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Item C48 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 16. 2002 Bulk Item: Yes [8J No 0 Division: Administrative Services Department: Grants Administration AGENDA ITEM WORDING: Approval of amendment to contract with the Rural Health Network of Monroe County to allow reimbursement for salary and related expenses. ITEM BACKGROUND: Oriqinal contract did not include salaries and benefits budqet cateqories. PREVIOUS RELEVANT BOCC ACTION: Approval of oriqinal contract at November 2001 BOCC meetinq. CONTRACT/AGREEMENT CHANGES: chanqes to Attachment C. which includes budqet information. STAFF RECOMMENDATION: Approval TOTAL COST: $18.761.00 COST TO COUNTY: $18.761.00 REVENUE PRODUCING: Yes 0 No [8J BUDGETED: Yes [8J No 0 AMOUNT PER MONTH YEAR APPROVED BY: COUNTY ATTY [8J OMB/PURCHASING [8J RISK MANAGEMENT [8J DIVISION DIRECTOR APPROVAL: - ~ ~ ... James L. Roberts DOCUMENTATION: INCLUDED: [8J TO FOllOW: 0 NOT REQUIRED: 0 DISPOSITION: AGENDA ITEM #: C ys MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Rural Health Network of Monroe County Effective Date: 10/01101 Expiration Date: 09/30/02 Contract Purpose/Description: amendment to contract to allow reimbursement of personnel costs Contract Manager: David P. Owens (Name) 4482 (Ext.) OMB/Grants Mgt. (Department) for BOCC meeting on 10/16/02 Agenda Deadline: 10/02/02 CONTRACT COSTS Total Dollar Value of Contract: $18,761.00 Current Year Portion: $18,761.00 Budgeted? Yes XX No Account Codes: 001-03211-530340 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 Changes ~ Date In Needed , _ /~ ReYl~ _ Division Director 10 .d'-.:;>'l.- YesD Nol2r" <--.-/~ ._.... Risk Management J D-T-Od--YesD No[3' jY) SQpu.tth c Q,M.B.lPurchasing 1011/ aaesD NoW ~ CountyAttomey /1)/3/02- YesDNo~ ..~ . ~ Date Out /o-J'-o 1.. 10.- )-Od-. Ie( 1 (.UL (~yftL Comments: OMB Form Revised 9/11/95 MCP #2 AMENDMENT TO AGREEMENT 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 the RURAL HEALTH NETWORK OF MONROE COUNTY, FLORIDA, INC., hereinafter referred to as "AGENCY." WHEREAS, the COUNTY and the AGENCY entered into an agreement on November 20, 2001, regarding outreach and promotional activities for the Florida Kid Care Program; and WHEREAS, it has become necessary to reimburse the AGENCY for program-related expenses not listed in the "current budget" portion of Attachment C, and it is desired to amend Attachment C of said Agreement; now, therefore, 1. The "Current Budget" portion of Attachment C is hereby deleted, and expenses of the types listed in Attachment A are eligible for reimbursement. 2. All other provisions of the contract dated November 20, 2001, not inconsistent herewith, 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 By Mayor/Chairman Deputy Clerk RURAL HEALTH NETWORK OF MONROE COUNTY, FLORIDA, INC. (Federal ID No. ) By Name and Title AGREEMENT Rural Health Network of Monroe County, Florida, Inc. This Agreement is made and entered into this day of , 2001, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and RURAL HEALTH NETWORK OF MONROE COUNTY, FLORIDA, INC., hereinafter referred to as "Provider." WHEREAS, the Provider is a not-for-profit corporation established for the provision of health-related services to the disadvantaged citizens of Monroe County, and WHEREAS, it is a legitimate public purpose to provide outreach and promotional activities for the Florida Kid Care Program 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 outreach and promotional activities related to the Florida Kid Care Program in Monroe County, Florida, shall pay to the Provider the sum of EIGHTEEN-THOUSAND, SEVEN-HUNDRED, SIXTY-ONE AND NO/100 DOLLARS ($18,761.00) for fiscal year 2001-2002. 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. 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 fu'nded 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 shown in paragraph one 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 outreach and promotional activities related to the Florida Kid Care Program in Monroe County, Florida, as described in Attachment C. 5. RECORDS. The Provider shall maintain appropriate records to insure a proper accounting of all funds and expenditures, and shall provide a clear financial audit trail to allow for full accountability of funds received from said Board. Access to these records shall be provided during weekdays, 8 a.m. to 5 p.m., upon request of the Board, the State of Florida, or authorized agents and representatives of the Board or State. The Provider shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General of the State of Florida, the Clerk of .Court for Monroe County, an independent auditor, or their agents and representatives. In the event of an audit exception, the current fiscal year contract amount or subsequent fiscal year contract amounts shall be offset by the amount of the audit exception. In the event this agreement is not renewed or continued in subsequent years through new or amended contracts, the Provider shall be billed by the Board for the amount of the audit exception and the Provider shall promptly repay any audit exception. 6. INDEMNIFICATION AND HOLD HARMLESS. The Provider covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Provider occasioned by the negligence, errors, or other wrongful act or omission of the Provider's employees, agents, or volunteers. 7. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the Provider is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the Provider or any of its employees, contractors, servants or agents to be employees of the Board. 8. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the Provider shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the Provider. 9. COMPLIANCE WITH COUNTY GUIDELINES. The Provider must demonstrate and sustain compliance with: (a) SOl(c)(3) Registration; (b) Board of Directors of five or more; (c) Annual election of Officers and Directors; (d) Annual provision of annual report to County; (e) Corporate Bylaws; (f) Corporate Policies and Procedures Manual; (g) Hiring policies for all staff; (h) Cooperate with County monitoring visits; and (i) Semi-annual performance reports to be presented to County. 10. PROFESSIONAL RESPONSIBILITY AND LICENSING. The Provider shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the Provider's program and staff. 11. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be amended by an agreement amendment, which must be approved in writing by the Board. 12. NO ASSIGNMENT. The Provider shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the Provider. 13. NON-DISCRIMINATION. The Provider shall not discriminate against any person on the basis race, creed, color, national origin, sex or sexual orientation, age, physical handicap, or any other characteristic or aspect which is not job- related in its recruiting, hiring, promoting, terminating or any other area affecting employment under this agreement. At all times, the Provider shall comply with all applicable laws and regulations with regard to employing the most qualified person(s) for positions under this agreement. The Provider shall not discriminate against any person on the basis of race, creed, color, national origin, sex or sexual orientation, age, physical handicap, financial status or any characteristic or aspect in its providing of services. 14. AUTHORIZED SIGNATURES. The signatory for the Provider below, certifies and warrants that: (a) The Provider's name in this agreement is the full name as designated in its corporate charter, if a corporation, or the full name under which the Provider is authorized to do business in the State of Florida. (b) He or she is empowered to act and contract for the Provider; and (c) This agreement has been approved by the Board of Directors of the Provider if the Provider is a corporation. 15. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand-delivered or mailed, postage pre-paid, by certified mail, return receipt requested, to the other party as follows: For Board: David P. Owens, Grants Administrator and Public Service Building 5100 College Road Key West, FL 33040 Monroe County Attorney P.O. Box 1026 Key West, FL 33041 For Provider Mark L. Szurek Executive Director Rural Health Network of Monroe County Post Office Box 4966 Key West, FL 33041-4966 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 sh~1I be accounted for pursuant to statutory requirements. 20. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the Provider and the Board. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year First written above. (SEAL) ATTEST: DANNYL. KOLHAGE,CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairman Witness RURAL HEALTH NETWORK OF MONROE COUNTY, FLORIDA, INC. (Federal ID No. ) Witness By President 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: "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 expense should be paid prior to requesting a rei m bu rsement. 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 authenticity 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 agreement 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 ~ust 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. Non-allowable Expenses The 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, fund raising, 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) for 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_ con'tract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this _ day of 2001 by who is personally known to me. Notary Public Notary Stamp Rural Health Network of lVIonroe County, Florida, Inc. P.O. Box 4966, Key West, Florida 33041-4966 I-t-r'htch n1 ell-f C- October 15, 2001 David P. Owens Grants Administrator 5100 College Road, Room 209 Key West, Florida 33040 RE: Rural Health Network / KidCare $20,000 Contract Dear Mr. Owens, Below is a suggested narrative for the KidCare contract. "This contract is for Florida KidCare outreach to promote and administer the Florida KidCare program in Monroe County. This contract will service existing KidCare clients and promote the program to potential enrollees during the period of October 1,2001 - September 30,2002". Approved Contract Amount $ Less Local Match $ $ 20,000 1,239 18,761 Current Bud et Supplie $ 2,000.00 Local Marketin $ 4,000.00 Meeting $ 500.00 Travel-Stat $ 6,500.00 Phon $ 4,800.00 Postag $ 961.00 $ 18,761.00 Invoice Schedule Contract Invoice Invoice Quarters Submittal Date Amount Oct-Dee 2001 Jan 2,2002 $ 4,690.25 Jan-Mar 2002 April 1, 2002 $ 4,690.25 Apr-Jun 2002 July 1, 2002 $ 4,690.25 Jul-Sep 2002 October 1, 2002 $ 4,690.25 $18,761.00 "The Rural Health Network will submit an invoice for $4,690.25 and a KidCare Report quarterly for payment according to the schedule above". If you have any questions, please call me at 305-293-7570 ext. 10. Administration, Community Outreach Director, Finance Director, or Health Services Director VOICE 305-293-7570; FAX 305-293-7573 Referrals 1I888-381-8nO; Medi-Van 305-797-4104; Rural Health at Ruth Ivins Clinic 305-289-3748 Healthy Kids/KidCare Director-VOICE 305-517-9002: FAX 305-517-9004 www.ruralhealth-floridakeys.org SWORN STATEMENT UNDER ORDINANCE NO.1 0-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. (signature) Date: STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of ,19_. NOTARY PUBLIC My commission expires: OMB - MCP FORM #4 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any. public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list."