i . . ; .".;. i December 28 i , I . i Mr. Dayid Owensi CountY: ofMonr~ ~t~s. ~dministr~on . ~. -. --.--r- --.------ - - -- -.- - --- -.-.--.----..-.---.-.-.- . j ---..--.-----..-.--.... ; 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 intotal 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