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Item C11BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 17, 2012 Division: OMB Bulk Item: Yes XX No — Department: Grants Staff Contact /Phone #: Lisa Temiyson x4444 AGENDA ITEM WORDING: Approval of Fiscal Year 2013 contracts with non-profit organizations 4:� funded by the Board of County Commissioners through recommendations of the Human Services Advisory Board (HSAB), and those funded directly by County Commission. ITEM BACKGROUND: A listing of all Human Service Organization contractual amounts is attached. Amounts were approved as part of County budget process. Human Services Advisory Board met and reviewed applications on May 29, 2012 and made recommendations to the BOCC (minutes are attached). PREVIOUS RELEVANT BOCC ACTION: FY 2012 non-profit funding was discussed on July 26, 2012, and was subsequently approved as part of budget process. Total HSAB budget was reduced to $1,752,600 this year as Guidance Care Center became a BOCC direct line item with Substance Abuse Mental Health match funding. (Separate item is also on today's agenda.) CONTRACT/AGREEMENT CHANGES: None. STAFF RECOMMENDATIONS: Approval TOTAL COST: $1,752,600 INDIRECT COST: BUDGETED: Yes XX No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $1,752,600 SOURCE OF FUNDS: Ad valorem REVENUE PRODUCING: Yes No XX AMOUNT PER MONTH Year f"D A County Atty L/I APPROVED BY: Coun OMB/Pure Risk Management DOCUMENTATION: DISPOSITION: Revised 7/09 Included XX Not Required AGENDA ITEM # List of FY 2013 Funding Amounts Human Service Organization Contracts for Fiscal Year 2013 Agency Approved Amount HSAB organizations AIDS Help $30,000 American Red Cross $15,000 Anchors Aweigh Club $2,200 Be The Change/Kids Come First $25,000 Be The Change/Monroe Youth Challenge $25,000 Big Pine Athletic Association $44,000 Boys and Girls Club $65,000 Domestic Abuse Shelter $30,000 Fla. Keys Area Health Education Ctr $45,000 Florida Keys Children's Shelter $159,000 Florida Keys Healthy Start Coalition $30,000 Florida Keys Outreach Coalition $43,000 Good Health Clinic $63,400 Grace Jones Backpacks 4 Kids $40,000 Heart of the Keys $34,000 Hel line $10,000 Heron Peacock $35,000 Hospice of the Florida Keys $141,000 Inde endence Ca $25,000 Keys Area Interdenom Resources $25,000 Literacy Volunteers $10,000 Monroe Assoc for Retarded Citizens $155,000 Rural Health Network $300,000 Samuel's House $90,000 Star of the Sea Foundation $55,000 Wesley House $160,000 Womankind $96,000 HSAB Contract Totals $1,752,600 BOCC Line Items AARP-BP $4,500 AARP-LK $4,500 AARP-MK $4,500 AARP-UK $4,500 Arts Council $57,000 Historic Florida Keys Foundation $28,500 Older American Vol Program $500 BOCC Contract Total $104,000 TOTALS $1,856,600 Human Services Advisory Board Minutes From Meetings on May 29, 2012 and February 22, 2012 MONROE COUNTY HUMAN SERVICES ADVISORY BOARD MINUTES OF MEETING HELD ON May 29, 2012 (Draft) Marathon Government Center Marathon, Florida Board Members Present: David Horan, Chair Alexsandra Leto, Vice Chair Steve Torrence, Secretary Bob Johnson RaiEtte Avael Staff present: Lisa Tennyson, Grants Administrator Michelle Grillo, Grants Analyst County Commissioners present: Commissioner Sylvia Murphy The meeting was called to order at 9:15 A.M. by D. Horan. RaiEtte Avael notified the Staff she would be absent for today's meeting. Minutes from meeting on Feb. 22, 2012 were approved. Human Services Advisory Board (HSAB) members, D. Horan, S. Torrence, A. Leto and B. Johnson, introduced themselves and their affiliations. No members have current affiliations. D. Horan commented on the economy, administrative costs, Executive Director salaries, audits and umbrella organizations. B. Johnson stated his differing opinion on the organizations and the good job they are doing in terms of creating revenue, fundraising, donations, grants and contracts generated, and their impact on the community, A. Leto explained her position as middle of the road; concerned about the sustainability of the organizations but looking at adminisitrative costs in relation to the services they provide; can't get quality services cheaply; salaries cannot be the only indicator. D. Horan commented on the audit and the salary as a percent of the revenue. D. Horan asked L. Tennyson about any changes in legislative funding for these organizations or any organizations paying for other organizations. It is determines the organizations will address these questions when they presented. L. Tennyson addressed the funding for the last couple years in HSAB. In FY10, the HSAB pot was 1,768,200; in FY11 $453,577 was added with the line items moved into HSAB by the BOCC, totaling to $2,221,777 in FY11 and FY12; in FY13 the Guidance Care Center line item $609,177 was taken out, totaling the amount to 1 ' 612,600; in FY13 the BOCC decided to move $140,000 to HSAB, totaling the current funding at $1,752,600. L. Tennyson suggested the Board address the category changes for two new applicants and one change, Helpline. S. Torrence motioned to move all three requests to quality of life services. The motion was unanimous. 1 Presentations began in the order the applications were received at 9:40am. Each organization spoke to Board regarding their funding request. Particularly noted issues are included below. Be the Change/Monroe Youth Challenge: discussed combining the two Be the Change program next year, the professional fee to cover contracted services like a trainer, and both student and adult volunteers. Literacy Volunteers: discussed losing NOAA federal grant so all their money is from fundraising. Florida Keys AHEC: discussed expanding the program, and focusing on grants and not fundraising. Star of the Sea FKOC American Red Cross: discussed how many people worked in Monroe County (2.5 positions), and filled out Attachment D incorrectly. Good Health Clinic: no representative present. Boys and Girls Club: discussed combining with Big Pine Athletic next year, and filled out Attachment B incorrectly. MARC Rural Health Network: discussed they they received a new grant since the time of the application, not free services but sliding scale, focus on grants over fundraising, administrative costs and those individuals do multiple jobs. Florida Keys Children's Shelter Heart of the Keys: discussed doing more fundraising and relying less on HSAB next year. Be the Change/Kids Come First Domestic Abuse Shelter: discussed reduced federal grant dollars, and vacant program manager position for 9 months, and asked for more money - $40,000 ($30,000 originally requested on application). Break 11:10- 11:23. Presentations continued. Domestic Abuse Shelter: additional answered questions regarding the professional services, covering auditing services, grantwriting, etc. Womankind: explained increase of request for bigger facility, increased medical staff, taking on male patients, electronic medical records, and secondary services giving vouchers at reduced rates for follow-up services. Discussed completing a needs assessment with wellness centers in Upper Keys to extend services. Explained a 60K contingency reserve used for renovations in their new building and bumping up fundraising. KAIR: Discussed stepping up fundraising, and 69% of revenue is fundraising and donations. AIDS Help: discussed how they were losing money Big Pine Athletic Association: discussed merging with Boys and Girls Club, with the goal to have a teen center in Big Pine. Independence Cay: discussed their new empowerment programming, working on fundraising, and Attachment D was filled out incorrectly. Samuel's House: discussed need for sustainability, lost funding, HSAB funding goes to direct services, and commented on seemingly high salaries. Wesley House: discussed miscellaneous revenue of $160K as a drawdown or for extra performance dollars from grants, and volunteer numbers are mostly assisting with the backpack program. N Anchors Aweigh Club: discussed their open facility offering 12-step services, serving on average 250 people a day, other facilities require a fee to use, want funding for the facility, got SAFF funding. H.Q �Iine: discussed partnering with the switchboard for 2 on 1. Hospice of the Florida Keys SHAL: discussed how the mobile outreach program got started from identifying gaps - trying to reach out to homeless who did not go to the shelters/use assistance, pilot program with other agencies onboard RV, changes in funding - less from DCF, no fundraising because they didn't want to compete with other agencies in their coalition, explained how umbrella program of SHAL differs from the mobile outreach direct services, employs 2 case managers onboard. Separate discussed about the many homeless organizations and how SHAL should take on all admin costs for those agencies, Elmira Leto from Samuel's House speaks about trying to do that but cannot because of 501c3 status. Grace Jones Heron Peacock: discussed ED salary decrease to pay employee, state cut challenge and ESG grant, commented about where volunteers stay, clarified why Heron Peacock received less money last year than in previous years, Board thinks they need to do more fundraising and leverage dollars better, discussed having an operating reserve and what the right amount should be. Florida Keys Healthy Start: discussed $52K budget cut to her program and Monroe County, affects mostly her salary and car seat program, asking for more money $30,000 (originally requested $22,500 in application). Bahamas Village Music Program: discussed just now finding out about grant funding, running on volunteers and donations, only added program director salary this year, filled out Attachment D incorrectly, should apply to SAFF/Sheriff's funding. This concluded the presentation/question and answer portion of meeting. Meeting broke for lunch at 1:00; reconvened at 2:20PM. The discussion turned to funding recommendations. B. Johnson started the discussion, with his list of funding recommendations. B. Johnson's initial recommendation for Be The Change/Monroe Youth Challenge program was $28,000. A. Leto did not agree due to many other organizations getting cuts, and is okay at last year's number, $20,000. S. Torrence suggested $25,000k. The Board agreed on this amount. B. Johnson was okay with $10,000 for Literacy Volunteers. The Board agreed. B. Johnson suggested $45,000 for AHEC. D. Horan suggested less, but the Board agreed with $45,000. B. Johnson suggested $55,000 for Star of the Sea. The Board agreed. B. Johnson suggested $40,000 for FKOC. S. Torrence stated that they keep getting cut over the years. B. Johnson then suggested $43,000. The Board agreed. 3 B. Johnson suggested $15,000 for American Red Cross. The Board agreed. B. Johnson suggested $55,000 for Good Health Clinic. D. Horan stated that they needed more money, and suggested giving them $100,000. B. Johnson thought that was generous and that HSAB did not have that kind of money to give. D. Horan stated that Good Health Clinic had a need and therefore deserved more than $55,000. A. Leto was trying to figure out their quality of life service. D. Horan suggested $75,000. A. Leto suggested $70,000. B. Johnson suggested $60,000. A. Leto suggested $70,000 and stated she had no problems with their salaries. B. Johnson suggested $65,000. The Board agreed with the comment that they would come back to it. D. Horan suggested $70,000 for Boys and Girls Club, as a reward for doing exactly what they asked. B. Johson suggested $55,000 stating that there are a number of organizations with no increase over the years, and explained we needed to collectively look. The final funding recommendations of the HSAB to be presented to the BOCC for approval were repeated and confirmed as S. Torrence made a motion to approve the recommendations as listed below. K.Bassett seconded the motion. The motion was unanimously approved. There being no further business, the meeting adjourned at 3:45 P.M. 4 Medical Services Fla. Keys Area Health Education Ctr Florida Keys Healthy Start Coalition# Good Health Clinic = k - Guidance Care Center Hospice of the Florida Keys Rural Health Network Womankind Core Services AIDS Help ON gF American Red Cross Boys and Girls Club Domestic Abuse Shelter Florida Keys Children's Shelter}4 Florida Keys Outreach Coalition Grace Jones Day Care Center .� ' Heron/Peacock Independence Ca Keys Area Interdenom Resources Keys Center/PACE „ Monroe Assoc for Retarded Citizensi Samuel's House �1 ' SHAL Star of the Sea Foundation - Weslev Housek of Life Services Hel line Literacy Volunteers ... y Monroe Youth Challenge 4 ,� HosiceCare of SE Florida Sub -total HSAB Former BOCC Line Item Or .'s�' Guidance Care Center -Keys to Recovery Rural Health Network= j Big Pine Athletic Association yt 4 Heart of the Keys Youth„ Be the Change -Kids Come Firstx _ ,Upper Keys YMCA , ,F Sub -total BOCC line item Total Funding Amount 5 MONROE COUNTY HUMAN SERVICES ADVISORY BOARD MINUTES OF MEETING HELD ON February 22, 2012 (Draft) Marathon Government Center, BOCC Room 10:00 AM Marathon, Florida Board Members Present: Staff present: David Horan, Chair Lisa Tennyson, Grants Administrator Alexsandra Leto, Vice Chair Michelle Grillo, Grants Analyst RaiEtte Avael Bob Johnson Board Members Absent: County Commissioners present: Steve Torrence, Secretary Commissioner Sylvia Murphy Mayor David Rice The meeting was called to order at 10:05 A.M. by D. Horan. HSAB members, B. Johnson, A. Leto, D. Horan, and R. Avael introduced themselves and their affiliations. R. Avael stated her affiliation with Southernmost Homeless Assistance League and Guidance/Care Center. She also stated she resigned from the Guidance/Care Center Council last week. No other members that were present have any current affiliations. Commissioner Murphy also introduced herself followed by County staff. Minutes from meeting on May 24, 2011 were approved. D. Horan started the meeting by suggesting future meetings be video recorded or tape recorded. He explained that he heard conflicting reports from the May 2011 meeting, at which he was not present. He stated that the meeting minutes were good, but he wanted to know more. L. Tennyson suggested using a tape recorder. D. Horan would like for staff to check with Technical Services regarding feasibility of video recording. Both L. Tennyson and Commissioner Murphy said they would check. B. Johnson suggested video recording for the next meeting because there will be funding allocations. D. Horan agreed that only the second meeting (May) needed to be recorded on video. Commissioner Murphy suggested video for the May funding meeting but tape recording for the others. L. Tennyson reminded the group that the BOCC room where the video equipment is located is not always available for the May meeting. She will try to reserve this meeting room for May. D. Horan agreed. A. Leto interjected that the Board cannot talk to each other outside of these meetings due to the Sunshine Laws, so everyone understands why this issue was not addressed prior to the meeting. B. Johnson suggested adding the recording issue to the agenda as an agenda item. D. Horan stated that if the Board was going to vote, it was not necessary. However, D. Horan put it on the agenda to have the May funding meeting video recorded and the other meetings tape recorded. 1 B. Johnson stated that L. Tennyson did a good job on the minutes; they were captured well. The minutes should reflect what actually happened and reflect the main decisions. L. Tennyson told the Board that the minutes will be transcribed from the recorded tape of the meeting. D. Horan wanted to know if his recommendations from the last May 2011 meeting were considered. L. Tennyson stated that she had distributed his written recommendations to everyone. B. Johnson moved to approve the motion regarding video recording the May 2012 meeting, It was approved and seconded. D. Horan moved down the agenda to elections. B. Johnson moved to have D. Horan as Chairman. A. Leto seconded. D. Horan asked for any other nominations. R. Avael stated that A. Leto should stay as Vice Chair. D. Horan seconded. D. Horan nominated S. Torrence (who was absent) to Secretary. All board members seconded. Nominations were approved unanimously. D. Horan requested the Board discuss any FY13 application or attachment issues. L. Tennyson explained that the group should likely expect the same amount of funding as last year for HSAB grants. The HSAB amount will go in front of the BOCC at the March 21st meeting. The current HSAB amount is $2,221,777. L. Tennyson reminded the group that this number reflects the addition of previously funded line -item organizations and their respective funding amounts to the HSAB pot beginning in FY12; and that overall there has been no increase in HSAB. D. Horan wanted clarification if the Board had to abide by the amounts for the line -items in the previous year. A. Leto added that the line -item amounts maintained for their first year. L. Tennyson explained that all funding for all organizations in HSAB this year is competitive. D. Horan asked for audience comment. There was none. R. Avael asked if the match for substance abuse was included in the HSAB amount. L. Tennyson stated that it was not included; that match amounts are separate from HSAB and are BOCC line -items. B. Johnson wanted to know the Baker Act amount. L. Tennyson stated that the Lower Keys Medical Center and the Guidance/Care Center are the two Baker Act providers. The Lower Keys Medical Center has received $83,000 and the Guidance/Care Center has received $334,880. D. Horan was interested to know if that is a 75/25 split and L. Tennyson said yes. D. Horan suggested the group look at Tallahassee this year because the legislation may make funding for some nonprofits really hard. D. Horan stated that some nonprofits may go out of existence and others may have to join an umbrella organization to save costs. D. Horan wants to know as soon as possible of legislative changes that would affect funding. D. Horan suggested the organizations get in touch with L. Tennyson, so that she may send further information to the HSAB. A. Leto suggested letting the HSAB know if you might be losing funding and that it would be important information to note in the application. L. Tennyson brought attention to the draft FY13 application, instructions, and attachments, and asked the Board to review proposed changes. L. Tennyson also explained that there are no changes of substance in the application. The changes are in red within the applications that are in front of the Board members. D. Horan wanted to know if there were changes in all 3 parts of the application. L. Tennyson said yes, and went through the changes. The changes are based on suggestions, and efforts to clarify 2 requirements related to contract compliance. For example, the members of the BOCC have asked that we differentiate programmatic and administrative costs, so we made some changes to try to elicit that information. Staff spends a lot of time following up on documents required for contract compliance. Organizations don't always supply the most recent copies of 990's, so we clarified in the application that we need those. L. Tennyson suggested the Board could also email her any comments they have about the changes. B. Johnson wanted to know if there was a question in the application regarding when an organization we are funding gives the grant money to another organization. L. Tennyson showed B. Johnson question # 8 in the application. (It says "Do you plan to allocate any part of this HSAB grant, if awarded, as a sub -grant to another organization? If yes, please list the recipient(s), the purpose(s), and amount(s). Please make sure these are included on Attachment D, under "Grants to Other Organizations. "} D. Horan drew everyone's attention to page 1 of the application and a sentence that was crossed out saying "You may attend any of these meetings and you will have a reasonable opportunity to address the HSAB if you like." He does not want this sentence taken out. L. Tennyson stated we can leave it in. D. Horan discussed Page 4 and the sentence "We want the funds to go only to the applicant shown on this form." This sentence is a part of the application instructions for Question #8. D. Horan wanted to keep this sentence. L. Tennyson said it would stay in. C.J. Geotis from Grace Jones had a question regarding if an organization asks for funding for collaboration purposes. D. Horan said that collaboration is encouraged. However, as an example, if you get a $10,000 grant, you cannot turn around and give it away, B. Johnson stated it is different when an organization is granting subordinate funding. It is up to the organization to define the line. D. Horan stated that if the Board started thinking about defining the line, they would be here all day. It's something you know when you see it. B. Johnson raised the question of resolving this topic at today's meeting. At what point in time is it funding or a service? For example, if an organization hires employees for other organizations, what is that? D. Horan asked, in Bob's example, who the employees were employed by. B. Johnson stated that if the employees were not employed by the primary organization, it becomes a transfer of funding. D. Horan discussed that if you have employees to pay, it is not a "question 8 problem." However, if you are going to pay someone else's employee, the Board should know about it. B. Johnson agreed that was his point. C. Geotis, Grace Jones, stated that they distribute to other organizations, but hope they do not run into a problem. B. Johnson considered more specific language for Question #8. D. Horan suggested he take a stab at it and come back. L. Tennyson reminded everyone that the FY13 applications go out next week to the nonprofits. D. Horan suggested just wordsmithing at today's meeting. B. Johnson read Question #8 out loud. A. Leto interjected and wanted clarification on Bob's concern. She stated that if you have an organization that provides services to women or kids and purchases services from another organization, for example, is that the concern? B. Johnson said no. Grace Jones spoke up about reaching more people by distributing to other organizations. They buy backpacks and distribute them; that is a service, not a transfer of funding. It was explained that in their one grant, they deliver backpacks to schools. 3 D. Horan questioned the audience to see if there were any organizations that do a spectacular job on grant writing. He stated that if a person is grant writing for a number of organizations, that person may meet conflict sometimes. D. Horan suggested that rather than reinventing the wheel, a group of writers should get together and help each other. The idea is to divide up the organizations without conflict among a couple grant writers and write the applications. Comments were solicited from the audience. C. Geotis, Grace Jones, thought the panel should know that the economy -of -scale idea works but that when the number of client's increases and the cost goes up, it becomes a double -edge sword. Sometimes they are seen as one applicant, and not the multiple kinds of services they provide. B. Johnson encourages funding, not transference of funding. Commissioner Murphy addressed John Morrill, a grant writer, to find out if the schools have applied before. J. Morrill responded that they did one application but got rebuffed, so they got in -line with Grace Jones. Commissioner Murphy asked Grace Jones if the other three schools were daycare centers. C. Geotis said yes, they are not public schools. Grace Jones is an applicant and knows the intent of the question now. B. Johnson reiterated yes, the three daycare centers get a certain amount of funding for backpacks, for the kids as a service, not to run a daycare. D. Horan asked if everyone was okay with Question #8. The present HSAB Board members responded yes. B. Johnson questioned if the sentence currently crossed out in red on Question #8 was going to be left in there. D. Horan said yes. L. Tennyson confirmed. D. Horan suggested the Board review the schedule. L. Tennyson noted that the Board had tentative dates to look at in their respective packets of information. D. Horan read the schedule out loud: the first board meeting (today) is February 22, 2012, NOFA and applications go out on March 2 nd , the application is due back April 25th , the second board meeting and HSAB funding recommendations are in the last two weeks in May, the BOCC approval of recommendations is in the FY13 budget meetings/hearings, the FY13 contract preparation and routing is in August/September, and the BOCC approval of FY13 contracts is in October. L. Tennyson suggested that Board determine the May meeting date today. It is within a two -week time period between May 21't and May 3 oth. Commissioner Murphy reminded everyone that it is also now a requirement to get the Marathon BOCC room (due to the videotaping required earlier in the meeting.) D. Horan wanted to know when the Shared Assets meeting is. A. Leto stated it is March 14th L. Tennyson reminded the Board that the funding recommendations have to be in to the Budget Director by May 31't so the HSAB needs to meet before then. The idea is to give the nonprofits time to fill out the applications, and then give the Board at least four weeks for review. The dates reflect that. L. Tennyson recapped a discussion about dates and times for the May meeting with the decision to meet on May 29th at gam in the Marathon Government Center BOCC room and will send out an email notice to the Board. E D. Horan discussed that the HSAB final decisions sometimes get to the BOCC and people complain. The HSAB would appreciate it if organizations did not go to the Commissioners and complain. Going to the Commissioners before the funding meeting in May will not help. The Commissioners do not want to go against the HSAB due to the amount of time and effort that the HSAB spends on these applications. D. Horan asked if there was any public comment. Diane Culver, from Heart of the Keys, wanted to know the reasoning behind moving the line -items last year to the HSAB (her organization is one of those that was moved from line -item to HSAB). D. Culver is concerned that they are a small agency without a grant writer and didn't want to be compared to larger agencies. Commissioner Murphy explained that the main reason all line -items went over to the HSAB is so that they all are required to do applications, which makes the process fair. It is the result of the HSAB Working Group recommendations last year that all discretionary funding to organizations go through the competitive HSAB process. D. Culver explained that Heart of the Keys was had been a part of the HSAB process before but they weren't always funded, so they got moved to a line - item status. J. Morrill, grant writer, spoke up to give accolades to the system. He appreciated the Board's desire and success in reviewing policies and looking for ways to be more transparent. Kim Sovia from the Good Health Clinic also stated how much she appreciated the Board's hard work. Lou Hernandez from Helpline spoke up about the idea of the grant writing group. He thought that first the Board needs to recommend that the County address core services they want to fund and send out something like an RFP. He feels the County has so many different services they fund that it would be hard to combine. The County needs to identify core services and what can be done cheaper or better. This would be a good list to give to the group of grant writers. D. Horan stated that the core, medical and quality of life services were divided that way because the Board was attempting to identify needs. D. Horan stated that duplication of services is an important issue that the Board has been working on this topic for years. They spot duplications but it is hard to address due to organizations protecting their turf and asking not to merge with other similar organizations. Commissioner Murphy explained that at a meeting four years ago, the Board looked specifically at duplication of services among all the funded organizations. She explained that there is very little duplication. Some services may seem similar but we must remember that they are offering those services to different parts of the Keys (the county is and it constituents are very spread out), different age groups, or different economic groups, for example. Commissioner Murphy stated that the group did not find any duplication of services. B. Johnson explained that the HSAB is reflective of the BOCC. They are a committee with appointment from the BOCC. R. Avael questioned oversight after the application was submitted or any sort of quality assurance. L. Tennyson explained that contract compliance is a responsibility of each organization. The organizations must certify that their applications and attachments 5 are true and accurate. L. Tennyson further explained the process stating that the HSAB recommendations are a part of the budget process that takes place throughout the summer with formal hearings. Funding recommendations are finalized at the final budget meeting in September. In October, the contracts are signed, approved, and executed. Staff then provides on -going contract compliance throughout the contract year, and ensures that organizations provide all of their required documentation. L. Tennyson explained that another quality assurance strategy utilized by the County is the reimbursement -based contract. The organizations are reimbursed through Finance. There are checks and balances due to the reimbursement process in place; organizations are reimbursed only after the service is performed and the documentation of all expenses is provided and approved. R. Avael wanted clarification on HSAB responsibility. L. Tennyson explained that the HSAB does not have responsibility or oversight over the organizations. B. Johnson wanted to know if there was ever any leftover money at the end of the fiscal year. L. Tennyson said yes and that those funds are folded back into the general fund. D. Horan wanted to know how much was folded back in. L. Tennyson responded with an estimate around $10,000 in unspent funds from the prior year. D. Horan stated that it would be nice if that money came back to the HSAB. Commissioner Murphy expressed agreement and stated that we would find out if it was possible. A.B. Maloy, from Guidance/Care Center, spoke up regarding the current County Clerk's audit and inquired if there was going to be a report, when it could be expected to come out, and if it was going to be before applications were due. L. Tennyson said yes, there will be a final report and that her best guess was that it would come out within the next 3-4 weeks. D. Horan wanted to know if they could get the report when it came out. L. Tennyson said that she would send it out to the HSAB when it was complete. D. Horan asked for a motion on the topic. A. Leto seconded. D. Horan brought up videotaping as a motion. B. Johnson seconded. B. Johnson wanted to know if there was an audit done on every organization. L. Tennyson explained that only the draft audit has been issued, and that the focus is was on the HSAB process, overall, with a small, random selection of organizations examined specifically. B. Johnson questioned whether random was fair. D. Horan stated that if there was a question about an organization, they generally audit them. L. Tennyson explained that the audit report is not the product of her office, but of the Clerk's. L. Tennyson stated she would get them the final report. Michael Cunningham, from AHEC, stated that he was asked by the Clerk's office to submit finances, in particular his general ledger. He is waiting to hear back their findings. This was just an FYI to the group. D. Horan would like the Board to send a letter to Lynn Mapes regarding how much he is missed on the Board. B. Johnson suggested the Board do letters for all former members. A. Leto also suggested sending one to Kim Bassett. D. Horan asked if there was any other business. There being no further business, the meeting adjourned at 11:15 A.M. M FY 2013 Contracts MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Cbntract# Contract with: American Red Cross of Effective Date: 10/01/12 Greater Miami and the Keys Expiration Date: 9/30/13 Contract Purpose/Description: Provides direct services to the citizens of Monroe County, such as disaster assistance, emergency communications, and health and safety training. Contract Manager: Lisa Tennyson (Name) for BOC[ meeting 4444 OMB/Grants (Ext.) (Department) endaDeadUne: CONTRACT COSTS Total Dollar Value ofContract: $15,000.00 Current Year Portion: $15,000.00� Budgated7YesZ No[l Account Codes: {X}1-{[3203-53{[340-____-____ Grant: ${.[X0 County Match: $____ ADDITIONAL COSTS Estimated Ongoing Costs: $___/yr For: (Not included in dollar value above) /eg. maintenance, utilities, janitorial, salaries, Date In Division Director Risk Manageent ~l��f`)@~~� O.M.8./PuUas\ng 41� County Attorney ' - CONTRACT REVIEW Changes Needed Reviewer," Yes[lN R YeSilN»[L]' YeS[lNUR YesFlNoM OMB Form Revised 9/11/95 MCP #2 Date Out AGREEMENT This Agreement is made and entered into this 17th day of October, 3012, between the BOARD DFCOUNTY COMMISSIONERS OF M{}NRDE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and American Red Cross of Greater Miami and the Keys, hereinafter referred toas"PRDVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of disaster services and health, safety and community services, and WHEREAS, it is a legitimate public purpose to provide facilities and services for disaster services and health, safety and community services, 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 disaster services and health, safety and community services for persons living in Monroe County, Florida, shall pay to the PROVIDER the sum ofFIFTEEN THOUSAND AND N(}/1OODOLLARS ($15,O0O.00)for fiscal year 3O12-2O1]. 2. TERM. This Agreement shall commence on October 1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted tVthe Board via the Clerk's Finance Office. The County shall only reimburse, subject to the funded ernVuntS below, those reimbursable expenses which are reviewed and approved ascomplying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The organ\zation's final invoice must be received within thirty 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 ofthis agreement. /&. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to a||ovv 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. 5. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract -American Red CmnofY/3;page / 6. PURCHASE OF PROPERTY. All property, whether real or persona), purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement ortheir authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years fn||Ovving the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 8. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession Or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER, 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter ufDetermination and GUIDESTAR printout indicating current 501(c)(3) status; (b) List of the DrganizaUon's Board of Directors of which there must be at least 5 and for each board rnernher please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recornnnended/taken| /e\ Copy of filed IRS Form 490 from most recent fiscal year with all attached schedules; (f) 0rganizaUon's Corporate Bylaws, which must include the onganizat\on's mission, board and membership composition, and process for election of officers; (g) Organ\zation's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment [); (\) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved; A\ Cooperation with County monitoring visits that the County may request during the contract year;and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board tosubstantially and satisfactorily perform and provide the services outlined in Attachment Cto residents of Monroe County, Florida. Contract -American Red Cross-F /3;page2 11. ATTORNEY"S FEES AND COSTS. The County and PROVIDER agree that inthe event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include at±orney'sfees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to \tse|f, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. 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 beemployees ofthe Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant tnthis 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 toterminate this contract immediately upon delivery of written notice oftermination to the PROVIDER. 17. 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 |icensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County orPROVIDER agree tocomply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Ov\| Rights Act of 1964 /PL 88-352\ which prohibits discrimination on the basis of race, color or national origin; 2\ Title IX of the Education Amendment of 1972, as amended (20 Contract -American Red Croos-FY/3;page 3 USC ss. 1681-1683, and 1685-1686\, which prohibits discrimination on the basis of sex; ]\ Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4\The Age Discrimination Act of1975/ as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5\ The Drug Abuse Office and Treatment Act of 1972 (PL9Z-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of197O (PL91-61G), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8\ Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9\7-he Americans with Disabilities Act of 1990 (42 USCs. 1201 Note), as maybe amended from time totime, relating to nondiscrimination on the basis of disability; 10\ Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject nnoiier of, this Agneernent. AMENDMENTS, CHANGES, AND DISPUTES 19. 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 bythe County. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 38 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited (nthis Agreement. 23. 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 tothe total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the Contract -American Red Cma*FY3; page* extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees bo execute such documents as the County may reasonably require, to include Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27, 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. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and re|ief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents oremployees ofthe County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability byreason of the execution ofthis Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation ofConstitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by |avv except to the extent ofactual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the berms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated inthis Agreement. 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall Contract -American RedCmos-Fy3; page 5 constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in vvhUng and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party osfollows: For Board: Grants Administrator and Monroe County Attorney 1100Birn0nbon Street PO Box 1026 Key West, FL33O4O Key West, FL33O41 For PROVIDER Sam Tidwell, Chief Executive Officer American Red Cross of Greater Miami and the Keys ]]5 SVV27"'Avenue Miami, FL 33135 305-296-4033 305-296-9388FAX 34. GOVERNING LAW' VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable 1ocontracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. 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 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. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining barnn, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract -American RedQnos-FY3; page IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk BOARD OFCOUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By American Red Cross of Greater Miami and the Keys (Federal ID \ By Chief Executi�e Officer Contrax*merican Red Croa*FY3�-page r EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines bo Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate totravel, are from the Monroe County Code ofOrdinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records ofthis organization. Furthermore, these expenses are in compliance with this organ(zation'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement tV any other funding source." Invoices should bebilled tothe 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 un an individual basis. Any questions regarding these guidelines should bedirected to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice isrequired 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 orhourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must beprovided: pay period, check amount, check number, date, payee, and support for applicable paid 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. Acopy ofthe rental orlease 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 ofcopies 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. Contract -American Red CroaeFY3; page Tellefax'Fax, etc. Afax 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 ofthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. 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. Atrave| 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 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI,TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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 from one's home to the airport fora business trip is not reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI,TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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 p.m. for dinner reimbursement, 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, fundraising, non -sufficient check charges, penalties and fines. Contract -American Red [roas-FY3;page 9 ORGANIZATION LETTERHEAD Monroe County Board ofCounty Commissioners Finance Department 5OOWhitehead Street Key West, FL33O4O The following is a summary of the expenses for for the time period of- to_______. CheCk# Payee Reason Amount 10I Company Rent $ X,X%X.XX 102 Company Utilities XXX.XX 104 Employee P/Rending O5/14/O1 XXX.XX 105 Employee P/Rending O5/28/O1 X(X](X (A) Total (8) Total prior payments $ X,XXX.XX (C) Total requested and paid (A+ D) $X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance ofcontract ([}-C) 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 ofthis organization. Furthermore, these expenses are in compliance with this organizat(on'scontract 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 toand subscribed before nnethis who is personally known to me. Notary Stamp Contract -American Red Cmos-FY3;page /0 0 - 0 O� U-MM W11=4 Attachment C List of Services I 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 orservices to a public entity, may not submit a bid on a contract with a public entity for the construction or repair ofa public building or public work, may not submit bids on leases ofreal property to public entity, may not beawarded or perform work as 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 of 36 months from the date of being placed on the convicted vendor list." Contract -American Red&os*F/3, page 12 SWORN STATEMENT UNDER ORDINANCE NO. 1U-t99O MONROE COUNTY, FLORIDA ETHICS CLAUSE 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 orpurchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid tothe former County officer oremployee. PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixedhis/her signature (name of individual signing) in the space provided above on this /�' �- day of ell NOTARYABLIC My commission expires: EABY T.KRBSSD MY COHMISSiON#B027691 EXPIRES: December 13,014 BOW mmBu* Notary SeMees Contract -An7efican RedCmos-Fv3; page,3 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287-087 hereby certifies that: (Name of Business) 1. Publishes o statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of rne|nbsin|ng adrug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities orcontractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as o condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no|o conbendene to, any violation of Chapter 893 (Florida Statutes) orofany controlled substance |avv of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5, Imposes sanction on, orrequire the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this Section. Asthe person authorized tosign the statement, Icertify that this firm complies fully with the above requirements. STATE {}F ,4�:o �P_l (Signature of Respondent) tbate PERSONALLY APPEARED BEFORE ME, the undersigned authority, being sworn by me, (name of mowmum signing) affixed his/her signature in the space provided above on this day of 20/�'. NOTAR PUB�LLIC My commission expires: 8ABYTKREGSLY My COMMISSION #B027691 EXPIRES: December |820}4 . Contract -American Red CmssfY/3;page /4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract# Contract with: Anchors Aweigh Club, Inc. Effective Date: 10/01}12 Expiration Date: 9/30/13 Contract Purpose/Description: Provides a facility for substance abuse services and direct services such as counseling, referrals and educational services in Monroe County. Contract Manager: Lisa Tennyson 4444 OMB/Grants (Name) (Ext.) (Department) for BOCC meeting CONTRACT COSTS Total Dollar Value of Contract: $2,200.00 Current Year Portion: $2,200.00 County Match: $_ ADDITIONAL COSTS Estimated Ongoing Costs: $ r For: (Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries, Division Director County Attorney Comments: CONTRACT REVIEW Changes Date In Needed --__ YesONoFl vpsFlN"o/� Yes[lNo5l OMB Form Revised 9/11/95 MCP #2 Date Out Reviewer OQLLIi- AGREEMENT This Agreement is made and entered into this 17th day of October, 2012, between the BOARD DFCOUNTY COMMISSIONERS OFMONROECOUNTY, FLORIDA, hereinafter referred toas "Board" or 'County," and Anchors Aweigh Club, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of substance abuse services, and WHEREAS, it is a legitimate public purpose to provide facilities and services for substance abuse services in Monroe County, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 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 substance abuse services to persons of Monroe County, Florida, shall pay to the PROVIDER the sum of TWO THOUSAND, TWO HUNDRED AND N{}/100 DOLLARS ($2,200'00) for fiscal year 2012-2013. 2. TERM. This Agreement shall commence on October 1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made 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 ascomplying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty 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 ofthis agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to a||ovv 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. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. 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. Contract -AIDS Kelp-FY3;page / 7. RECORDS. PROVIDER shall maintain all books records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FB, running from the date the monies were paid to PROVIDER. $8. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters orother materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination and GUIDESTAR printout indicating current 501(c)(3) status; (b) List of the Opganization's Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions reconnnnended/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (O Drganization'sCorporate Bylaws, which must include the onganization's mission, board and membership composition, and process for election of officers; (g) OrganizaUon's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment Q; (i) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers Served, and outcomes achieved; (j) Cooperation with County monitoring visits that the County may request during the contract yeor|and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the Scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment Cto residents of Monroe County, Florida. 11. ATT0/RNEYrS FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to Lonoau^AAD8H*lpfYt3;page 2 reasonable ottorney's fees court costs, investigative, and out-of-pocket expenses/ as an award against the non -prevailing party, and shall include attorney'sfees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The berms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use Dfcertain information. 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to itse|f, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage/ gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. 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. COMPLIANCE ISSUES 16. 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 oftermination tothe PROVIDER. 17. 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 ofappropriate local, State and/or federal certification and/or |icensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and itisexpressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1\ Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss, 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 U3C s. 794), which prohibits discrimination on the basis ufhandicaps; 4)The Age Discrimination Act of 1975, as amended (43 Contract-AIDSH*lp-FY/3; page 3 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5\ The Drug Abuse Office and Treatment Act of 1972 (PL92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of197U (PL91-G16), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7\The Public Health Service Act of1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time totime, relating to nondiscrimination on the basis of disability; 10\ Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. 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. 20. A1133UDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting Of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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 tothe total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. Contract -AIDS V*lp-fY3;page 4 25. ATTESTATIONS. PROVIDER agrees bo execute such documents asthe County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 27. 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, 28. PRIVILEGES AND IMMUNITIES. All ofthe privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant oragreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent oremployee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30- LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation ofConstitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. Noperson orentity shall beentitled torely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit ofany service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER orany agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement bysigning any such counterpart. Contract-AIDSVelp-FY3; page 33. 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: Grants Administrator and Monroe County Attorney 11OQSimonton Street POBox 1O2h Key West, FL33O4O Key West, FL 33041 For PROVIDER Judy8|unnenknanz, Executive Director Anchors Aweigh Club, Inc. 404V|rginia Street Key West, FL 33040 305-296-7888 34, GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable tocontracts made and tobeperformed entirely inthe State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution ofany other administrative or legal proceeding. 35. NON -WAIVER. Any waiver ofany 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. 36. SEVERAdBILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close aspossible tothe intent ofthe stricken provision. 37~ 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract-AIDSHolp-Fy/3; pap 6 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 Deputy Clerk BOARD OFCOUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Anchors Aweigh Club, Inc By Executive Di I rector Contract -AIDS Help-FY/3;page r ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines b} Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. Acover letter (see Attachment 8) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records ofthis organization. Furthermore, these expenses are in compliance with this organization'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." 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 beconsidered a||-indusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should bedirected to]O5-292-]534. 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 paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid 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. Acopy of the rental orlease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Cop' etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number ofcopies 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. Contract -AIDS Help-FY/3; page 8 TeUefax' 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 ofpertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose ofthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. 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. Atrave| 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 o 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. Adeta||ed list nfcharges is required on the lodging invoice. Balance due must bezero. Room must be registered and paid for bvtraveler. The County will only reimburse the actual room and related bed tax. Room Service, movies, and personal telephone calls are not allowable expens85. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. Anodometer 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 from one's home to the airport for business trip is not reimbursable expense. Meal reimbursement shall beatthe rates established by ARTICLE XXVI,TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after p.m. for lunch reimbursement, and before 6 p.m. and end after p.m. for dinner reimbursement. 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 inthe oontract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract-AIDSHolp-FY/3; page ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL33U4U The following is a summary of the expenses for for the time period of to . Check # Payee Amount 101 Company Rent $X,X%X.XX 102 Company Utilities XXX.XX 104 Employee P/Rending 05/14/01 XXX.XX 105 Employee P/Rending 05/28/O1 (X}i)(X (A) Total (B) Total prior payments $X,XXX.XX (C) Total requested and paid (Af B) $X,XXX.XX ([}) Total contract amount $ X,XXX.XX Balance ofcontract (D-C) 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 i compliance vvwith thisorganization's contract with the Monroe County Board �||notbesubrnittedfnrreirnbursernenttoanyoLherfunding o Director Attachments (supporting documentation) Sworn toand subscribed before who ispersonally known tome. Notary Public Notary Stamp Notafv 84024 Contract-AIDSHeip-FY3; page 10 Attachment Anchors Aweigh Club Services to be provided would be: To provide a place for meetings of Alcoholics Anonymous, Al -Anon, Narcotics Anonymous and other 12 step groups as approved by the Board of Directors, and to provide space for education, rehabilitation and social activities that will foster the interest of members in the aforementioned organizations. �~^(\ p���` PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity oirne 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 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 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 of 36 months from the date of being placed on the convicted vendor list." Contract -AIDS KelpFY/ctpage /2 SWORN STATEMENT UNDER ORDINANCE NO. 1O-199O MONROE COUNTY, FLORIDA ETHICS CLAUSE 1k`1"">', LOA L'Ooc)d warrants that he/it has not employed, retained or otherwise liad 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 ee, cmmiss* percentage, gift or consideration paid to the former County officer or�e�ptee. '� ./A \_~/ ~k"("I'2 (signature) Date: STATE OF COUNTY OF 0) PERB[}NALLYAPPEARED BEFORE ME, the undersigned authority, LOO 6 04 who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of , 20�'��_. NOTARY PUBLIC My commission expires: OMB-MCPFORM#o Expires Dec 7, 2012 (on*ect-A87SVelp-FY/4page /3 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Flo ida Statu e 287.087 hereby certifies that: 1.� 1 1�14 71 C. �(,J (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, Or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities or contractual services that are under bid e copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as condition of working on the commodities or contractual services that are under bid/ the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no|o contendere to, any violation of Chapter 883 (Florida Statutes) orofany controlled substance |avv of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes sanction on, orrequire the satisfactory participation in a drug abuse assistance nr rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes good faith effort to continue to maintain a drug -free workplace through implementation of this section. Asthe person authorized tosign the state with the above requirements. STATE 0F ` t�~�(signature of Respondent) ��~^^w /���/ ~~��^ � �~ Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, ~~~who, after first being sworn by me, (name of /nowmuu/ signing) affixed his/her signature in the space provided above on this 71 day of 200—. My commission expires: State of Ho6da MyC(�­w Expires Dec 7,2012 Commission Boided 7hmah National Notary Assn, Contract -AIDS HolpfY,3tpage /4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Be the Change of the Effective Date: 1[/{1/12 Florida Kevs. Inc. - Kids Come First Expiration Date: 9/3{/]3 Contract Purpose/Description: provides funding for the Kids Come First program to provide necessities such clothing, school supplies and other items to disadvantaged children in Monroe County. Contract Manager: Lisa Tennyson (Name) Total Dollar Value nfContract Budgeted?YesE No Grant: $0.00 County Match: ¢____ 4444 OMB/Grants (Ext.) (Department) nda[}ead|ine: CONTRACT COSTS $25^0{X}JI0 Current Year Portion: $25,000.00� Account Codes: 0X01-_0[3254�--530I340--____ - - - - ADDDIONALCOSTS Estimated Ongoing Costs: r For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, Division Director Risk Management C}.M.B./PurNsing County Attorney 91 , L)19 11 7 CONTRACT REVIEW Changes Needed Rev YesFlNo[l Y8S[] NoEJ Yes[]NOF1 Y8SFlNoE] UME3[onn Revised 9/11/95 MCP#2 Date Out AGREEMENT This Agreement is made and entered into this 17th day of October, 2012, between the BOARD OFCOUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA, hereinafter referred to as "Board" or "County," and Be the Change of The Florida Keys, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of clothing, school supplies, and other necessary items tudisadvantaged children in Monroe County, and WHEREAS, it is a legitimate public purpose to provide facilities and services related to provision of services to disadvantaged children, such as providing clothing, school supplies and other necessary items, etc., now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: IIHZIOR& 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the dudes of the Board as to providing facilities and services for disadvantaged children such as the provision of clothing, school supplies, and other necessary items in Monroe County, Florida, shall pay to the PROVIDER the sum of TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) for fiscal year2O12-2O13. 2. TERM. This Agreement shall commence on October 1, 2012, and terminate September ]O, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made 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 ascomplying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty 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 ofthis agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to a||ovv for continued reimbursement ofexpenditures 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. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract -Be The 3;page / 6. 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. 7. RECORDS. PROVIDER shall maintain all books records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement ortheir authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made orreceived by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination and GUIDESTAR printout indicating current 501(c)(3) status; (b) List of the C}rganization's Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend ¢150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (f) {}rganization'sCorporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served/ and outcomes achieved; (j) Cooperation with County monitoring visits that the County may request during the contract year; and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment Cto residents ofMonroe County, Florida. Contract -Be The 3;page 2 11. AlFTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses/ as an award against the non -prevailing party, and shall include attnrney'sfees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. 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. COMPLIANCE ISSUES 16. 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 toterminate this contract immediately upon delivery of vvr|t±eo notice oftermination tothe PROVIDER. 17. 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. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it|sexpressly understood that upon adeterrninat|on by court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (ZO Contract -Be The Change-KCF-FY/3;page 3 USC e5. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 U5C a. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5\ The Drug Abuse Office and Treatment Act nf 1972 (PL92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 8\ The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse oralcoholism; 7)The Public Health Service Act nf1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIIl of the Civil Rights Act of 1968 (42 USC s. etSeq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC a. 1201 Note), as maybe amended from time tntime, relating to nondiscrimination on the basis of disability; 10\ Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement, AMENDMENTS, CHANGES, AND DISPUTES 19. 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 bythe County. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue Or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided bythis Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree Ln participate, tothe extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party tnthis Agreement shall be required to enter into any arbitration proceedings related tnthis Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which vvnu|d conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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 tothe total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pnn| coverage shall not be deemed a waiver ofimmunity to the Contract -Be The Change-KCF-FY/3;page 4 extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees tn execute such documents aathe County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. 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 |nsaaa, 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. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and re|ief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant oragreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his orher individual capacity, and no member, officer, agent oremployee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent ufactual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit nfany service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as on original, all of which token together shall Contract -Be The Change-KDF-FY,��; page 5 constitute one and the same instrument and any of the parties hereto may execute this Agreement bysigning any such counterpart. 33. 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 asfollows: For Board: Grants Administrator and 11OOSimonton Street Key West, FL33O4O For PROVIDER Sunny Booker, Volunteer Program Manager Be the Change ofthe Florida Keys, Inc. 58OOOverseas Highway, Suite Marathon, Florida 33O4O 305-360-1689 Monroe County Attorney POBox 1O26 Key West, FL33O41 34, GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the |avva of the State of Florida applicable tocontracts made and to be performed entirely in the State. In the event that any Cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. 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. 36. SEVERABILITY. If any term, covenant, condition or provision nfthis Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court ofcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent perrnit1ad by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement vvnu|d prevent the accomplishment of the original intent of this Agreement, The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that cornea as close as possible to the intent of the stricken provision. 37. 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract -Be The page IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as ofthe day and year first written above. (SEAL) ATTEST: [}ANNYL. KOLHAGE, CLERK Deputy Clerk BOARD OFCOUNTY COMMISSIONERS OFMONRDECOUNTY, FLORIDA Bethe Change nfthe Florida Keys, Inc. - Kids Come First �� (Federal IDNo.' ) By Board President Contract -Be TheChange-KCF-FY/3; pager ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines tn Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, aathey relate tntravel, are from the Monroe County Code of Ordinances and State laws and regulations. Acover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the fn||nvving notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organizatinn'acontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed tothe 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 contnac±. This document should not beconsidered 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 paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid 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 orexpress deliveries, the vendor invoice must beincluded. 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 dote, number ofcopies 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. Contract -Be The page Tellefax, Fax, etc. Afax log is required. The log must define the sander, 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 nfthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code nfOrdinances and State laws and regulations. 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. Atrave| itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid raceipLs. 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 atthe destination. Airport parking during business trip isnot. A detailed list ofcharges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for bytraveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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 from one's home to the airport for business trip is not reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and and after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after p.m. for dinner reimbursement. 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, fundraising, non -sufficient check charges, penalties and fines. Contract -Be The 3; page ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 5OOWhitehead Street Key West, FL]3O4O The following is a summary of the expenses for for the time period of`______to_______. Check# Payee Reason Amount 10I Company Rent $X,XXX.XX 102 Company Utilities XX%.XX 104 Employee P/Rending US/14/O1 XXX.XX 105 Employee P/Rending O5/28/O1 )CXX.XX� (A) TVta| (B) Total prior payments ¢X,XXX.X% (C) Total requested and paid (A f B) ¢ X,XXX.XX ([>) Total contract amount $ X,XXX.XX Balance ofcontract ([>-C) I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization'acontract 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 20 by who is personally known to me. Notary Public Notary Stamp Contract -Be The C\anga-KCF-FY/3;page /0 ATTACHMENT C. Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) Provision of necessities such as clothing, sneakers, eyeqjasses, school supplies and other items to disadvantaged youth in Mgnroe County.. Contract - Be the Change -KCF-FYIJ page 91 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 ofa public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work asa contractor, supplier, subcontractor, orconsultant 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 of 36 months from the date ofbeing placed on the convicted vendor |ist." Contract -Be The �: page 12 SWORN STATEMENT UNDER ORDINANCE NO. 10-199O 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 employe Date: — STATE OF _MY COWSSION DU �56014 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 , 20_���. NOTARY PUBLIC My commission expires: 1,2 t� // -'� Contract -Be The 3; page/3 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, oruse ofacontrolled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities orcontractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no|o cmnLendere to, any violation ofChapter 893 (Florida Statutes) orofan , controlled substance law of the United States or any state, for o violation occurring in the workplace ce no later than five (5) days after such conviction. 5. Imposes sanction on, orrequire the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify I t this finnp|ieshuUywith the above requirements. COUNTY OF (Signature of Respondent) Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this My commission expires: Contract -Be The 3; page 14 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract# Contract with: Be The Change of the Effective Date: 1]0/0}1/12 Florida Kgys, Inc. - Monroe Youth Expiration Date: 9/30/13 Challenge Program Contract Purpose/Description: provides funding for Monroe Youth Challenge Prociram which includes violence and substance abuse prevention, academic and recreational activities, cultural diversity, personal development skills, etc., for youth in Monroe County. Contract Manager: Lisa Tennyson (Name) for meeting o (Ext.) (Department) 4444 OMB/Grants ndaQead|ine: CONTRACT COSTS Total Dollar Value of Contract: $25,l000.0K0 Current Year Portion: $25,000.00� Budgeted? Yes[] NoFl Account Codes: {X}1-([}238-53034}-____-____ Grant: $0J0} County Match: $____ ADDITIONAL COSTS Estimated Ongoing Costs: r For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Date In Needed Division Director YesEl Non Risk [��n�g t r Yes�]No� L] O.M.B./Purchasing YesElNoF1 County Attorney Yesn NoPfl Comments: OMB Form Revised 9/11/95MCP #2 Date Out Reviewer z� �'4�-[� AGREEMENT This Agreement is made and entered into this 17th day of October, 2012, between the BOARD OFCOUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Be the Change of the Florida Keys, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of violence and substance abuse prevention, academic and recreational activities, cultural diversity, personal development skills, etc., for youth, and WHEREAS, it is a legitimate public purpose to provide facilities and services related to violence and substance abuse prevention, academic and recreational activities, cultural diversity, personal development skills, etc, for youth, 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 in violence and substance abuse prevention, academic and recreational activities, cultural diversity/ personal development skills, etc., for youth living in Monroe County, Florida, shall pay to the PROVIDER the sum of TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) for fiscal year 2012-2013. 2. TERM. This Agreement shall commence on October 1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made 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 Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The orgnnizaUon's final invoice must be received within thirty 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 PROVIOER. 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 ofthis agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to a||ovv 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. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract -Be The Change-MYCP-FY13.; page 1 6. 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. 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant tothis Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, F5, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papery, letters orother materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter ofDetermination and GUIOESTAR printout indicating current 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be at least 5 and for each hoard rnennbmr please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Urganization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, o profile of clients (including residency) and numbers served, and outcomes achieved; h) Cooperation with County monitoring visits that the County may request during the contract year;and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board tosubstantially and satisfactorily perform and provide the services outlined in Attachment Cto residents ofMonroe County, Florida. Contract -Be The Change-MYCP-FY13.; page 2 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that inthe event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney^s fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney'sfees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313/ Florida Statutes, regarding, but not limited to/ solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. 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. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW, In providing all services pursuant tothis 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 toterminate this contract immediately upon delivery of written notice oftermination to the PROVIDER. 17. 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 end/or |icensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and itisexpressly understood that upon a determination by court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the data of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nnndiscrirnination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of Contract -Be The Change-MYCP-FY13,; page 3 race, color or national origin; 2\ Title IX of the Education Amendment of 1972, as amended (20 US[ ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4)The Age Discrimination Act of1B75, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1872 (PLq2-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6\ The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, gs. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time totime, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. 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. 20. AD0UKDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided bythis Agreement orby Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required bythe other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related tothis Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which vvVu|d conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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 bedeemed to impose any obligation upon the Board in addition tothe total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the Contract -Be The Change-MYCP-FY13.; page 4 government liability insurance pool coverage shall not be deemed a waiver ofimmunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents asthe County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 27. 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. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and ro|ief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent oremployee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be Construed as, relieving any participating entity from any obligation orresponsibility imposed upon the entity by law except to the extent of actual and Unne|y performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. Noperson orentity shall beentitled torely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit ofany service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER orany agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Contract -Be The Changa-MYCPfY3.;page 5 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement bysigning any such counterpart. 33. 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 aSfollows: For Board: Grants Administrator and 1100S\nnonton Street Key West, FL33U4U For PROVIDER Michele Sutter, Executive Director 8ethe Change ofthe Florida Keys, Inc. 58UOOverseas Highway Gu|fside Plaza Suite #6 Marathon, Florida 33050 305-743-4599 305-743-7044FAX Monroe County Attorney POBox 1O26 Key West, FL]3O41 34. GOVERNING LAWVENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the |8vvs of the State of Florida applicable tocontracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will ||e in the appropriate court or before the appropriate administrative body in Monroe County, The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or o term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver ofany 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 ofthe same conditions orcovenants orotherwise. 36. SEVERABILITY. If any term, covenant, condition or provision ofthis Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as dose as possible to the intent of the stricken provision. 37. 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 Contract -Be The Change-MYCP-FY13.; page 6 [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract -Be The Change-MYCP-FY13.; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk BOARD OFCOUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LIM Be The Change of the Florida Keys, Inc. - Monroe Youth Challenge Program (Federal IONo.z/ j- ) By Contract -Be The Change-MYCP-FY13.; page 8 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Munroe County business. These guidelines, as they relate tVtravel, are from the Monroe County Code ufOrdinances and State laws and regulations. Acover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs toalso contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records ufthis organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed tothe 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 bedirected tn 305-292-3534, Data Processing, PCTime, etc. The vendor invoice \srequired 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 orhourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid payroll taxes. Postage, Overnight Deliveries, Courier, etc. /\ log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight orexpress deliveries, the vendor invoice must beincluded. 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 ofcopies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be a\\owab\e. 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. Contract -Be The Chong*-/NY(JzFY/3.;page 9 TeUefan, Fax, etc. Afax log isrequired. 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 ufthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code ofOrdinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. Ifattending aconference ormeeting, acopy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. Atrave| 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. RuVrn must be registered and paid for bytraveler. The County will only reimburse the actual room and related bed tax. Aourn service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI,TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. Anodometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point ufdeparture. For example, driving from one's home to the airport fora business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. Meal guidelines state that travel must begin prior to 6 a.nn, for breakfast reimbursement, before noun and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after p.m. for dinner reimbursement. 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, fundraising, non -sufficient check charges, penalties and fines. Contract -Be The Change-MYCP-FY13.; page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board ofCounty Commissioners Finance Department SOOWhitehead Street Key West, FL]3O4O The following is a summary of the expenses for for the time period of- to______.. Check # Payee Amount 101 Company Rent $ X,XXX.XX 102 Company Utilities XXX.XX 104 Employee P/Rending O5/14/O1 XXX.XX 105 Employee P/Rending O5/28/O1 }(XX.XX (A) Total (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (Af B) $X,XXX.XX (D) Total contract amount $ X,XXX.X% Balance ofcontract (D-C) 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 th|songan\zat|un's contract 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 who is personally known to me. day of Notary Stamp ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) MYCP delivers unduplicated empowering programs to Monroe County youth. The programs, whether they are for the pre-school age group or high school, all encompass the Search Institutes Developmental Assets@. The emphasis IS on closing the achievement gap, drug, alcohol, tobacco and crime -prevention, and safety education. MYCP is dete rmined - -ermined to provide environments for the youth to thrive academically and socially. Our county wide year round services include educational, preventative , recreational , cultural, information a], referral, training and other services , Ali of the services provided by MYCP will benefit from this funding source. MYCP has secured community support by means of IDO's of volunteers to participate in our wildly popular events such as Peacelam, Challenge Day, 8TP (8th grade middle to high school transitional program), Playgroups, and Afterschool Clubs but these funds will primarily pay for the behind the scenes operations. MYCP currently does not have adequate staffing ratios in all areas of the Keys. In order for us to meet the demand and growth of our popular inspiring youth events we need to increase the numbers of hours dedicated to organizing the many volunteers and donated services to our organization. MYCP provides services created to Improve the quality of life for the young people of Monroe -County. In order to assure high quality effective programming throughout the Keys MYCP selects overlapping rogramming. Funding will be used to increase the number of team member hours to deliver a larger percentage Of Volunteers, mentors, and programs. Contract -Be The Change of the Florida Keys-MYC FYI .?.; page 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 orservices tV a public entity, may not submit a bid on a contract with a public entity for the construction or repair ofa public building or public work, may not submit bids on leases ofreal property to public entity, may not be awarded or perform work asa 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 of 36 months from the date of being placed on the convicted vendor list." Contract -Be The Change-MYCP-FY13.; page 13 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 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 nremployee 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 orpurchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid tuthe former County officer or employee Date: STATE OF--kL�16 n� ��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 � � 20_/_��, NOTARY PUBLIC My commission expires: 7) mmLENEMORNTO EXR Contract -Be The Change-MYCP-FY13.; page 14 The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of o0ntn3||ed substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (l). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are underbid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no|o conbendere to, any violation of Chapter 893 (Florida Statutes) urofany controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5)days after such conviction. S. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's oonnnnuniLy/ or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. Asthe person authorized tosign the statement, fy with the above requirements. STATE OF (Signature of Respondent) COUNTY OF Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this Contract -Be The Change-MYCP-FY13,; page 15 My commission expires: Vol Mo yn7UP,,br EXPIRES: January 29,2013 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: Big Pine Athletic Association, Inc. CONTRACT SUMMARY Contract # Effective Date: 1[/01/]2 Expiration [}ate:9/30/13 Contract Purpose/Description: provides youth programs and services for children of Monroe Contract Manager: Lisa Tennyson for BOCC meeting _4444 OMB/Grants (Ext.) (Department) endaOead|ine: CONTRACT COSTS Total Dollar Value of Contract: $44,000.00 Current Year Portion: $44,000.00� Budgeted?YesZ No[l Account Codes: 0X01- 53{[340--�----- (5nant: $OJ]O County Match: $____ ADDITIONAL COSTS Estimated Ongoing Costs: yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, Division Director RiGkMana ge me n t O.M,B/PuPlasing f4l' County Attorney ')/�7/ �� Comments: CONTRACT REVIEW Changes Needed Reviewer YesElNoO YeS|lNO[]^ YeSFlNoF1 YeSF-1NoRl ulviu,omnKev/sea9/ll/95McP#2 Date Out AGREEMENT This Agreement is made and entered into this 171h day of October, 2012, between the BOARD DFCOUNTY COMMISSIONERS OF MONROE COUNTY/ FLORIDA, hereinafter referred to as "Board" or "County," and Big Pine Athletic Association, Inc., hereinafter referred to as "PROVIDER," WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of activities for the wholesome development of youths' personal, social, physical, emotional and spiritual growth, and WHEREAS, it is legitimate public purpose to provide facilities and services for activities for the wholesome development of youths' personal, social, physical, ernotiona! and spiritual growth, 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 activities for the wholesome development of youths' personal, social, physical, emotional and spiritual growth in Monroe County, Florida, shall pay to the PROVIDER the sum of FORTY-FOUR THOUSAND AND NO/100 DOLLARS ($44,000.00) for fiscal year 2012-2013. 2. TERM. This Agreement shall commence on October 1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance (]Mice. The County shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty 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. 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. 5. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract -Big Pine Athletic-PY13;page 1 6~ 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. 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement ortheir authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreernent. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant tothis Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 8. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters orother materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter ufDetermination and GUl[}E3TAR printout indicating current 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent Msos| year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (f) Drganization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; /g\ Drganization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C\| (i) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved; h) Cooperation with County monitoring visits that the County may request during the contract year;and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10, SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board tosubstantially and satisfactorily perform and provide the services outlined in Attachment C to residents ofMonroe County, Florida. Contract -Big Pine AthleUc-FYJ3;page 2 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable atturnay's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney'sfees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift/ or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. 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. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant 1othis 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 sha|l constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice oftermination to the PROVIDER. 17. 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 iscontingent upon retention ofappropriate local, state and/or federal certification and/or |icensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and i1isexpressly understood that upon a determination by court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 Contract -Big Pine Athletic-FY23%page J USC ss. 1681-1683, and 1685-1686\, which prohibits discrimination on the basis of sex; 3\ Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4)The Age Discrimination Act of1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5> The [}rug Abuse Office and Treatment Act of1972 (PL92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse oralcoholism; 7) The Public Health Service Act of1912, ss. 523 and 527 (42 UBC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of a|Cohol and drug abuse patient records; 8\ Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.)/ as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9> The Americans with Disabilities Act nf 1990 (42 U3Cs. 1201 Note), as maybe amended from time totime, relating to nondiscrimination on the basis of disability; 10\ Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications ofthe services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the County. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related tothis Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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 tothe total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.38, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the Contract -Big Pine Athletic-FYI3;page 4 extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees toexecute such documents asthe County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 14011114 27. 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'afees) 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. 28. PRIVILEGES AND IMMUNITIES. All ofthe privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent oremployee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent ofactual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER orany agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall Contract-@�q Pine Athletic-FY13;page 5 constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in vvhMng and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party asfollows: For Board: Grants Administrator and 1100S|rnmnLon Street Key West, FL3304O For PROVIDER Dan Dombroski, Executive Direct Big Pine Athletic Association, Inc. Big Pine Key, Florida 33043 Monroe County Attorney PO Box 1026 Key West, FL33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida, The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. 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. 36. SEVERABILDTY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by o court ofcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by |avv unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract -Big Pine Athletic-FY13;page 6 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) BOARD OFCOUNTY COMMISSIONERS ATTEST: DANNYL. K{}LHAGE, CLERK {}FMONROECOUNTY, FLORIDA Deputy Clerk » itness Aj Big Pine Athletic Association, Inc. .� (Federal 1U �~ By Executive Director Contract -Big Pine Athletic-rY13;page 7 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contnactual parties who have reimbursable expenses associated with Monroe County business. These guidelines, asthey relate totravel, are from the Monroe County Code of Ordinances and State laws and regulations. Acover letter (see Attachment B\ summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." 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 bedirected to3O5-292-3534. 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 orhourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate 1othe County contract is required for reimbursement. For overnight orexpress deliveries, the vendor invoice must beincluded. Rents, Leases, etc. Acopy ofthe nan1a| orlease agreement isrequired. 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 a||ovvab|e. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies orservices ordered, avendor invoice isrequired. Contract -Big Pine 4thletic-FY13;page 8 Fax, etc. Ahax log is required. The log must define the sender, the intended recipient, the dote/ 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 ofthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. Ifattending aconference ormeeting, acopy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. Atrave| 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 bytraveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE %XVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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 from one's home to the airport fora business trip is not a reimbursable expense. Meal reimbursement shall beatthe rates established by ARTICLE XXVI,TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after p.rn, for lunch reimbursement, and before 6 p.m. and end after p.m. for dinner reimbursement. 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, fundraising, non -sufficient check charges, penalties and fines. Contract -Big Pine Athletic-FY13; page 9 ORGANIZATION LETTERHEAD Monroe County Board ofCounty Commissioners Finance Department 5OOWhitehead Street Key West, FL33O4O The following is a summary of the expenses for for the time period of to Check# Payee Reason Amount 101 Company Rent $X,XXX.XX 102 Company Utilities XXX.XX 104 Employee P/Rending O5/14/O1 XXX.XX 105 Employee P/Rending O5/28/O1 )00(j(X (A) Total (B) Total prior payments $X,XXX.XX (C) Tota| requested and paid (A+ B) $X,XXX.XX (0) Total contract amount $ X,XXX.XX Balance ofcontract (D-C) l 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 thisorganiration's contract 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 20 by who ispersonally known to me. Notary Public Notary Stamp Cmtmo-B�g Pine Athletic-FY13;page 2D ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) 5µ . m.ow 7 /7 C1 �Nlh 111011 Contract -Big Pine Athletic-FY1 3; page 11 PUBLIC ENTITY CRIME STATEMENT "A person oraffiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit bid on a contract to provide any goods orservices tV a public entity, may not submit a bid on a contract with a public entity for the construction or repair of public building orpublic work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as 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 of 36 months from the date of being placed on the convicted vendor list." Contract -Big Pine Athle0c-FY23;page 22 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 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 oremployee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section ] 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, consideration paid tothe former County officer Date:— 71 STATE OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, —Ia? —le —Li—?" f who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this �\ C k I— day of 2O_\'L�_. / NOTARY PUBLIC My orrnrn|ssion expires: P Notary PL4111ic stateof D%rjja ech :031231201)4 My ly OMB -MCP FORM #4 Contract -Big Pine Athlebc-FY23;page 13 The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as condition of working on the commodities or contractual services that are underbid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nm|o conLendene to, any violation of Chapter 893 (Florida Statutes) orofany controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes good faith effort tocontinue tomaintain adrug-free workplace through implementation of this section. As the person authorized tosign the statement, I certif t thi firm complies fully with the above requirements. STATE OF (Signature o—flWes—p-63—na—erity PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of mU|v/Uua| signing) affixed his/her signature in the space provided above on this day of 20 N -� My commission expires: NOTARY PUBLIC Notary Public State of Florida J'V �Y- ,7 OmnlMsfon DD960040 Contract-Biq Pine Athletic-FY13;page 14 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Boys and Girls Club of the Effective Oate:_10/{1/12 Keys Expiration Oate:_{y9/3U}/13 Contract Purpose/Description: development programs, and substance abuse education and prevention services for youth in Monroe County. Contract Manager: Lisa Tennyson 4444 OMB/Grants (Name) (Ext.) (Department) for BOCC meeting CONTRACT COSTS Total Dollar Value of Contract: $65,000.00 Current Year Portion: $65,000.00 Budgeted? Yes X No Account Codes: 001-03241-530340-- County Match: $_ ADDITIONAL COSTS (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Date In Needed Division Director Yes[:] NoF-1 Risk Manat YesFl No O.M.B/Pur�osing YesFlNoM County Attorney` YesEl NoWl uplb t-orn Kev/seU 9/1l/95MCP #2 Date Out Reviewer i� AGREEMENT This Agreement is made and entered into this 17th day of October, 2012, between the BOARD OFCOUNTY COMMISSIONERS OF MONRDE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Boys and Girls Club of the Keys, hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of activities for the wholesome development of youths' personal, social, physical, emotional and spiritual growth, and WHEREAS, it is legitimate public purpose to provide facilities and services for activities for the wholesome development of youths' personal, social, physical, emotional and spiritual growth, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, itisagreed 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 activities for the wholesome development of youths' personal, social, physical, and emotional growth in Monroe County, Florida, shall pay to the PROVIDER the sum of SIXTY-FIVE THOUSAND AND N{}/1OODOLLARS <$65,OOO.00\for fiscal year 2O12-2O13. 2. TERM. This Agreement shall cornrnenoa on October 1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made 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 tothe funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination dote of this contract shown in Article 2 above. After the {]ed« of the Board examines and approves the request for reimbursement, the Board shall reimburse the PR{}VIOER. 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 ofthis agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to a||ovv for continued reimbursement ofexpenditures 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. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose qfthis Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract -Boys and Girls Club fY13;pag 1 6. 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. 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement Vrtheir authorized representatives shall have reasonable and timely access to such records of each other party tothis Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant tothis Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, F5, running from the date the monies were paid to PROVIDER. 8. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters orother materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter ofDetermination and {]UIDE5TAR printout indicating current 501(c)(3) status; (b) List of the Drganizabon's Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (f) <]nganization's Corporate Bylaws, which must include the orgenization's mission, board and membership composition, and process for election of officers; (g) Drganization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within ]O days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved; (j) Cooperation with County monitoring visits that the County may request during the contract year|ond (k) Other reasonable reports and information related to compliance with applicable |evvs, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10, SCOPE OF SERVICES, The PROVIDER, for the consideration named, covenants and agrees with the Board tosubstantially and satisfactorily perform and provide the services outlined in Attachment Cto residents of Monroe County, Florida. Contract-Boyz,and Girls Club fFY/3; page 11. ATTORNEYS FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney'sfees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding/ but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use ofcertain information. 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount nfsuch fee, commission, percentage, gift, or consideration, 15. 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. COMPLIANCE ISSUES 16. 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 toterminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. 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 |icensure of the PROVIDER'S program and staff. 18. NON- DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and itisexpressly understood that upon a determination by court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Contract -Boys and Girls Club fFY/�page 3 llUe VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC sg. 1581-1683, and 1685-1686)/ which prohibits discrimination on the basis of sex; 3\ Section 504 of the Rehabilitation Act of 1973, as amended (20 UBC s. 794), which prohibits discrimination on the basis of handicaps; 4\The Age Discrimination Act of 1975, as amended (42 USCss, 6101-6107)vvhich prohibits discrimination on the basis ofage; 5\The Drug Abuse Office and Treatment Act of 1972 (PL92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7\The Public Health Service Act of 1912, Ss. 533 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8\ Title VIII of the Civil Rights Act of 1968 (42 U5C s, et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9\ The Americans with Disabilities Act of 1990 (42 U5C s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10\ Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. 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 bythe County. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided bythis Agreement orby Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party tothis Agreement shall be required to enter into any arbitration proceedings related tothis Agreement. 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited inthis Agreement. 23. 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 tothe total agreed upon reimbursement amount for the services of the PROVIDER. Contract -Boys and GotsClub fY�page 4 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 758.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver ofimmunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents asthe County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, asrequired bylaw. INDEMNITY ISSUES 27. 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\shaes\ 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. 28' PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and re|ief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits ofthe County. 29. NO PERSONAL LIABILITY. No covenant oragreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent oremployee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation ofConstitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent nfactual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. Noperson orentity shall beentitled torely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity orentities, have entitlements or benefits under this Agreement separate and apart, inferior to, orsuperior to the community in general or for the purposes contemplated in this Agreement. Contract -Boys and Girls Club fY/3:page 5 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement bysigning any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in vvhUng and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party asfollows: FgIBoard; Grants Administrator and 11OOSimonton Street Key West, FL33D4O Dan DonobrosN,Execubve Director Boys and Girls Club nfthe Keys 1400United St., Suite 100 Key West, FL33O4O 305-296-2258 305-296-8475FA% Monroe County Attorney PO Box 1026 Key West, FL33O41 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable tocontracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. 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 ofthe same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court nfcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by |avv unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with d valid provision that comes as close as possible to the intent of the stricken provision. ContracgBqysand Girls Club fY,3:page 6 37. 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract -Boys and Girls Club f9/3;page 7 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 ZAI Deputy Clerk 4rnWitness e s —s----r Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA E Mayor/Chairman Boys and Girls Club of the Keys (Federal ID el 66 W Im ecutive Di ON OE COUNTY ATTORNEY (,�PROVED AS TO FORM: � Z' "! . -ArLA In"K 6HRI-gfINE M. LIMBERT-BARROWS ASSlST4 ! r OOLIM1ITY ATTORNEY Date Contract -Boys and Girls Club -FY13; page 8 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, asthey relate Lotravel, are from the Monroe County Code of Ordinances and State laws and regulations. Acover letter (see Attachment B)summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and 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 and will not be submitted for reimbursement to any other funding source." 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 bedirected to3O5-292-3534. Data Processing, UoCTime, etc. The vendor invoice isrequired for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll Acertified statement verifying the accuracy and authenticity ofthe 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 paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid 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 Orexpress deliveries, the vendor invoice must be included. Rents, Leases, etc. Acopy ofthe rental orlease 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 ofthe finished product are required. Supplies, Services, etc. For supplies orservices ordered, a vendor invoice is required. Contract -Boys and Girls Club fv/3; page 9 Telefax, Fax, etc. Afax 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 ofpertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose nfthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel ExpenseS. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code o[Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending o conference or meeting, m copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. Atnave| itinerary is appreciated to facilitate the audit trail. Auto nenhs| reimbursement requires the vendor invoice. Fuel purchases should bedocumented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence tothe airport for a business trip is not reimbursable. Parking is considered reimbursable travel expense atthe destination. Airport parking during o 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 bytraveler. The County will only reimburse the actual room and related bed Lax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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 from one's home to the airport fora business trip is not reimbursable expense. Meal reimbursement shall beetthe rates established by ARTICLE XXVl,TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code of Ordinances. 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 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses /un|essspecific'||y included in the contract), entertainment expenses, fundraising, non-suMlci'ntcheck charges, penalties and fines. Contrao�o,YS and Girls Club -FYI 3: page 10 ATTACHMENT B Monroe County Board ofCounty Commissioners Finance Department SOOWhitehead Street Key West, FL33O4O The following isasummary ofthe expenses for (Organization for the time period of- to_______. Check # Payee Reason Amount 101 Company Rent $X,XXX.XX 102 Company Utilities XXX.XX 104 Employee P/Rending O5/14/01 XXX.XX IOS Employee B P/Rending 05/28/01 XXX=X}( (A) Tota| (B) Tota| prior payments $ %,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $X,XXX.XX Balance ofcontract (D-C) I certify that the above checks have been submitted tnthe vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization'scontract 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 20 by who |spersonally known tome. Notary Public Notary Stamp Contract -Boys and Girls Club fY/3;page 1/ ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) pa Contract-Boys and Girls Club -FY13,- page 12 PUBLIC ENTITY CRIME STATEMENT "/\ 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 orservices tV a public entity, may not submit a bid on a contract with a public entity for the construction or repair of 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 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 of 36 months from the date of being placed on the convicted vendor list." Contract -Boys and Girls Club fY3;page r3 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Ll IL, L L",ryl S 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, commt'5,%*e centage, gift, or 7 per consideration paid to the former County officer or empi Date:— STATE OF COUNTY OF (signature) PERSONALLY APPEARED BEFORE ME, the undersigned authority, L- �4y -Z,-' / who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this It —day of 20 \I_. NOTARY PUBLIC My commission expires: Notary P" OMB- MCP FORM #4rid &ootract-8oyuand Girls Club -FY3;page w DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Narhe of Business) 1. Publishes statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations ofsuch prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities orcontractual services that are under bid acopy ofthe statement specified insubsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as o condition of working on the commodities orcontractual services that are underbid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenclere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance \am/ of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes sanction on, orrequire the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 5. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. Asthe person authorized Losign the statement, with the above requirements. STATE OF (Signature of Respondent) COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this kc� �� day of IOp--. AlMy commission expires: PUBLIC Contract -Boys and Girls Club -pY/3;page /s MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Domestic Abuse Shelter, Effective Date: 10/01/12 Inc. Expiration Date: 9/30/13 Contract Purpose/Description: provides services such as shelter, counseling, and other appropriate services to persons affected by domestic and sexual abuse in Monroe County. Contract Manager: Lisa Tennyson 4444 (Name) (Ext.) (Department) for BOCC meeting CONTRACT COSTS Total Dollar Value of Contract: $30,000.00 Current Year Portion: $30,000.00 Grant: $0.00 County Match: $_ ADDITIONAL COSTS (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Date In Needed Division Director Yes[l No[—| Risk Management � YesFlNn� O.M.B,/Purcusing ^~ YesFlNo�3 County Attorney Ye�Fl No�� �� =w Comments: UMUI-onnKev|sedSyII/95 MCP#2 Date Out AGREEMENT This Agreement is made and entered into this 17th day of October, 2012, between the BOARD {}FCOUNTY COMMISSIONERS OF M()NN]E COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Domestic Abuse Shelter, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of comprehensive services for individuals and families experiencing domestic and sexual abuse, and WHEREAS, it is a legitimate public purpose to provide facilities and services for the provision of comprehensive services for individuals and families experiencing domestic and sexual abuse, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, itisagreed 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 comprehensive services for individuals and families experiencing domestic and sexual abuse in Monroe County, Florida, shall pay to the PROVIDER the sum of THIRTY THOUSAND AND NO/10ODOLLARS ($30,000.00)for fiscal year 2O1I-2013. 2. TERM. This Agreement shall commence on October 1, I012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted tothe Board via the Clerk's Finance {}Mice. The County shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The organizabon'5 final invoice must be received within thirty 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 ofthis agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to d|ovv 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. 5- CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose ofthis Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Abuse 8hmlter-FY/ztpage / 6. 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 he accounted for pursuant tostatutory requirements. 7. RECORDS. PROVIDER shall maintain all booke, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement ortheir authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were Spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55,03, FS, running from the date the monies were paid to PROVIDER. 8. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters orother materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination and GUIDESTAR printout indicating current 501(c)(3) status; (b) List of the Organizabon\s Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (f) DrgonizatiVn's Corporate Bylaws, which must include the organizaUon's mission, board and membership composition, and process for election of officers; (g) Organizabon's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within ]O days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved; (]) Cooperation with County monitoring visits that the County may request during the contract year;and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board tosubstantially and satisfactorily perform and provide the services outlined in Attachment CtD residents of Monroe County, Florida. AbuseShelter-FY/3; page 2 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that inthe event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attnrney's fees, court costs, investigative, and out-of-pocket expenses, as an avvan1 against the non -prevailing party, and shall include attorney'sfees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112,313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. 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. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant tothis 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 rnataha| breach of this agreement and shall entitle the Board toterminate this contract immediately upon delivery of written notice oftermination tothe PROVIDER. 17. 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, stabs and/or federal certification and/or |icensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and itisexpressly understood that upon a determination by court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County orPROVIDER agree tocomply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include butane not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-35I) which prohibits discrimination on the basis of race, color Or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 AbuseSheltepFv3; page 3 USC ss. 1681-1683, and 1585-1686\, which prohibits discrimination on the basis of sex; 3\ Section 504 of the Rehabilitation Act of 1973, as amended (20 USC o. 794), which prohibits discrimination on the basis of handicaps; 4)The Age Discrimination Act of 1975, as amended (42 USC ss, 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL9I-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6\ The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse oralcoholism; 7)The Public Health Service Act of1g12, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8\ Title VIII of the Civil Rights Act of 1968 (4I USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9\ The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time totime, relating to nondiscrimination on the basis of disability; 10\ Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement, AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications ofthe services and/or reimbursement of services shall be accomplished by an amendment, which must be approved |nwriting bythe County. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided bythis Agreement orby Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related tothe substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that noparty Lothis Agreement shall be required toenter into any arbitration proceedings related tothis Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NKDASSIGNMENT. 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 ofthe PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver ofimmunity to the AbuseShelter-FY/3; page extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents asthe County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 27. 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. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits ofthe County. 29. NO PERSONAL LIABILITY. No covenant oragreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity/ and no member, officer, agent oremployee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation ofConstitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by |avv except to the extent ofactual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31, NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit ofany service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall Abuse Shelter-pY/3;page 5 constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NO/TICE. 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, tothe other party asfollows: For Board: Grants Administrator and 11DOSimonton Street Key West, FL]]04U For PROVIDER Ven|ta Garvin Valdez, Chief Executive Officer Domestic Abuse Shelter, Inc. POBox 522696 Marathon Shores, FL 3305I 305-743-5452 305-289-1589FAX Monroe County Attorney POBox 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution ofany other administrative or legal proceeding. 35. 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. 36. SEVERAdBILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by |avv unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement, The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as dose as possible to the intent of the stricken provision. 37. 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Abuse Shelte+FY3;page 6 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 CA Deputy Clerk W i t BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman Domestic Abuse Shelter, Inc. (Fed era| ID No. Ely. Chief Executive Officer Abuse 30dter-FY/3;page 7 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate totravel, are from the Monroe County Code of Ordinances and State laws and regulations. /\ cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this onganizabon'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should bebilled tothe 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 beconsidered a||-inc|us\ve. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should bedirected to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice isrequired for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll Acertified statement verifying the accuracy and authenticity ofthe payroll expense isneeded. If a Payroll Journal is provided, it should include: dates, employee name, salary orhourly rote, total hours worked, withholding information and paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid 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 nrexpress 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. Abuse 3helte+FY/3;page 8 TeUefax, Fax, etc. Afax 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 ofthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. Ifattending aconference ormeeting, acopy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. Atrave| 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 reimbursable travel expense atthe 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 bytraveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall beatthe rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS/ AND MILEAGE POLICY ofthe Monroe County Code of Ordinances. 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 ofdeparture. For example, driving from one's home to the airport fora business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI,TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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. 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, fundraising, non -sufficient check charges, penalties and fines. Abuse Shelter-FY/3;page 9 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board ofCounty Commissioners Finance Department 5OOWhitehead Street Key West, FL33D40 Date The following is a summary of the expenses for for the time period nf`______to_______. Check # Payee Amount 101 Company Rent $X,XXX.XX 102 Company Utilities XXX.X% 104 Employee P/Rending 05/14/O1 XXX.X% 105 Employee B P/Rending 05/28/01 )0(Xj(X (A) Total (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (Af B) $X,XXX.XX (0) Total contract amount $ X,XXX.XX Balance ofcontract (D-C) I certify that the above checks have been submitted tothe 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 organizadon'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Chief Executive Officer Attachments (supporting documentation) Sworn tVand subscribed before rnethis ____ day uf________ who ispersonally known hnme. Notary Public Notary Stamp Abuse GhwVe,FY/z;page /0 ATTACHMENT C Services to be provided: a description nfyour organization including a list ofthe services that will beprovided by your organization under this contract.) Emergency Shelter: Temporary emergency housing for victims of domestic and sexual violence and their dependents and/or their caretakers. Shelter is available for six weeks and is located at undisclosed locations in the Middle Keys and Lower Keys. Shelter services are accessed 24 hours a day vie the hotline or during the day, in —person at any of the outreach offices located throughout the keys. Emergency shelter services include food, clothing, transportation and other personal items. 24-hourhnt|ine: Crisis counseling, advocacy, and information and referrals are available 24hours a day, seven days a week via our toll -free hotline. The hotline is answered by staff and volunteers trained in the dynamics of domestic and sexual violence aswell as area resources. Counseling: Supportive counseling and emotional support are available by phone or face-to-face. Counseling may be crisis orshort term, individual orgroup. Information D' Referral: Information and referrals are available 24hours through the crisis line, in both shelters and during office hours at the outreach sites. The program staff are knowledgeable about area services and resources and provide information appropriate to the individua|'s request. Service Management: Staff members assist program participants inidentifying service requests, and developing goals and aservice plan. Participants are supported inachieving their goals through staff support, advocacy and fo||mvv-up. Advocacy: Staff members provide intervention with criminal justice and social services systems on behalf ufand with permission of the participant to further goals and objectives initiated by the participant. Assessment of Children: An assessment is completed within 24 hours on each child over two who resides in she|ter, Every adult utilizing outreach services will be encouraged to have their child(ren) assessed by DAS staff. Children receive services to help process their feelings, develop non-violent coping strategies and create safety plans. Appropriate referrals for requested services are provided. Community Education: DAS provides presentations to the public, both in person and through the media, on the incidence and dynamics ofdomestic violence and sexual assault. The primary emphasis ofcommunity education is awareness, knowledge education and prevention. Professional Training: DA6 provides training on the incidence and dynamics ofdomestic violence and/or sexual violence to professions in the community whose work brings them in contact with victims of these crimes. Professionals include law enforcement, local hospitals, courts, housing providers and others. Sexual Assault Response Assistance: All shelter and outreach services are offered and available for victims of sexual violence. Additionally, all DASviotimn advocates are trained to provide specific advocacy, counseling and emotional support for individuals who have been victims ofasexual assault. Primary Prevention: Actions and strategies taken to prevent the likelihood of first offenses of intimate partner violence from omcurring. This includes county events directed toward social and policy change as well as work with youth on directing forming behaviors and characters towards non perpetration / non victimization. Contract -Domestic Abuse Shelter-FY/3;page /1 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 e contract with a public entity for the construction or repair ofa public building or public work, may not submit bids on leases ofreal property to public entity, may not be awarded or perform work asa 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 of 36 months from the date ofbeing placed onthe convicted vendor |ist." AbueShelte+FY13; page 12 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 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. G�J\u' —U, (signature) Date: � C) Gl� STATE OFF COUNTY OF Y C, jA-10 `- PERSONALLY APPEARED BEFORE ME, the undersigned authority, r? v.S `-- �'-, v 1, 0411, p f-Z who, after first being sworn by me, affixed his/her � signature (name �o-f individual signing) in the space provided above on this l day of — &'-� "" a , 20�. My commission expires: A � i Z.a ( OMB - MCP FORM #4 Z' Z NOTARY PUBLIC ROB L. SEIPELT Notary Public, State of Ohio My Commission Expires March 1, 2016 Contract -Domestic Abuse Shelter-FY13; page 13 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.0 7 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify hat this firm c m lies fully with the above requirements. STATE OF L�J o �`� C�<__ (��� (Signature of Respondent) COUNTY OF Vkck �'v1Q, — R — Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of `"k , 20 (z, _,zQ /, L", ___ PUBLIC Contract -Domestic Abuse Shelter-FY13; page 14 My commission expires: fvk_� f 2-C, BOB L. SEIPELT Notary Public, State of Ohio My commission Expires March 1, 2016 MONROECOUNTY BOARD OFCOUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Florida Keys Area Health Effective Date:_{0/{}1/12 Education Center, Inc. Expiration Date: _{y9/30y13 Contract Purpose/Description: provides health -related services for children and health education for Dersons in Monroe County. Contract Manager: Lisa Tennyson (Name) Total Dollar Value ofContract Budgeted?YesO NoFl {]rant: ${}j00 County Match: $____ 4444 OMB/Grants (Ext.) (Department) endaDead|ine: CONTRACT COSTS $4E,0800i{00 Current Year Portion: $45,000,00v Account Codes: 001-03239-530[340-____-____ - - - - ADDOIONALCOSTS Estimated Ongoing Costs: r. For:____ (Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Date In Needed Reviewer Division Director YesD N Risk y�an���rn t Yes NO�^[ O.M.B./Purgksing Yes[lNoM County Attorney YesF-lNOE] Comments: OMB Form Revised 9/11/95 MCP #2 Date Out � AGREEMENT This Agreement is made and entered into this 17th day of October, 2012, between the BOARD (}FCOUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Florida Keys Area Health Education Center, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of health -related services for children and health education, and WHEREAS, it is a legitimate public purpose to provide facilities and services related to health -related services for children and health education, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, itisagreed 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 health -related services for children and health education for persons living in Monroe County, Florida, shall pay tothe PROVIDER the sum of FORTY-FIVE THOUSAND AND NC>/lOO DOLLARS ($45,000.00) for fiscal year 2012-2013, 2. TERM. This Agreement shall commence on October 1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made 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 Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty 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. 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. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose ofthis Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract -FL Keys AHEC-FY3;page 1 6. 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. 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party tothis Agreement ortheir authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters orother materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter ofDetermination and GUIDEST7\R printout indicating current 501(c)(3) status; (b) List of the Organizadon's Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (f) Drganization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) OrganizaLion's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or |iaL of services to be provided under this contract with this grant (see Attachment C); (|) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved; (]) Cooperation with County monitoring visits that the County may request during the contract year;ano (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year, RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board tosubstantially and satisfactorily perform and provide the services outlined in Attachment [to residents of Monroe County, Florida. Contract -FL Keys AHECfY13tpage 2 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorn8y's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include atturney'sfees, courts costs, investigative, and out-of-pmcketexpenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATIOwU/PAYMEN1[. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. 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. 16. COMPLIANCE WITH LAW. In providing all services pursuant hnthis 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 toterminate this contract immediately upon delivery of written notice oftermination tothe PROVIDER. 17. 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 |icensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it isexpressly understood that upon a determination by court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County orPROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1> Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 Contract -FL Keys 4HECfY/3;page 3 USC se. 1601-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4\The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL92-255)/ as amended, relating to nondiscrimination on the basis of drug abuse; 6\ The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL91-G15), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of1912, ss. 523 and 527 (42 USC s5. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIIl of the Civil Rights Act of 1968 (42 USC s. et Seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time totime, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement, AMENDMENTS, CHANGES, AND DISPUTES 19. 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 bythe County. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution Can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved LV the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided bythis Agreement nrby Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree tn participate, Lnthe extent required bvthe other party, in all proceedings, hearings, processes, meetings, and other activities related tothe substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party Lothis Agreement shall be required to enter into any arbitration proceedings related tothis Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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 tothe total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver ofimmunity to the Contract -FL Keys AHBC-FY3; page extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 27. 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 at±orney'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. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation nfConstitutional or Statutory Duties. This Agreement isnot intended to, nor shall it be construed as, relieving any participating entity from any obligation nrresponsibility imposed upon the entity by law except to the extent ofactual and drne|y performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the harnls of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit ofany service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 32. Execution in Counterparts. This Agreement may be executed in any number of counLerparts, each of which shall be regarded as an original, all of which taken together shall Contract -FL Keys AHECfY/3;page a constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. 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: Grants Administrator and 11OOSimonton Street Key West, FL33O4O For PROVIDER Michael Cunningham, Chief Executive Officer Florida Keys Area Health Education Center, Inc. 58OOOverseas Highway, Suite 38 Marathon, FL 33050 305-743-7I11 305-743-7709FAX Monroe County Attorney PDBox 1OZ6 Key West, FL3]O41 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida, The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution ofany other administrative or legal proceeding. 35. 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. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court nfcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by |avv unless the enforcement of the remaining terms, Covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement, The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes asclose aspossible Lothe intent Vfthe stricken provision. 37. 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract -FL Keys AVEC-FY/3; page IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as o(the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk Witness Witness Florida Keys Area Health Education Center, Inc. (Federal I[}No.1tv, Aj ) By Contract -FL Keys AKEC-FY/3;page 7 ATTACH ENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate totravel, are from the Monroe County Code of Ordinances and State laws and regulations. Acover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted tnthe vendors as noted and that the attached expenses are accurate and in agreement with the records ofthis organization. Furthermore, these expenses are in compliance with this organizadon'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed tothe contracting agency. Third party payments will not beconsidered for reirnbursernenL. 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 beconsidered a||-indusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should bedirected to3O5-292-3534. Data Processing, PC Time, etc. The vendor invoice isrequired 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 orhourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, dote, payee, and support for applicable paid payroll taxes. Postage, Overnight Deliveries, Courier, etc. 4. log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight orexpress deliveries, the vendor invoice must beincluded. Rents, Leases, etc. /\ copy ofthe rental orlease agreement isrequired. 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 ofcopies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample Vfthe finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract -FL Keys AHEC-FY/3;page 8 Telefax, Fax, etc. /\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 ofpertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose ofthe call. Travel and Meal Expenses Travel expenses must be submitted On a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code ofOrdinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference ormeeting, acopy o[ the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. Atrave| 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 Lnthe airport for a business trip is not reimbursable. Parking is considered reimbursable travel expense at the destinatinn. Airport parking during a business trip is net. 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVl,TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. Anodometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office LV a point of departure. For example, driving from one's home to the airport for business trip is not reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI,TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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 p.m. for dinner reimbursement. 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, fundraising, non -sufficient check charges, penalties and fines. Contract -FL Keys AHfC-FY/3;page R ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board ofCounty Commissioners Finance Department 5OOWhitehead Street Key West, FL33O4O IM The following is a summary of the expenses for ( ) for the time period of to Check # Payee Amount 101 Company Rent $X,XXX.XX 102 Company Utilities XX%.XX 104 Employee P/Rending 05/14/01 XXX.XX 105 Employee P/Rending O5/28/O1 0(Xj(X (&) Total (B) Total prior payments $X,XXX.XX (C) Total requested and paid (Af B) $X,XXX.XX ([}) Total contract amount $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 organization's contract 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 who is personally known to me. Notary Public Notary Stamp MY COMMISSION # DD934529 EXPIRES: October 20, 2013 Contract -FL Keys AVECfY/3;page /D Attachment C Description of Services Funding will be utilized to provide comprehensive medical examinations for at risk children ages 1-5 in low income working poor families, children in protective services and/or families transitioning from Public Assistance. Specialty care is also coordinated and provided through the program as recommended by FKAHEC medical staff. Medical examinations take place in the 40 licensed Daycare home sites and facilities within Monroe County for approximately 450 children. The exams are offered to all children in the Fall followed by a secondary visit in the late spring and early summer. Every child with an identified medical concern receives a referral to a health care provider, follow-up care services by the FKAHEC staff, a second visit by FKAHEC medical staff members and is offered financial assistance for specialty care as requested and documented. Medical Exams include: 1. Immunization History. 2. Height, Weight, BMI and Body Fat%, Blood Pressure (if necessary). 3, Vision- Assessment tests for myopia (near sightedness), hyperopia (far sightedness), vision strength (20/20 etc), astigmatism (irregular focus of the eye) and Amblyopia (lazy eye). Test is conducted with a Welch Allyn SureSight Vision Screener portable Autorefractor. 4. Hearing -via DPOAE (Distortion Product Otoacoustic Emissions) and TEOAE (Transient Evoked Otoacoustic Emissions). Test is conducted with a Euro Scan Test system that tests and recognizes acoustic signals in the ear canal. 5. Oral Health Exam -Basic exam for cavities, gum disease -gingivitis, plaque buildup, poor hygiene, lingual frenuiectomy/frenectomy/frenotomy (tongue tied), bottle caries etc. Dr. Denise Vedrenne is part of the medical staff team offering oral health exams. 6. Ears, Nose and Throat exam. 7. Head, Skin and Scalp (Dermatological exam) 8. Hygiene. 9. Nutrition. 10. Allergies. 11. Recent injuries. 12. Current medications. 13. Referrals for specialty and secondary care. 14. Provision of health education material. 15. Follow-up with Parent (Direct contact from staff). 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 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 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 of 36 months from the date of being placed on the convicted vendor |ist." Contract -FL Keys AHBC-FY/3;page /2 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE ntsthathe/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 oremployee in violation of Section ] 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 ofany fee, commission, percentage, gift, or consideration paid to the former County officer It A V (s gnatu STATE 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 \'F,-S' day of � My commission expires \ (onoact-FLKeys 4HfZ;FY/3;page /3 DRUG -FREE WORKPLACE FORM The undersigneqvendor in accordance with Florida Statute 2E�,7.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities orcontractual services that are under bid acopy ofthe statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as condition of working on the commodities or contractual services that are underbid, the employee will abide by the &arrns of the statement and will notify the employer of any conviction of, or plea of guilty or no|o conhandene to, any violation of Chapter 893 (Florida Statutes) orofany controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, nrrequire the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. Asthe person authorized hosign the state with the above requirements, STATE OF — 1E1'_Z­_1,z>(2__t P�\_ Ilk �T '(Signature of`R�es�on_dent) COUNTY OF (\ Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of /nommua| signing) affixed his/her signature in the space provided above on this day of 2 My commission expires: NOTARY PUBLIC Contract -FL Keys AHECfY,3;page /4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: The Florida Keys Children's Shelter CONTRACT SUMMARY Contract # Effective Date: {j0/Y}1/1C2 Expiration Date: 9/30/13 Contract Purpose/Description: provides services such as shelter, and early intervention and prevention programs for youths and families in Monroe County. Contract Manager: Lisa Tennyson (Name) 4444 OMB/Grants (Ext.) (Department) ndaDeadUne: CONTRACT COSTS Total Dollar Value of Contract: $159,000.00 Current Year Portion: $159,000.00^~ Budgebed7YesZ NoFl Account Codes: {8}1-032]5-53{I340-____-____ Grant: $0J00 ____-___--___--__------- County Match: $____ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $___/yr For:____ (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Need/ Division Director Risk y4anG t N O.M.B./Pur�iasing Yes[]N mom OMB Form Revised 9/11/95 MCP #2 Date Out � ("i '�~['?- AGREEMENT This Agreement is made and entered into this 17th day of October, 2012, between the BOARD {}FCOUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and The Florida Keys Chi\dren's Shelter, hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of shelter and counseling toyouth and families, and WHEREAS, it is a legitimate public purpose to provide facilities and services for shelter and counseling to youth and families, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, itisagreed 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 shelter and counseling to youth and families living in Monroe County, Florida, shall pay to the PROVIDER the sum of ONE HUNDRED, FIFTY-NINE THOUSAND AND NO/100 DOLLARS /$159,000.00\ for fiscal year 2012-2013. 2. TERM. This Agreement shall commence on October 1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will besubmitted tothe 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 Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty 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 ofthis agreement. 4. 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. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and State funds to further the purpose ofthis Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract -FL Keys Ch&dr* 'sShelter-FY/3,page/ 6. PURCHASE OF PROPERTY. All property, whether real or persona[ purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreennent. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter ofDetermination and GU%[}ESTARphntout indicating current 501(c)(3) status; (b) List of the (}rganization's Board of Directors of which there must be at least 5 and for each board member please indicate when elected toserve and the length ofterm Vfservice; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions reconnnnended/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (f) (}rganizaUon's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Orgmnization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved; (1\ Cooperation with County monitoring visits that the County may request during the contract year; and (k) Other reasonable reports and information related to compliance with applicable |avv5, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board tosubstantially and satisfactorily perform and provide the services outlined in Attachment Cto residents of Monroe County, Florida. {onoaot-FLKeys Ch0dren'sShelter-FY/3;page 2 11. ATTORNEYS FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable at1orney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney'sfees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County, 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. 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. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant tothis 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 toterminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. 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 \icensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and itisexpressly understood that upon n determination by court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County orPROVIDER agree tocomply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Tide IX of the Education Amendment of 1972, as amended (20 Contract -FL Keys [h&dren'sG»o0e,FY,3;page 3 USC ss. 1681-1683, and 1685-1686\, which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4\ The Age Discrimination Act of 1975, as amended /42 USC ss. 6101-6107\ which prohibits discrimination on the basis of age; 5\The [}rug Abuse Office and Treatment Act of 1972 (PL92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse Vralcoholism; 7)The Public Health Service Act of1Q12, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8\ Title VIII of the Civil Rights Act of 1968 (42 USC S. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9\ The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time totime, relating to nondiscrimination on the basis of disability; 10> Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. 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. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties, If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, tothe extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related tothe substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related tothis Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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 tothe total agreed upon reimbursement amount for the services ofthe PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver ofimmunity bz the Contract -FL Keys Chxorem'sShelter-FY/3,page 4 extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees toexecute such documents asthe County may reasonably require, to include Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. 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 attornmy'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, orvolunteers. 28. PRIVILEGES AND IMMUNITIES. All ofthe privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution ofthis Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation ofConstitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity bylaw except to the extent ofactual and Mnneiy performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. Noperson orentity shall beentitled torely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit ofany service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall Conxar^FLKeys Lhmdr* 'sShe8e,pvY3;page5 constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. 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 msfollows: For Board: Grants Administrator and 11OOSimonton Street Key West, FL]3O4O For PROVIDER Kathleen TueU, Chief Executive Officer The Florida Keys Chi|dren\sShelter 73 High Point Road Tavernier, FL 33070 305-852-4246 305-852-6902FAX Monroe County Attorney POBox 1O26 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida, The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding, 35. 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 ofthe same conditions orcovenants orotherwise. 36. SEVERABILITY. D any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court ofcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by \avv unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement, The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as dose as possible to the intent of the stricken provision. 37. 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Conoact-p7LKeys [hVdren's8helter-FY,3;page 0 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS DFMONROECOUNTY, FLORIDA CA The Florida Keys Chi|dren's Shelter (Federal IDNo. By Chief Executive Officer Lonoaot-F1-Keys Ch0denb8oe8e+FY/3;page r ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines ho Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate totravel, are from the Monroe County Code ofOrdinances and State laws and regulations. Acover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs toalso contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not beconsidered 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 bedirected Lo3O5-292-3534. Data Processing, PC Time, etc. The vendor invoice isrequired 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 orhourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid 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 orexpress deliveries, the vendor invoice must beincluded. Rents, Leases, etc. /\ 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 data, 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 orservices ordered, a vendor invoice is required. Contract -FL Keys ChmYmn's Sheke,FY/3;page o Telefam, Fax, etc. Afax log isrequired. 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 ofthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. Ifattending aconference ormeeting, a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. Atrave| itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid rece|pts. 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI,TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. Anodometer reading must he 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 from one's home to the airport fora business trip is not reimbursable expense. Meal reimbursement shall beatthe rates established by ARTICLE XXVI,TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. 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 5 p.m. and end after p.m. for dinner reimbursement. 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, fundraising, non -sufficient check charges, penalties and fines. Contract -FL Keys [hVdmn'sShe8e+FY/3;page 9 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board ofCounty Commissioners Finance Department SOOWhitehead Street Key West, FL3]04O The following is e summary of the expenses for for the time period of`_____ —to_______. Check# Payee Reason Amount 101 Company Rent $X,XXX.XX 182 Company Utilities XXX.XX 104 Employee P/Rending O5/14/O1 XXX.XX 105 Employee P/Rending 05/28/O1 _-_)(X)(j(X (A) Total (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (Af B) $X,XXX.XX (D) Tota| contract amount $ X,XXX.XX Balance ofcontract (D-C) I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of 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 who is personally known to me. Notary Public Notary Stamp Conmmt-FLKeys {hadren'sSh*8e+FY/3,page /0 ATTACMENT C The Florida Keys Children's Shelter, Inc., a nationally accredited social service agency, has been serving at -risk children and their families in Monroe County since 1989. FKCS operates the only licensed emergency shelters for children in the Florida Keys. The agency's 19-bed shelter in Tavernier, FL serves young people ages 10 through 17 who have been abused, abandoned, neglected, have run away or are considered ungovernable by their parents. The shelter provides a safe environment for these young people to rebuild their lives and an opportunity for crisis intervention and counseling. Our 7-bed emergency home in Key West is for younger children, infants through age 10. All of these children have been removed from their families due to allegations of abuse or neglect. Our 7-bed group home in Key West is for children and young adults who have been unable to find appropriate placements in the foster care system. Between 150 and 200 youth per year spend time in these residential programs, interacting with our professional and caring staff. FKCS also serves between 150 and 200 youth each year through its community -based Counseling (non-residential) program. Master's level counselors, with offices at the Keys' three high schools, provide crisis intervention, individual, group and family counseling. Each client is allowed a maximum of 12 counseling sessions. In order to facilitate access to the program, counseling may be conducted in the home of the youth. This may be individual counseling with the, youth or family counseling. Services are paid for by the Department of Juvenile Justice contract and there is no expense to the families. FKCS operates a street outreach program for runaway and homeless street youth in Key West. This program operates out of a store front just off of Duval Street and works with youth who are currently living on the streets. The mission of this program is to make youth aware of the dangers and risks of street life, to help them reconnect to a family member or other safe adult, or to become a productive citizen in the community. List the services your agency provides: Emergency Shelter (10-17yrs old), Emergency Shelter (infant — I Oyrs old), Group Home (I ]- 17 yrs old), Community Based Counseling (children and their families), Street Outreach Program (Runaway and Homeless Street Youth) Specific services to be funded by this request: Monroe County fiscal support is the single most important and consistent community match for continuation of current contract dollars and services to local children, youth and families and provides general operating dollars that ensures access to a safe and nurturing residential environment. The money will serve as the community contribution required by the various contracts the agency receives and will be used for general agency operations. Contracts from state agencies are given out based on the allocations of funding made available to each state agency as opposed to actual costs per service. The local community is therefore expected to fund the difference via community contribution. Contract -FL Keys Children's Shelter-FY1 3; page 11 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 orservices tO a public entity, may not submit a bid on a contract with a public entity for the construction or repair ofa public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work asa 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 of 36 months from the date of being placed on the convicted vendor list." Contract -FL Keys Ch0dren'sShelter-F/3; page 12 ETHICS CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ?-v",�'t(*arrants 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 oremployee in violation of Section 3 of Ordinance No, 10-I990. 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 oremployee. STATE OF COUNTY OF 6" PERSONALLY APPEARED BEFORE ME, the undersigned authority, 'A" Y/1 le"", who, after first being sworn by me, affixed his/her signature (name ofindividual signing) in the space provided above on this day of NOTARY PUBLIC My commission expires: Sheila K Doerr OMB - MCP FORM #4 Contract -FL Keys ChVdmn's8hoker-FY/3;page /3 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no|o conbendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF C__) � COUNTY OF C; �� ([=�~~�~ d ,/^^ Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this ~ My commission expires: k, Doerr Contract -FL Keys Cnxdmn's6halter-FY/3Cpage ,4 MDNROECOUNTY BOARD OFCOUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Florida Keys Healthy Start Effective Date: 10/0}1/12 Coalition, Inc. Expiration Date: 9/30/13 Contract Prpose/D for uninsured and under -insured pregnant women in Monroe County. Contract Manager: Lisa Tennyson (Name) for Total Dollar Value of Contract Budgeted?YesE NoFl Grant: $0.00 County Match: 4444 OMB/Grants (Ext.) (Department) endoDead|ine: CONTRACT COSTS $3{,000]I0 Current Year Portion Account Codes: 00}1-0[3242-53034K0-_ - - - ADDITIONAL COSTS Estimated Ongoing Costs: $/yr For: (Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Date Out Date Needed Reviewer In Division Director YesF7 No Risk Management - YeS| | NOh]� O.M.B./Pu'�+�^SiDg 1-,o�]-1L-"'Yes[� No�� m CounLyAt±orney Yes[:] NoFO AGREEMENT This Agreement is made and entered into this 17th day ufOctober, 2012, between the BOARD (}FCOUNTY COMMISSIONERS OF M{}NRDE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Florida Keys Healthy Start Coalition, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of financial assistance with pre -natal care for uninsured and under -insured pregnant women in Monroe County, and WHEREAS, it is legitimate public purpose to provide facilities and services for financial assistance with pre -natal care for uninsured and under -insured pregnant women in Monroe County, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: uuitojaid 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 financial assistance with pre -natal care for uninsured and under -insured pregnant women living in Monroe County, Florida, shall pay to the PROVIDER the sum of THIRTY THOUSAND AND N{}/1OO($3O,000.O0)for fiscal year 2012-2O1]. 2. TERM. This Agreement shall commence on October 1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made 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 Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date ofthis contract shown in Article 2above. 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. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to a||ovv 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 |nvv. 5. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract-fIKeys HealthyStart-FY13; page 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, ahn|| become the property of Monroe County and shall be accounted for pursuant to statutory requirements. 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement ortheir authorized representatives shall have reasonable and timely access to such records of each other party to thisAoreernent for public records purposes during the term of the Agreement and for four years -||ovving the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, F8, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters orother materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter ofDetermination and GUIDESTAR printout indicating current 501/c)(3) status; (b) List of the Organization's Board of Directors of which there must be at least '5 and for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors} (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions reconornended/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (f) UrganizaLion's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) {)rganization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C)| (|) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types' and frequencies of services provided, a profile of clients (including residency) and numbersserved, and outcomes achieved; ' (j) Cooperation with County monitoring visits that the County may request during the contract year|and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment Cto residents ofMonroe County, Florida. ContractFl- Keys Healthy £tart-FY13;page 2 11. AT-TORNEY'SFEES AND COSTS. The County and PROVIDER agree that inthe event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonaNeat±orney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include at±orney'sfees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.]1], Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use ofcertain information. 14. NO SOLICITAiTION/PAY00ENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. 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. 16. COMPLIANCE WITH LAW. In providing all services pursuant tothis 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 toterminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. 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 ofappropriate local, state and/or federal certification and/or |icensurg of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it isexpressly understood that upon a determination by o court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 {ontract-ftKeys Healthy Start-FY13;page 3 USC ss, 1681-1683, and 1685-1686\, which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4\The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5\ The [}rug Abuse Office and Treatment Act of 1972 (PL92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention/ Treatment and Rehabilitation Act of 1970 (PL91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse oralcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VDl of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9\ The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time totime, relating to nondiscrimination on the basis of disability; 10\ Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement, AMENDMENTS, CHANGES, AND DISPUTES 19. 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. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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 bedeemed to impose any obligation upon the Board in addition tothe total agreed upon reimbursement amount for the services ofthe PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.20, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver ofimmunity to the Contract-ft Keys Healthy Start-FY3;page 4 extent of liability [overage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents asthe County may reasonably require, toinclude a Public Entity Crime Statement, an Ethics Statement, and Drug - Free Workplace StatennenL, 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. 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, orvolunteers. 28. PRIVILEGES AND IMMUNITIES. All ofthe privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability byreason ofthe execution ofthis Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent ofactual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party da|rn or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which token together shall Contract -FL Keys Healthy Stsrt+FYI3Cpage 5 constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. 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 asfollows: For Board: Grants Administrator and 11OOSimonton Street Key West, FL33O4O For PROVIDER Ahanno Nesbitt, Chief Executive Officer Florida Keys Healthy Start Coalition, Inc. t1ODSimonton Street, Room #1 P.O. Box6166 Key West, F[ 33041 305-293-8424 305-293-8542FAX Monroe County Attorney POBox 1O26 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a bsrnl of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. 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 ofthe same conditions orcovenants orotherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid orunenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as dose as possible to the intent of the stricken provision. 37. 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] [ontract-FIKeys Healthy 5tsrt-FY13;page 6 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as ofthe day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk BOARD DFCOUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Florida Keys Healthy Start Coalition, Inc, (Fed8ra|lONo. ) By, kk Ck KA to �\\� C �t t& Contract -Ft Keys Healthy 5tart-FY13; page 7 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, asthey relate hntravel, are from the Monroe County Code ofOrdinances and State laws and regulations. Acover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs toalso contain the following notarized Certified statement: "I certify that the above checks have been submitted tothe vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed tothe 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 bedirected tu 305-292-3534. Data Processing, PC Time, etc. The vendor invoice isrequired 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 orhourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid 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 Vrexpress deliveries, the vendor invoice must be included. Rents, Leases, etc. Acopy ufthe rental orlease agreement isrequired. 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 ofcopies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be o||ovvob|e. 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. [untrert-ftKeys Healthy 5tartfY23;page 8 Afax 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 /\ user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose ofthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. Ifattending aconference ormeeting, acopy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. Atrave| itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should bedocumented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence tothe airport for a business trip is not reinnbursab|e. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip isnot. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for bytraveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established byARTICLE XXVI,TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. Anodometer 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 from one's home to the airport fora business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. 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, Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included inthe contraot), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract-ftKeys Healthy Start-FY13; page 9 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board ofCounty Commissioners Finance Department SOOWhitehead Street Key West, FL33O40 low The following is a summary of the expenses for for the time period of- to_______. Check# Payee Reason Amount 101 Company Rent $X,XXX.XX 102 Company Utilities XXX.XX I04 Employee p/Rending O5/14/O1 XXX.%X I05 Employee B P/Rending 05/28/01 XXXj(X (A) Total (B) Total prior payments $X,XX%.XX (C) Total requested and paid (A + B) $ X,XXX.XX ([}) Tota| contract amount $ X,XXX.XX Balance ofcontract ([J-C) I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn boand subscribed before rnethis day of who |spersonally known Lome. Notary Public Notary Stamp [ootract-fIKeys Healthy Start-FY13;page 10 Florida Keys Healthy Start Coalition Organization Description: Attachment C Mission: The Florida Keys Healthy Start Coalition ensures that all parents and infants have access to resources and support to promote the health and well-being necessary for a successful pregnancy and a healthy start in life. Vision): A community working together to provide access to quality care for all pregnant women and infants inthe Florida Keys. Services tubeProvided: The Florida Keys Healthy Start Coalition will qualify and provide a financial subsidy to ensure pregnant women who are underinsured or uninsured have access to prenatal care through our Healthy Babies Program, This program assists women who would likely delay or forgo their prenatal care if this assistance was not provided. Both the care to be provided and financial arrangements are established in Vendor Agreement protocols inplace with participating providers. PUBLIC ENTITY CRIME STATEMENT "A person uraffiliate 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 ofa public building or public work, may not submit bids on leases ofreal property to public entity, may not be awarded or perform work asa 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 of 36 months from the date of being placed on the convicted vendor |ist." Cmtrart-ftKeys Healthy Start-FY13;page 12 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA 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 ] 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 orpurchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. / \ \ k \ /\ Date: ')- STATE OF CW COUNTY OF 0_)ooroe_,. PERSONALLY APPEARED BEFORE ME, the undersigned authority, D��Clnry who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this :]iAA day of NOTARY PUBLIC Mycornrnission expires: s-v� / )-(l\?> Contract -FL Keys Healthy 5tart-FY13;page 13 The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, Or use of O}ntn}||ed substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining adrug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. Inthe statement specified insubsection (1),notifies the employees that, asacondition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no|* cmotendere to, any violation of Chapter 893 (Florida Statutes) orofany controlled substance |ovv of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. Asthe person authorized bzsign the stat certifythat;with the above requirements. STATE OF(Signature of`ke`sp­ordent� COUNTY OF M Date who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of , 20 r� . [�y commission expires: ° 00��-�\'=^ � 'm" NOTARY PUBLIC EXPIR (onUract-fLKeys Healthy StartfY13;page 14 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # 2- Contract with: Florida Keys Outreach Effective Date: 10/01/11 Coalition, Inc. Expiration Date:9/30/12 13 Contract Purpose/Description: provides services such as shelter, transitional housing, case management, and referrals for homeless persons in Monroe County. Contract Manager: Lisa Tennyson (Name) for BOCC meeting 4444 OMB/Grants (Ext.) (Department) endaDead|ine: CONTRACT COSTS Total Dollar Value nfContract: $43,000 Current Year Portion: Budgeted?YesE NoFl Account Codes: 001-032086-530I340- [5rant: ${.[K) County Match: Match: $____ ' - - - ADDITIONAL COSTS Estimated Ongoing Costs: $____/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Date In Needed Division Director Yes[l 0nEl Risk Manat Yes�� Ndo O.M.B./Purchasing YesFlNoF1 County Attorney Iv/�� YesFl N"Rl Date Out Revi 4J2 421 U AGREEMENT This Agreement is made and entered into this 17th day of October, 2012, between the BOARD DFCOUNTY COMMISSIONERS OFMONROE COUNTY, FLORIDA, hereinafter referred h»as "Board" or "County," and Florida Keys Outreach Coalition, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is o not -for -profit corporation established for the provision of services such as shelter, transitional housing, case management and referrals for homeless persons in Monroe County to homeless individuals and families, and WHEREAS, it is a legitimate public purpose to provide facilities and services such as shelter, transitional housing/ case management and referrals for homeless persons in Munroe County, 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 such as shelter, transitional housing, case management and referrals for homeless individuals and families for persons living in Monroe County, Florida, shall pay to the PROVIDER the sum of FORTY-THREE THOUSAND AND NO/100 DOLLARS ($4],000.00) for fiscal year2O12-2O13. 2. TERM. This Agreement shall commence on October 1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made 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 ascomplying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The organ|zaUnn's final invoice must be received within thirty 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. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to a||nvv for continued reimbursement ofexpenditures 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. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract -FL Keys Outreach Coalition-FY3;page / 6. 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. 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement ortheir authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall aUnvv and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter nfDetermination and GUIDESTAR printout indicating current 501(c)(3) status; (b) List of the Organizatinn\s Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (f) (}rganizabnn'sCorporate Bylaws, which must include the nrganizadon's mission, board and membership composition, and process for election of officers; (g) Urganizatinn's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C)| (|) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved; (j) Cooperation with County monitoring visits that the County may request during the contract year;and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment Cto residents o[Monroe County, Florida. Contract -FL Keys Outreach CnafitionfY3; page 11. AOFTORNEY"S FEES AND COSTS. The County and PROVIDER agree that inthe event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attnrney's foes, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attnrney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not |lnn|ted to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit Or secure this Agreement and that it has not paid Or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. 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. COMPLIANCE ISSUES 16. 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 toterminate this contract immediately upon delivery of written notice Vftermination to the PROVIDER. 17. 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 iscontingent upon retention ofappropriate local, state and/or federal certification and/or |icensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and itisexpressly understood that upon a determination by court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of Contract -FL Keys Outreach QoafitimfY3;page 3 race, color or national origin; Z\ Title IX of the Education Amendment of 1972, as amended (30 USC ss. 1681-1583, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4\The Age Discrimination Act of 1975, as amended (42 USC ss, 6101-6107) which prohibits discrimination on the basis of age; 5) The [}rug Abuse Office and Treatment Act of 1972 (PL92-I55), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act nf1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this AMENDMENTS, CHANGES, AND DISPUTES 19. 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 bythe County. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the Mnat meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are sb|| not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided bythis Agreement nrby Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related tothe substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related tothis Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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 tothe total agreed upon reimbursement amount for the services of the PROVIDER, 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local ComraoHFt.Keys Outreach Copfitim-FYr3;page 4 government liability insurance pool coverage shall not be deemed a waiver nfimmunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees toexecute such documents asthe County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all dairng 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. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and |nnnnun|t)es from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits ofthe County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except bo the extent ofactual and dnne|y performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. Nnperson nrentity shall beentitled torely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER orany agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Contrac+ftKeys Outreach CoaVtionfv13; page 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement bysigning any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or nna||ed/ postage pre -paid, by certified mail, return receipt requested, tnthe other party asfollows: For Board: Grants Administrator and 11OOSimonton Street Key West, FL33U4O For PROVIDER Rev. Stephen E. Braddock, Chief Executive Officer Florida Keys Outreach Coalition, Inc. 3154NorthsideDrive, Suite 2O1 P.D. Box4767 Key West, FL 33041 305-293-8189 305-293-8276FAX Monroe County Attorney PO Box 1026 Key West, FL33O41 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable tocontracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. 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 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. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court nfcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by |avv unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. 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. Contract -FL Keys Outreach LoalitionfY,3; page [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract -FL Keys Outreach Coalition-FY13; page 7 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 Deputy Clerk 0-7 CVWti&t jA)'Lt41-ant4j.J Witness BOARD DFCOUNTY COMMISSIONERS {}FMUNROECOUNTY, FLORIDA 39 Florida Keys Outreach Coalition, Inc. (Federal IDNn. 65O4O ) Chief Executive Officer Contract -FL Keys Outreach {oulitimfY3;page 8 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines tn Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate totravel, are from the Monroe County Code of Ordinances and State laws and regulations. Acover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and 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 and will not be submitted for reimbursement to any other funding source." 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 bedirected to 305-292-3534. Data Processing/ PC Time, etc. The vendor invoice isrequired 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 nrhourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the fn||nvving information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid 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 orexpress deliveries, the vendor invoice must beincluded. 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 ofcopies 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 orservices ordered, a vendor invoice is required. Contrax�L,Keys Outreach [oaUitiom-FY3;page 9 TeUefax, Fax, etc. Afax 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 Auser log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose ofthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County [ode of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. Ifattending aconference ormeeting, acopy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. Atrave| itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should bedocumented 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 bytraveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must beincluded onthe state travel voucher for vicinity travel. Mileage isnot allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVl, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Munroe County Code of Ordinances. Meal guidelines state that travel rnust 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 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included inthe contraot), contributions, depredation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract -FL Keys Outreach CoafitioofY3; page,0 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500VVhiiehead Street Key West, FL33D4O The following is a summary of the expenses for for the time period ofto . Cbeck# Payee Reason Amount 101 Company Rent $X,XXX.XX 102 Company Utilities XXX.XX 104 Employee P/Kending O5/14/O1 XXX.XX 105 Employee p/Rending O5/28/O1 XXX^)(X (A) Tota| (B) Total prior payments $X,XXX.XX (C) Total requested and paid (Af B) $X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance ofcontract (D-C) I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of 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 who ispersonally known tome. Notary Public Notary Stamp Contract -FL Keys Outreach [oa8tiomFY/3;page 1/ ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) FKOC provides homeless individuals and families with emergency shelter, transitional housing, permanent supportive housing, case management, outreach/referral, and a food pantry. Services that will be partially funded under this contract include operations and supportive services at five facilities consisting of 20 emergency shelter beds for unaccompanied men; 95 transitional housing beds for single men, single women, pregnant women, single parent and intact families with children; and 7 permanent supportive housing beds for families comprised of one or more members with a disability. Contract-Fl- Keys Outreach Coalition-FY 13; page 12 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 ofa public building or public work, may not submit bids on leases of real property to public entity, may not beawarded or perform work asa 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 of 36 months from the date ofbeing placed on the convicted vendor |ist." Contract -Ft. Keys Outreach {oafidonfY/3;page /3 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Florida Keys Outreach Coalition, Inc (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse ]. Gives each employee engaged in providing the commodities orcontractual services that are under bid a copy nfthe statement specified in subsection /1\. 4. In the statement specified in subsection (1), notifies the employees that, as condition of working on the commodities orcontractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no|o contendene to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance |ovv of the United States or any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes sanction on, orrequire the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized tosign the statement, I certify that this firm complies fully with the above requirements. STATE OF Florida (Signature of Respondent) COUNTY OF Monroe August 6, 2012� Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, Rev. Stephen E. Braddock who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of ff 20/2 L", b � My commission expires: e'y P14V Notary Public State of Florida Marilyn H Smith MY Commission EE 193476 �op IV Expires 06/26/2016 Con*uct'FLKeys Outreach C»a8UonfY/3;page /5 SWORN STATEMENT UNDER ORDINANCE NO. 1O-199O MONROE COUNTY, FLORIDA ETHICS CLAUSE F1 N�oys Outreach Coalition, Inc.warrants that he/ithas not employed, retained or otherwise had act on his/its behalf any former County officer oremployee 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 ofany fee, commission, percentage, gift, or consideration paid tothe former County officer oremployee. Date: August 6, 2012 STATE OF Florida Monroe PERSONALLY APPEARED BEFORE ME, the undersigned authority, Rev. Swho, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of NOTARY PUBLIC My commission expires: A& Notary Public State of Florida Marilyn H Smith OMB - MCP FORM #4My Commission EE 193476 Expires 06/2612016 Contract -FL Keys Outreach Coa0tionfY3; page,4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: The Good Health Clinic Effective Date: 10/01}12 Expiration Date: 9/30V13 Contract Purpose/Description: provides health cane services for disadvantaged persons in the Upper Keys of Monroe County. Contract Manager: Lisa Tennyson (Name) for B{}CCmeeting 4444 OMB/Grants (Ext.) (Department) ndaDead|ine: CONTRACT COSTS Total Dollar Value ufContract: $63,400.00 Current Year Portion Budgeted? Yes[] No[l Account Codes: 53[[340 Gnant: $0.{D} — ----------------- [ountyMatch: $____ - - - ADDDIONAL COSTS Estimated Ongoing Costs: yr For: (Not included indollar value above) /eg. maintenance, utilities, janitorial,sa|aries, CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director YesM N Risk Manag m nt LJ YeS[lNO[�� O.M.B./Purchasing Yes[lNOf7-11 County Attorney ~ y8S[l Nnffl unoronnnev/sea wi ivjLp;rz AGREEMENT This Agreement is made and entered into this 17th day of October, 2012, between the BOARD OFCOUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and The Good Health Clinic, hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of health care services todisadvantaged residents in the Upper Keys area, and WHEREAS, it is a legitimate public purpose to provide facilities and services related to health care for the disadvantaged residents in the Upper Keys area, 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 health care for disadvantaged persons living in Monroe County, Florida, shall pay to the PROVIDER the sum of SIXTY-THREE THOUSAND, FOUR HUNDRED, AND NO/100 DOLLARS ($63,4OO.DO)for fiscal year 2O12-2013. 2. TERM. This Agreement shall commence on October 1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made 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 Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty 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 gunn shall not exceed the total amount shown in Article 1, above, during the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to a||ovv 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. 5. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. 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. Contract -Good Health (JinicfY/3(page 7 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant tothis Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter ofDetermination and GUIDESTAR printout indicating current 501(o)(3) status; (b) List of the Organization's Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (f) C}rganization's Corporate Bylaws, which must include the organization's mission, hoard and membership composition, and process for election of officers; (g) C}rgonizatiun's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved; (j) Cooperation with County monitoring visits that the County may request during the contract year; and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board tosubstantially and satisfactorily perform and provide the services outlined in Attachment Cto residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of a{±|0n or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to Contract -Good Health [linic-FY1 3; page 2 reasonable attVrnay's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include aLtorney'sf8eS, courts costs, investigative, and out-of-pVcketexpenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public offioana and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. 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. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant tothis 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 oftermination to the PROVIDER. 17. 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 |ioensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and itisexpressly understood that upon a determination by court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 US[ ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation A{1 of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4\ The Age Discrimination Act of 1975, as amended (42 Contract -Good Health LlinicfY/3:page 3 USC ss, 5101-6107> which prohibits discrimination on the basis of age; 5\ The []rug Abuse Office and Treatment Act of 1972 (PL92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P[91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)The Americans with Disabilities Act of 1990 /42 USC s. 1201 Note), as maybe amended from time totime, relating to nondiscrimination on the basis of disability; 10\ Any other nondiscrimination provisions in any Federal or state statutes which may apply to the pa/ties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. 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. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners, If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided bythis Agreement orby Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party tothis Agreement shall be required to enter into any arbitration proceedings related tothis Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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 bedeemed to impose any obligation upon the Board in addition hothe total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDED in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver ofimmunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. Contract -Good HealthClinic-FY/3; page 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. 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, orvolunteers. 28. PRIVILEGES AND IMMUNITIES. All ofthe privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent oremployee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability byreason ofthe execution ofthis Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory dudes of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to no|y upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER orany agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities/ have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 2*4114AUI 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement bysigning any such counterpart. Contract -Good Health Clinic-FY3; page 5 33. 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 a5follows: For Board: Grants Administrator and 1100Sirnonton Street Key West, FL33O4O For PROVIDER KimSovia-Cnyndon, Executive Director The Good Health Clinic 91555Overseas Highway Tavernier, FL 33070 305-853-1788 305-853-1789FAX Monroe County Attorney POBox 1O26 Key West, FL33O41 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, The County and PROVIDER agree that, in the event of conflicting interpretations of the barnna or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. 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. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court ofcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract -Good Health Clinic-FY3; page 6 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 Deputy Clerk BOARD OFCOUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA The Good Health Clinic (Federal ID N Contract -Good Health Clinic-FY3;page 7 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate totravel, are from the Monroe County Code of Ordinances and State laws and regulations. Acover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs toalso contain the following notarized certified statement: "I certify that the above checks have been submitted tothe vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization!scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed tothe 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 authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary orhourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, dote, payee, and support for applicable paid 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. Acopy ofthe rental orlease agreement isrequired. 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 dote, 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 orservices ordered, avendor invoice isrequired. Contract -Good Health Clinic-FY73; page Tellefam, Fax, etc. Afax log isrequired. 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 ofthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code ofOrdinances and State laws and regulations. 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. Atrave| 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 bytraveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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 from one's home tothe airport fora business trip is not reimbursable expense. Meal reimbursement shall beaLthe rates established by ARTICLE XXVI,7'RAVE[, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depredation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract -Good HealthClinic-FY3; page 9 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board VfCounty Commissioners Finance Department 500VVhitehead Street Key West, FL3]O4O Date The following is a summary of the expenses for () for the time period of______ -to______. Check# Payee Reason Amount 101 Company Rent $X,XXX.XX 102 Company Utilities XXX.%X 104 Employee PYRending O5/14/O1 XXX.XX 105 Employee B P/Rending O5/28/O1 C8}(]0( (A) Tota| (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (Af B) ¢X,XXX.XX (D) Total contract amount $ X,XX%.XX Balance ofcontract ([}-C) 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 thisorganizadon's contract with the Monroe County Board of County Commiosioners an ill not be submitted for reimbursement to any other funding Attathrnents(supporting documentation) Svvonl to and subscribed before me this day of 20 by who ispersonally known tome. Notary Public Notary Stamp Contract -Good Health [VinicfFY13;page 70 Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) Organization : The Good Health Clinic /GHC\isanon-profit 5O1/d(3)service organization that provides free primary, secondary, tertiary, ancillary and specialty and sub -specialty healthcare services in its entirety to qualified residents and qualified work force residing in the Upper Keys. The GHC will provide free preventive healthcare choices, quality of life preventative healthcare programs and free medications, toinclude all necessary surgical procedures. Patients have access towell over sixty three (63) physicians, specialty physicians and technicians' associated with our healthcare program services Services tobeprovided will be: The GHC will provide, on a gratis basis, non -emergent medical care and services that included; general n)edicaKur|nnerycare; specialty and sub -specialty care; linkage to free secondary and tertiary care, Services will also include; internal medicine, general surgery, gynecology, dermatology, neurology, oncology, ophthalmology, ear, nose, throat, orthopedic surgery, podiatry, optometry, and mental health services. The GHCe|so provided medications through pharmaceutical industry sponsored prescription assistance "compassionate need" and related programs as well as lab and other outpatient services. Contract -Good Health Clinic-FY13; page 11 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 bid on a contract to provide any goods orservices ho a public entity, may not submit a bid on a contract with a public entity for the construction or repair Vfa public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work mso 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 of 36 months from the date ofbeing placed onthe convicted vendor |ist." Contract -Good HealthQnic-F/3; page 12 SWORN STATEMENT UNDER ORDINANCE NO. 1O-199O 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, centage, or consideration paid to the former County officer or employee. '4 P�' Date: � STATE OFCL 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 providedon this / day of ,20_��=. / My commission expires: S) �2�11q Notary Public - State ot Florida My Comm. Expires May 24, 2014 Commission # DO 995243 Bonded Through Nationat Notary Assn, Contract -Good Health Cfinic`FY/3;page /3 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the arnp|nycey that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no|o contendere to, any violation nfChapter 893 (Florida Statutes) nrofany controlled substance |avv of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes asanction on, orrequire the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6, Makes m good faith effort to continue to maintain a drug -free workplace through implementation of this secLinn. Asthe person authorized tosign the statemen�t, I ce ify that t rm complies fully with the above requirements. STATE OF 2ig COUNTY OF {�///� Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, being svvnnn by me, (name of x/uwmum signing) affixed n| natura mthe space provided above on this day of 2 My commission expires: ~~ ��u��y� Nr»RY PUBLIC/ ADRIANA oforn, Of Florida �oud - c�o���� Health [�n�'FY/��po6m /4 Assn,� MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Grace Jones Community Effective Date: .10/l01/1[2 Day Care Center Expiration Date: 9/30/,13 Contract Purpose/Description: provides funding for the "Back Packs 4 Kids" program to provide food items to disadvantaged children in Monroe CouDty. Contract Manager: Lisa Tennyson (Name) 4444 OMB/Grants (Ext.) (Department) endaDead|ine: � CONTRACT COSTS Total Dollar Value of Contract: $40^0X00j00 Current Year Portion: $4{,[X}{.00°~ Budgeted?YesO No[l Account Codes: [X}1--03224-53{I340- (5rant: ${.{X0 ____-------------------- County Match: $____ ADDITIONAL COSTS Estimated Ongoing Costs: $___/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Date Out Date In Needed Reviewer,—, Division Director YesO NoEl SMUMEM AUG�� ���� ,'�= � = ��,� AGREEMENT FkWW09pL This Agreement is made and entered into this 17th day of October, 2012, between the BOARD DFCOUNTY COMMISSIONERS OF M{)NKOE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Grace ]ones Community Day Cara Canter/ hereinafter referred to as "PROVIDER," WHEREAS, the PROVIDER isa not -for -profit corporation established toprovide educational and nutritional services to disadvantaged children in Monroe County, and WHEREAS, it is a legitimate public purpose to provide facilities and services related to the provision of educational and nutritional services to disadvantaged children, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: AUZN014ZE0 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 related to provision of educational and nutritional services to disadvantaged children in Monroe County, Florida, shall pay to the PROVIDER the sum ofFORTY THOUSAND AND NO/100 DOLLARS ($40,000.00) for fiscal year2U12-2O13. 2. TERM. This Agreement shall commence on Dctober1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made 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 Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expanse 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty 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. 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. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract - Grace Jones Community Day Care Cente,Fv/3;page / 6. 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. 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement nrtheir authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, PS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation ofthis provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter ofDetermination and {SUIDESTAR printout indicating current 501(c)(3) status; (b) List of the DrganizaUnn's Board of Directors of which there must be at least 5 and for each board member please indicate when elected toserve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expand $150,000 a year or rnnre> if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (f) Organization'sCorpnrata Bylaws, which must include the organizaUon's mission, board and membership composition, and process for election of officers; (g) Drganization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end data.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved; (j) Cooperation with County monitoring visits that the County may request during the contract yeor;and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. Contract — Grace Jones Community Day Care DentepFY/3;page 2 11. ATTORNEYS FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney'sfaeS, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13- CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting ernp|nyrnant or contractual relationship; and disclosure or use ofcertain information. 14. NO SOLICITA0ION/PAY0NEN1[. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than o bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. 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. COMPLIANCE ISSUES 16. 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 Loterminate this contract immediately upon delivery of written notice oftermination to the PROVIDER. 17. 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 iscontingent upon retention ofappropriate local, state and/or federal certification and/or |icensure of the PROVIDER'S program and Staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any parson, and it isexpressly understood that upon o determination by court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the data of the court order. County orPROVIDER agree tn comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2\ Title IX of the Education Amendment of 1972, as amended (20 Contract —Grace Jones Community Day Care Cpnter-FY/3;page 3 USC ss. 1681-1603, and 1685-1685), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of1S75, as amended (42 U5[ ss. 6181-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of1972 (PL92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6> The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ea-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USCs. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement, AMENDMENTS, CHANGES, AND DISPUTES 19. 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 bythe County. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at public meeting of the Board of County Commissioners, If the issue or issues are still not nysn|vad to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided bythis Agreement orby Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required bythe other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related tnthis Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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 tothe total agreed upon reimbursement amount for the services ofthe PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec 760.38, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any cornrnarciD| liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver ofimmunity io the Contract - Grace Jones Community Day Care CentepFY/3;page v extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATION& PROVIDER agrees toexecute such documents asthe County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance ofthis Agreement have been duly authorized by all necessary County and corporate action, as required by law. 27' 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 expanses (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. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent LV the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant oragreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except tQ the extent ofactual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit ofany service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general orfor the purposes contemplated inthis Agreement. 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall Contract — Grace Jones Community Day Care (enmr-FY/3;page 5 constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart, 33. 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: Grants Administrator and 11OOSimonton Street Key West, FL33U4O For PROVIDER Iris Coe, Executive Director Grace ]ones Community Day Care Center 23O41'`Street Marathon, FL 33050 305-743-6064 305-289-7251FAX Monroe County Attorney PO Box 1026 Key West, FL33O41 34- GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will }|e in the appropriate court or before the appropriate administrative body in Mnnn}a County, Florida, The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. 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 ofthe same conditions or covenants or otherwise. 36. SEVERAUBILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court ofcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract — Grace Jones Community Day Care Conter-FY/3;page s 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 Deputy Clerk BOARD OFCOUNTY COMMISSIONERS OFMONRDECOUNTY, FLORIDA Grace ]ones Community Day Care Center (Federal IC Executive Director Contract — Grace Jones Community Day Care C*nter-FY/3;page r ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENT This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, aSthey relate totravel, are from the Monroe County Code ofOrdinances and State laws and regulations. Acover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "Icertify that the above checks have been submitted tothe vendors osnoted and that the attached expenses are accurate and in agreement with the records ofthis organization. Furthermore, these expenses are in compliance with this nrganization'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement tO any other funding source." Invoices should be billed tothe 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 bedirected tn3O5-292-3534. Data Processing, PC Time, etc. The vendor invoice isrequired for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll Acertified 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 note, total hours worked, withholding information and paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid payroll taxes, Postage, Overnight Deliveries, Courier, etc. A log of all postage expanses as they relate to the County contract is required for reimbursement. For overnight orexpress deliveries, the vendor invoice must be included. Rents, Leases, etc. /\ copy of the nanto| or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Cop' 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 racipient. A reasonable fee for copy expenses will be a||nvvab|a. For vendor services, the vendor invoice and m sample of the finished product are required. Supplies, Services, etc. For supplies orservices ordered, a vendor invoice is required. Tellefax, Fax, etc. Contract - Grace Jones CmnmundyDay Care Conte,FY/3;page 8 Ahsx 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 ofthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code ofOrdinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. Ifattending aconference nrmeeting, acopy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. Atnave| 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 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 bytraveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses, Mileage reimbursement shall be at the rate established by ARTICLE XXVl, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY nfthe Monroe County Code nfOrdinances. Anodometer 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 from one's home to the airport fora business trip is not reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVl, TRAVEL/ PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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 p.m. for dinner reimbursement. 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, fundraising, non -sufficient check charges, penalties and fines. Contract — Grace Jones Community Day Care [enter-FY/3;page 9 ORGANIZATION LETTERHEAD Monroe County Board ofCounty Commissioners Finance Department SOOWhitehead Street Key West, FL33O4O The following is a summary of the expenses for for the time period of to Check # Payee Amount 101 Company Rent $X,XXX.XX 102 Company Utilities XXX.X% 104 Employee P/Rending O5/14/O1 XXX.XX 105 Employee P/Rending O5/38/O1 XXX^XX (A) Total (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A f B) $ X,XX%.X% (0) Total contract amount $X,XXX.XX Balance nfcontract (D-C) 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 ofthis organization. Furthermore, these expenses are in compliance with th|sorganizatinn's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding Execdtive Director Attachments (supporting documentation) Sworn to and subscribed before me this _day of 2 h i U k t^� —Notary Public Notary Stamp Contract - Grace Jones Community DayCare Ceote,Fv/3;page /0 08/30/2012 11:47 F tO0002/0002 ATTACHMENT C Services to be provided: (Insert a description of your organization inGuding a list of the services that will be provided by your organization under this contract.) The Grace Jones Community Center, located at 414 Street, Marathon is a non-profit day care center. The Center provides affordably priced day care including skill -based development, meals and a secure environment for up to 64 children. At -risk children with various disadvantages, such as delayed development, isolagon and neglect, are cared for in a safe and nurturing environment. Subsidized Care V.P.K. • Backpack for Kids • Before and After School Programs • Infant Care • Reading is Fun -Early Learning Coalition Contract - Gnim J"x Cammunity Day Care cerA6r-FY `page 11 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 bid on a contract to provide any goods orservices k) a public entity, may not submit a bid on a contract with a public entity for the construction or repair of public building or public vvVrk/ 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 387.017, for CATEGORY TWO for a period of 36 months from the date ofbeing placed onthe convicted vendor |iat." Contract-GracmJones Community Day Care CenterfY3, page 12 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 387.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse ]. Gives each employee engaged in providing the commodities or contractual services that are under bid e copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities orcontractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no|o contendere to, any violation of Chapter 893 (Florida Statutes) orofany controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. S. Imposes sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, l certify that this firm complies fully with the above requirements. - . STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of mow/ouo| signing) affixed his/her signature in the space provided above on this ftMy commission expires: NOTARY PUBLIC 013 � Contract - Grace Jones Community Day Care Cunte,FY/�page /4 - - - - - ~--�-= SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE I L", ILI warrants that he/it has not employed, retained or otherwise had act on his/its beiialf 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. ( i tu ) 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 (91 day of NO A PUBLIC My commission expires: tO OMB - MCP FORM #4 Contract — Grace Jones Community Day Care Center-FY/3;page /3 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: Heart of the Keys Recreation Association, Inc. CONTRACT SUMMARY Contract # Effective Date: ]�}/{1/12 Expiration Date:9/3{0/,13 Contract Purpose/Description: provides funding for youth programs for children of Monroe Contract Manager: Lisa Tennyson (Name) 4444� OMB/Grants (Ext.) (Department) ndaDead|ine: � CONTRACT COSTS Total Dollar Value ofContract: $34,000.00 Current Year Portion: $34,000.00- Budgeted7YesF� NoAccount Codes: Gnani: ${L[K0 — ----------------------- CnuntyMatch: $____ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: r For: ____ (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, Date In Division Director Risk Management O.M.B./PurUasin County Attorney CONTRACT REVIEW Changes Date Out Needed Reviewer YesRN 11" Yes[-]Nn[l" YeSEl NnZl Y8S��NnO� �� '~~ ~ °� AGREEMENT This Agreement is made and entered into this 17th day of October, 3012, between the BOARD OF COUNTY COMMISSIONERS OF M{}NROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Heart of the Keys Recreation Association, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of activities for the whn|8aorne development of youths' personal, social, physical, and erno1ional growth, and WHEREAS, it is a legitimate public purpose to provide facilities and services for activities for the vvhw|eSonne development of youths' personal, social, physical, and emotional growth, now, 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 duties of the Board as to providing facilities and services for activities for the wholesome development of youths' personal, social, physical, and emotional growth in Monroe County/ Florida, shall pay to the PROVIDER the sum of THIRTY-FOUR THOUSAND AND NO/1OODOLLARS ($34,OOO.00) for fiscal year 2O12-2O13. 2. TERM. This Agreement shall commence on October 1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein, 3. PAYMENT. Payment will be made 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 tnthe funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The nrganizatinn's final invoice must be received within thirty days after the termination date of this contract shown in Article 3 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. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to a||nvv for continued reimbursement nfexpenditures 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. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract -Heart o/the Keys Remeatim-FY13; page 6. 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. 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters nrother materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter ofDetermination and GUl[}ESTAR printout indicating current 501(c)(3) status; (b) List of the C)rganizatinn's Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions reconnnnendmd/tuken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (0 (}rganization's Corporate Bylaws, which must include the nrganizatinn's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C\; (i) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved; (j\ Cooperation with County monitoring visits that the County may request during the contract year;and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board tnsubstantially and satisfactorily perform and provide the services outlined in Attachment CLo residents nfMonroe County, Florida. Contract -Heart ofthe Keys 8acreaUon-FY13;page 2 11. ATTORNEYS FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney'sfees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court ofMonroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 113.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use ofcertain information. 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. 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. COMPLIANCE ISSUES 16. 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 nnabeha| breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice oftermination to the PROVIDER. 17- 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 |icensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and itiyexpressly understood that upon a determination by court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but one not |innihad to: 1) Tide VI of the Civil Rights Act of 1964 (PL 88-353) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 C017oact-Heartof the KeysHecreationfY13; page 3 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis ofhandicaps; 4)The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5\ The Drug Abuse (}0ice and Treatment Act o[ 1972 (PL92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6\ The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse oralcoholism; 7)The Public Health Service Act of1g12, ss. 523 and 527 (42 USC ss. 690dd-3 and 290e8-3), as amended, relating to confidentiality Of alcohol and drug abuse patient records; B\ Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9\ The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement, AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications o[the services and/or na|rnbunyennent of services shall be accomplished by an amendment, which must be approved in writing by the County. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided bythis Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party bmthis Agreement shall be required to enter into any arbitration proceedings related h)this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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 tothe total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 758.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any cVrnrnerda| liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver ofimmunity to the Contract -Heart ofthe Keys Recnyation-FY23Cpage 4 extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees toexecute such documents asthe County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants tothe other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all da|nns for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including atLorney'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, orvolunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant oragreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent oremployee of Monroe County shall be liable personally on this Agreement or be Subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation ofConstitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BYNON-PARTIES. Noperson orentity shall haentitled bmrely upon the terms of this Agreement to enforce or attempt to enforce any third -party da|rn or entitlement to or benefit ofany service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER orany agent, officer, oremployee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall Contract -Heart ofthe Keys Recreation fY1 3Cpage 5 constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart, 33. 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 asfollows: ,For Board: Grants Administrator and 11OOSimonton Street Key West, FL]3O4O For PRQ�VIDER Anthony Culver, Executive Director Heart ofthe Keys Recreation Association, Inc. 81O33njStreet P.O. Box5DO836 Marathon, Florida 33O5O 305-743-4164 Monroe County Attorney PO Box 1026 Key West, FL3]O41 34. GOVERNING LAW, VENUE, INTERPRETATION' COSTS'AND FEES. This Agreement shall be governed by and construed in accordance with the laws ofthe State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida, The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver ofany 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. 36. SEVERAdBILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision o[this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenanbg conditions and provisions of this Agreement would prevent the accomplishment of the original ' intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract -Heart of the KeysKecreatimfY13; page 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. K0LHA{SE, CLERK Deputy Clerk Witness -4, A(A/C Witness OF MONROE COUNTY, FLORIDA BOARD {}FCOUNTY COMMISSIONERS Heart of the Keys Recreation Association, Inc. (Federal ID 'No Executive Director Contract -Heart of the Keys Recreation fY1 3; page ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Munroe County business. These guidelines, as they relate totravel, are from the Monroe County [ode of Ordinances and State laws and regulations. Acover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "Icertify that the above checks have been submitted t0the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed tothe 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 beconsidered a||-inc|usive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should bedirected to3O5-242-]5]4. Data Processing, PC Time, etc. The vendor invoice isrequired 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 orhourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid 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, Cop' etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number o[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. Contract -Heart ofthe Keys 8ecneaUon-FY/3;page 8 Tellefax, Fax, etc. /\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 ofthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code ofOrdinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. I[attending aconference 0rmeeting, acopy Of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. Atrave| itinerary is appreciated tofacilitate 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 bytraveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must beincluded onthe state travel voucher for vicinity travel. Mileage isnot allowed from a residence or office to a point of departure. For example, driving from one's home to the airport fora business trip is not reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code o[Ordinances. 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. 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, fundraising, non -sufficient check charges, penalties and fines. Cmtract-Heartof the Keys Recreation 'fY1 3; page ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board ofCounty Commissioners Finance Department 5OOWhitehead Street Key West, FL 33040 The following is a summary of the expenses for ( for the time period nf___—__—to_______. Check# Payee Reason Amount 101 Company Rent $X,XXX.XX 102 Company Utilities XXX.XX 104 Employee P/Rending 05/14/O1 XXX.XX 105 Employee B P/Rend(ng 05/28/01 )(XX.XX (A) Total (B) Total prior payments $X,XmXX (C) Total requested and paid (Af B) $X,XXX.XX (D) Total contract amount $ X,XXX.X% Balance of contract ([}-C) I certify that the above checks have been submitted to the vendors as noted and that the expanses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with thisorganizadon\s contract 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 20 by who is personally known to me. Notary Public Notary Stamp Contract -Heart ofthe Keys Recreation fY1 3; page20 Attachment C Services to be provided: Organization's Name: He of the Keys Recreation Association, Inc. aka Marathon Recreation Center Executive Director: Anthony Culver Location: 810 33d Street Gulf Marathon, FL 33050 (305) 743-4164 rnarathonreccentejL�qjgt,�qjiet Ages of children served: 8 yrs. to 18 yrs. old Day s of Operations: 3 pru -- 6prn or 11: 30 am — 6 pm, (Early Release Days) 8arn — 5 pm & 7-10 pm Summer program hours Various times for other programs & activities The Marathon Recreation Center is a 501 c3 non-profit organization that provides a safe and drug free environment for the youth of the Middle Keys. The services provided under this contract are listed below: After school program Hornework Assistance & academic improvement programs Basketball games & instruction Volleyball games & instruction Flag Football games & instruction Kickball games & instruction Dodge -ball games & instruction Book Club & Spelling Bees Board Games & other Recreational Activities Billiards/pool Table flockey Ping pong Shuffleboard Horse Shoe games Playstation video games Arts-n-crafts Fashiou and Design Club Movies Cheer and Dance Performance Team Theme Dances for Teens Fun Night events for elementary ages Educational & Recreational Field Trips "I'alent Show Fashion Show Dance Fitness Class Adult Aerobics Community meetings & events i.e.; Marathon Youth Club functions, Red Cross, MIJS Clubs and fundraising events Volunteering for community prqjects and events i.e.; Relay for Life, etc. 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 ofa 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 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 of 36 months from the date of being placed on the convicted vendor list." Contract -Heart ofthe Keys Recreation fY13;page 12 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrarits that he/it has not employed, retained or otherwise had kt 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 �mployee. (signature) ZIP, ke", STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn bvme, affixed his/her signature (name of individual signing) in the space provided above on this day of / 20l\�~�. My commission expires: Comm, Expires Jan 13, 2015 MY DMB-M�P�ORM#450833 {ontiact-Heartofthe Keys Recreation -FY13;page13 The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4, In the statement specified in subsection (1), notifies the employees that, as a condition of working on the onrnrnodiUes or contractual services that are under bid, the employee will abide by the terrnsofthe stahennentand vvi||n«bfvthe ennp|oyernfany conviction of, orplea ofguilty or-' no|o contendere to, any violation ofChapter 89] (Florida Statutes) orofan . controlled substance law ofthe United States or any state, for a violation occurring in the workplace oe no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized bosign the statement, with the above requirements. STATE OF (Signature of Responcl�_n_o COUNTY OF Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, 'who, after first being sworn by me, (name of '.."',."ua. s.y./''/g) *///^eu his/her signature /n the space provided above on this 2,2 day of 20!_`. My commission expires: NOTARY PUBLIC MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: Helpline, Inc. CONTRACT SUMMARY Contract # Effective Date: _1[V01/12 Expiration Qate:_09/30/13 Contract Purpose/Description: provides funding for communication, education and referrals for suicide and crisis intervention, elderly support and other services for persons in Monroe Contract Manager: Lisa Tennyson (Name) 4444 OMB/Grants (Ext.) (Department) ndaDead|ine: � CONTRACT COSTS Total Dollar Value of Contract: $10,000.00 Current Year Portion: $1{l08}{}.0X0 ~~ Budgeted? YesE No F� Account Codes: {0}1-([}2{8}-53]340- Grant: ${.[K0 County Match: Metch: $____ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $___Jyr. For: ____ (Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Date In Needed Reviewer Division Director Yes| | No Risk Management Yes[] No[—i^� CV D.M.B./Purchasing3~mn^-«— yes[l NoM County Attorney ^IJA? YeSMNocz Umb Form Revised 9/lD95 MCP#2 Date Out ell', AGREEMENT This Agreement is made and entered into this 17th day of October, 2012, between the BOARD DFCOUNTY COMMISSIONERS OFMONKOE COUNTY FLORIDA, hereinafter referred to as "Board" or "County," and He|p|ine, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of crisis intervention, information and referral services, and WHEREAS, it is a legitimate public purpose to provide facilities and services related to crisis intervention, information and referral services, 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 crisis intervention, information and referral services for persons living in Monroe County, Florida, shall pay to the PROVIDER the sum of TEN THOUSAND AND ND/100 DOLLARS ($1O,OOO.00) for fiscal year 2O12-2O13. 2. TERM. This Agreement shall commence on October 1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made 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 Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty 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 PROVIUER. 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 ofthis agreement. /&. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to a||ovv 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. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. 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 tostatutory requirements. 7. RECORDS. PROVIDER shall maintain all books records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 8. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters orother materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter ofDetermination and GUIUESTARphntnut indicating current 5O1(c)(�\ status; (b) List of the 0nganization's Board of Directors of which there must be at least ' ' ' 'd for each board member please indicate when elected toserve and the length ofterm ofservice; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or nnnne; if qualified, include a statement of deficiencies with corrective actions recornnnended/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (f) [>rganization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) (}rganizotion's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbersserved, and outcomes achieved; U) Cooperation with County monitoring visits that the County may request during the contract year;and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment Cto residents of Monroe County, Florida. 11. AJFTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out -of expenses as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings, Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to itSe|f, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee/ commission, percentage, gift, or consideration. 15. 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. COMPLIANCE ISSUES 16. 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. 17. 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 ofappropriate local, state and/or federal certification and/or |}censure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and itisexpressly understood that upon a determination by court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County orPROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1\ which VI of the Civil Rights Act of 1964 (PL 88-352) hioh prohibits discrimination on the basis o' race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex;'3) Section 504 of the Rehabilitation Act of 1973, as amended (ZO USC s. 794), which prohibits discrimination on the basis of handicaps; 4\The Age Discrimination Act of1975, as amended /42 USC ss. 6101-6107\ which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 /PL92-255\, as amended, relating to nondiscrimination on the basis of drug abuse; 6\ The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of197O (PL91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-]), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; Q)The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. 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. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall beattempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided bythis Agreement orby Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party tothis Agreement shall be required toenter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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 tothe total agreed upon reimbursement amount for the services ofthe PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver ofimmunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees tn execute such documents as the County may reasonably require, to include Public Entity Crime Statement, an Ethics Statement, and Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. 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 attnrney'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. 28. PRIVILEGES AND IMMUNITIES. All ofthe privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, Or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant oragreement contained herein shall be deemed to be e covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent oremployee VfMonroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation ofConstitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by |avv except to the extent ofactual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. Nnperson orentity shall beentitled torely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement bysigning any such counterpart. 33. 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 aSfollows: For BbggEd:. Grants Administrator and 1100 Simonton Street Key West, FL33U4O For PROVIDER Lou Hernandez, Chief Executive Officer He|pUne,lnc, P,O, Box21O6 Key West, FL 33040 305-292-8445 305-292-8447FAX Monroe County Attorney POBox 1O26 Key West, FL33U41 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely inthe State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. 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 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. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shallbe declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each nonnoin}ng term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by |avv unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as dose as possible to the intent of the stricken provision. 37. 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as ofthe day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk 1,7 BOARD OF COUNTY COMMISSIONERS OFMONROECOUNTY, FLORIDA go He|p|ine, Inc. (Federal IDNO. "t )3 ) By ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines tn Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code ofOrdinances and State laws and regulations. Acover letter (see Attachment B) summarizing the major line items onthe reimbursable expense request needs toalso contain the following notarized certified statement: "I certify that the above checks have been submitted tothe vendors as noted and 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 and will not be submitted for reimbursement to any other funding source.~ 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 385-392-3534. Data Processing, PC Time, etc. The vendor invoice isrequired 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 m Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If e Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid 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, Cop' etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number ofcopies 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 orservices ordered, a vendor invoice is required. TeUefax' Fax, etc. /\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 and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must basubmitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. 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. Atrava| 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 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. RVVrn 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVl, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must beincluded onthe state travel voucher for vicinity travel. Mileage isnot allowed from a residence or office to a point of departure. For example, driving from one's home to the airport fora business trip is not reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVl, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.rn, for lunch reimbursement, and before 6 p.m. and end after p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses specifically(un|ese' included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board ofCounty Commissioners Finance Department 5OOWhitehead Street Key West, FL33O4O Date The following is a summary of the expenses for for the time period of- to______. Check # Payee Amount 101 Company Rent $X,XXX.XX 102 Company Utilities XXX.XX 104 Employee p/Rending O5/14/O1 XXX.XX I06 Employee P/Rending O5/28/O1 }00(j<X (A) Total (B) Total i ` ' prior payments $ X,XXX.XX (C) Total requested and paid (Af8) $X,XXX.XX (D) Totaicontract t ` ^amount $X,XXX.XX Balance ofcontract ([}-C) 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 ofthis organization. Furthermore, these expenses are incompliance with this orgnn)zation'scontract 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 Notary Stamp Helpline, Inc 1623 Spalding Court, Unit 4 Key West, FL 33040 Re: HSAB Application 2012-13 ATTACHMENT C: AGENCY SERVICES 1. Fall Prevention Class to the Elderly (Matter of Balance Training) 2. Care Giver Training and Support Groups 3. Daily Telephone Reassurance Calls to the Elderly and Homebound 4. Suicide Prevention Answering Services 5. Substance Abuse Prevention Answering Services for AA, Al -Anon 6. Information and Referral Telephone Services 7. 211 telephone support for Monroe County 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 orservices to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of 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 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 of 36 months from the date ofbeing placed on the convicted vendor iist." SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 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. Date: '?/1 '!'/' Z- STATEOF COUNTY OF 1"'V"W6-y)02.o PERSONALLY APPEARED BEFORE ME, the undersigned authority, J, )(-who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of 2O My cOrnrn|55ion expires: \\�����-� 2-0 �\ | i° _ /.= TARY PUBLIC NoWy public State of FkKida The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5)days after such conviction. S. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, l certify that this firm complies fully with the above requirements. STATE OF (Signature of Respondent) COUNTY OF ez~~ !� / I -Z____ Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, ~� o, after first being sworn by me, (name of /nom/oua| signing) affixed his/her signature in the space provided above on this MONRDECOUNTY BOARD OFCOUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Historic Florida Keys Effective Date:10/{1/12 Foundation, Inc. Enpirat)onOate:{y9/30/13 Contract Purpose/Description: provides services to develop, coordinate, and promote historic preservation in Monroe County. Contract Manager: Lisa Tennyson (Name) 4444 OMB/Grants (Ext.) (Department) ndaDeadUne: CONTRACT COSTS Total Dollar Value of Contract: $28^50X0]00 Current Year Portion: $2{L5{X}]00 BudgeiedPYesEl No Account Codes: {8}1-{4596-53{[]40-____--___' Gnnnt: ${.{K} — ----------------------- CountyMatch: $____ ADDITIONAL COSTS Estimated Ongoing Costs: r For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Need' Division Director Risk Manag nt N County Attorney YesM NoZI Comments: OMB Form Revised 9/11/95 MCP #2 Date Out zL AGREEMENT This Agreement is made and entered into this 17th day of October, 2012, between the BOARD OF COUNTY COMMISSIONERS OF MONRDE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Historic Florida Keys Foundation, Inc,, hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established to develop, coordinate, and promote historic preservation in Monroe County, Florida, and WHEREAS, it is a legitimate public purpose to provide facilities and services for the development, coordination, and promotion ofhistoric preservation in Monroe County, now, 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 the development, coordination, and promotion of historic preservation in Monroe County, Florida, shall pay to the PROVIDER the sum ofTWENTY-EIGHT THOUSAND, FIVE HUNDRED, AND NO/100 DOLLARS ($28,500.00) for fiscal year2O12-2O13. 2. TERM. This Agreement shall commence on October 1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made 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 Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The organizadon's final invoice must be received within thirty 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 ofthis agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement ofexpenditures 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 beobligated to pay for any services or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by iavv. 5. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose ofthis Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract -Historic FL Keys Fdtn-FY13; page 1 6. 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. 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 8. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject tothe provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter ofDetermination and GUlDESTAR printout indicating current 501(o)(3) status; (b) List of the Organization's Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions reoornmend ed/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (D Drganizat)on's Corporate Bylaws, which must include the onganization's mission, board and membership composition, and process for election of officers; (g) [>rganizadVn's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions/ and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved; (j> Cooperation with County monitoring visits that the County may request during the contract year;and (k) Other reasonable reports and information related to compliance with applicable |avvS, contract provisions and the scope of services that the County may request during the contract year. 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment Cto residents of Monroe County, Florida. FL Keys Fdtn-FY13; page 2 11. AlTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative/ and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attornay'sfees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required bythe circuit court ofMonroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment orcontractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to |tse|f, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration, 15. 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 ehnii be construed so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board. 16. 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 toterminate this contract immediately upon delivery of written notice uftermination tothe PROVIDER, 17. 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 iioensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and itisexpressly understood that upon a determination by court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color Or national origin; 2) Title IX of the Education Amendment of 1972, as amended (30 Contract -Historic FL Keys Fdtn-FY13; page 3 USC ss. 1681-1603, and 1685-1586)' which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (IO USC S. 794), which prohibits discrimination on the basis ofhandicaps; 4)The Age Discrimination Act of 1975, as amended (42 USC as. 6101-6107) which prohibits discrimination on the basis of age; 5\ The Drug Abuse Office and Treatment Act of 1972 (PL92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of197O (PL91-61G), as amended, relating to nondiscrimination on the basis of alcohol abuse oralcoholism; 7)The Public Health Service Act nf 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8\ Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, n8|edng LO nondiscrimination in the sale, rental or financing of housing; 9\ The Americans with Disabilities Act Dfl99O (42 USCs. 1201 Note), as maybe amended from time tOtime, relating to nondiscrimination on the basis of disability; 10\ Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement, AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications ofthe services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the County. 20~ ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall beattempted tn be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided bythis Agreement orby Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required bythe other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related tnthis Agreement. 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited inthis Agreement. 23. 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 tnthe total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local Contract -Historic FL Keys Fdtn-FY13; page 4 extent of liability coverage, nor shall any contract entered into by the County he required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees tn execute such documents asthe County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 27. 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 a\±orney'g 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. 28. PRIVILEGES AND IMMUNITIES. All nfthe privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant nragreement contained herein shall be deemed to be o covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent ofactual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. Noperson orentity shall beentitled tnrely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall Contract -Historic FL Keys Fdtn-FY13; page 5 constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. For Board: Grants Administrator 11OOSimonton Street Key West, FL33O4O Any notice required or permitted under this agreement shall be in writing mailed, postage pre -paid, by certified mail, return receipt requested, to the RZ For PROVIDER Diane Silvia, Executive Director Historic Florida Keys Foundation, Inc. 51OGreene Street Key West, Florida 33040 305-292-6718 Monroe County Attorney PO Box 1026 Key West, FL33O41 34~ GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida, The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. 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 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. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court nfcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. 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 [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract -Historic FL Keys Fdtn-FY13; page 6 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 Deputy Clerk BOARD DFCOUNTY COMMISSIONERS DFMONRDECOUNTY, FLORIDA Historic Florida Keys Foundation, Inc. (Federal I[)No. ~ ~ ~ By Contract -Historic FL Keys Fdtn-FY13; page 7 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, asthey relate tntravel, are from the Monroe County Code of Ordinances and State laws and regulations. Acover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this nrganizatinn'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed tnthe 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, nnprevious balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not beconsidered a||-inc|us\ve. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should bedirected tn 305-292-3534. Data Processing, PC Time, etc. The vendor invoice isrequired 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 nrhourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid 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 urexpress deliveries, the vendor invoice must beincluded. Rents, Leases, etc. Acopy ofthe rental orlease 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 ofcopies 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 orservices ordered, a vendor invoice is required. TeUefax, Fax, etc. Afan log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the tax. 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 ofthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code ofOrdinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. Ifattending aconference nrmeeting, acopy nf the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. Atnave| itinerary \sappreciated tnfacilitate 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 reimbursable travel expense atthe 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 bytraveler. The County will only reimburse the actual nonrn and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County [ode of Ordinances. 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 from one's home to the airport fora business trip is not reimbursable expense. Meal reimbursement shall beatthe rates established by ARTICLE XXVI,TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included inthe contnact), 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 nfCounty Commissioners Finance Department 5OOWhitehead Street Key West, FL33O4O The following is a summary of the expenses for for the time period of to Check # Payee Amount 101 Company Rent $X,XXX.XX 102 Company Utilities XXX.XX 104 Employee P/Rending O5/14/O1 XXX.XX 105 Employee P/Rending O5/28/O1 )0CX^XX (A) Total (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 nfcontract (D-C) 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 nfthis organization. Furthermore, these expenses are in compliance with this organ|zation'scontract 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 who is personally known to me. day of Notary Stamp Contract -Historic FL Keys Fdtn-FY13; page 10 U 7 A N :A 14 zMel (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) Coss no" Contract -Historic FL Keys Fdtn-FY13; page 11 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 m public entity for the construction or repair ofa 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 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 of 36 months from the date of being placed on the convicted vendor list." SWORN STATEMENT UNDER ORDINANCE NO. 1O-199O MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/A 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) � 5TATEOF COUNTY(}F Wr�� PERSONALLY APPEARED BEFORE ME, the undersigned authority, � who, after first being sworn bvme, affixed i (name of individual signing) inthe space provided above nnthio 20 NOTARY PUBLIC My commission expires: Notary Public State of Florida OMB - MCP FORM #4 My Commission EE026217 Foi Expires 11124/2014 his/her Contract -Historic FL Keys Fdtn-FY13; page 13 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs ernp|nyaas about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities nrcontractual services that are under bid a copy nfthe statement specified in subsection (1). 4. In the statement specified in subsection /1\, notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nm|ocontenderato, any violation ofChapter 89](Florida Statutes\ornfany controlled substance law ofthe United States nrany state, for violation occurring in the workplace no later than five (5) days after such conviction. S. Imposes asanction on, orrequire the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this Mnn complies fully with the above requirements. STATE OF Ft PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being svvnnn by me, (name of individual signing) affixed pace provided above on this '~ day of 20/--2' LZ' My commission expires: L*O N�Olujb F12 Contract -Historic FL Keys Fdtn-FY13; page 14 MDNROECOUNTY BOARD OFCOUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Hospice of the Florida Effective Data: 10/01}12 Keys, Inc. Expiration Date:9/30/13 Contract Purpose/Description: provides health care services such as home health and hospice care for disadvantaged and medically -needy patients in Monroe County. Contract Manager: Lisa Tennyson (Name) for BOCC meeting Total Dollar Value of Contract Grant: $0.00 County Match: $_ 4444 OMB/Grants (Ext.) (Department) ndaDaadUne: CONTRACT COSTS Current Year Portion: / ADDDJONALCOSTS Estimated Ongoing Costs: $____/yr For:____ (Not included in dollar value above) (ag. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Date In Needed Division Director - YesD No[--] _y Risk Manag t [] YesNnh|� D.M.B./Purchasingf YesF-lNo07 County Attorney Yes[lNnpfl 14TIM71111r.27M Reviewer Date Out AGREEMENT This Agreement is made and entered into this 17th day of October, 2012, between the BOARD ()FCOUNTY COMMISSIONERS OF MONRDE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Hospice of the Florida Keys, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of home health and hospice care services, and WHEREAS, it is a legitimate public purpose to provide facilities and services related to home health and hospice care, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, itisagreed as follows: 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the duties nfthe Board as to providing facilities and services for home health and hospice care for disadvantaged and medically -needy parsons living in Monroe County, Florida, shall pay to the PROVIDER the sum of ONE HUNDRED, FORTY-ONE THOUSAND AND NO/18ODOLLARS ($141,OOO.UO) for fiscal year ZO12-2O13, 2. TERM. This Agreement shall commence on October 1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made 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 Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expanse Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of e letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The organizatinn's final invoice must be received within thirty 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 ofthis agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to a||ovv for continued reimbursement ofexpenditures 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. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose ofthis Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. 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 t0statutory requirements. Contract -Hospice VyAfY,3,-page / 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor arnp|nyad by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): /e> IRS Letter VfDetermination and GUIDESTAR printout indicating currant 501(c)(3) status; (b) List of the Organizatinn's Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $158,088 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (a) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (f) {]rganizabon'sCorporate Bylaws, which must include the nrganizaUon's mission, board and membership composition, and process for election of officers; (g) Drgan{zatinn's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal ennp|nyrnant opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved; (j) Cooperation with County monitoring visits that the County may request during the contract year; and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board tnsubstantially and satisfactorily perform and provide the services outlined in Attachment Cto residents of Monroe County, Florida. 11. AJ[TORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to CowtraowkmpiceVNAfY3; page 2 reasonable attorney\s fees, court costs investigative, and out-of-pocket expenses as an award against the non -prevailing party, and shall include attnrney'sfees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and ennp|nyaas of the County recognize and will be required to comply with the standards ofconduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any parson, company, corporation, individual, or Mnn, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. 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. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant tothis 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 toterminate this contract immediately upon delivery of written notice oftermination to the PROVIDER. 17~ PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have currant 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 |icensure of the PROVIDER'S program and staff. 18. pWON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and itisexpressly understood that upon adeternnination by court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court Order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1\ Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis o race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC o. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1475, as amended (42 Contract -Hospice VNAfY3;page J US[ ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PLQ2-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of1978 (PL91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse nralcoholism; 7)Tha Public Health Service Act nf1912, sS. 523 and 527 (42 U5[ ss. 690dd-3 and 290ea-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8\ Tlda VIII of the Civil Rights Act of 1968 (42 U5C s. at seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1281 Note), as maybe amended from time totime, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state Statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. 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. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which vvnu|d conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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 tothe total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver ofimmunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. Contract -Hospice VNmfY/3;page 4 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, asrequired by law. INDEMNITY ISSUES 27. 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. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and re|ief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees Of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent oremployee VfMonroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability byreason ofthe execution nfthis Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and Mrne|y performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit ofany service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. MAR14" 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the 58nna instrument and any of the parties hereto may execute this Agreement bysigning any such counterpart. Contract -Hospice VNAfY3;page 5 33. NOTICE. Any notice required or permitted under this agreement shall be in vvhbng and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party asfollows: For Boa3d_,_ Grants Administrator and 11OQSimonton Street Key West, FL33D4O For PROVIDER ]ndv Gross, Chief Executive Director Hospice ofthe Florida Kays, Inc. 1319 VV|Qiarn St. Key West, FL 33040 305-294-8812 305-294-9348FAX Monroe County Attorney POBox 1O26 Key West, FL 33041 34~ GOVERNING LAW' VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable tocontracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35~ 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 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. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court nfcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by |avv unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement vvnu|d prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible tothe intent ofthe stricken provision. 37. 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contrac*fospiceVNAfY/3; page 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 Em Deputy Clerk BOARD OFCOUNTY COMMISSIONERS OFMONRDECOUNTY, FLORIDA Hospice nfthe Florida Kays, Inc. (Federal ID No. 59-2386289 ...... ... . . By __)Chit�Xe0tive Officer Contract -Hospice VNA-FY3;page r ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines tn Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, asthey relate tntravel, are from the Monroe County Code of Ordinances and State laws and regulations. Acover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs toalso contain the following notarized certified statement: "I certify that the above checks have been submitted tnthe vendors as noted and that the attached expenses any accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." 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 isrequired 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 orhourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid 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, Cop. etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number ofcopies 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 Orservices ordered, a vendor invoice is required. Contract -Hospice VhAfY13;page R TeWefam, Fax, etc. Afax 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 ofthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. Ifattending aconference nrmeeting, acopy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. Atrave| 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 departure point: for example, taking a taxi from one's residence tothe airport for a business trip is not reimbursable. Parking is considered reimbursable travel expense atthe destination. Airport parking during a business trip isnot. /\ detailed list of charges is required on the lodging invoice. Balance due must be zero. Rnnrn must be registered and paid for by traveler. The County will only reimburse the actual rnnnn and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall beatthe rate established by ARTICLE XXVI,TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY nfthe Monroe County Code ofOrdinances. Anodometer 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 from one's home to the airport fora business trip is not reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVl, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code o[Ordinances. 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 p.m. for dinner reimbursement. 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, fundraising, non -sufficient check charges, penalties and fines. Contract -Hospice VNAfY/3;page 8 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 5OOWhitehead Street Key West, FL33O4O The following is a summary of the expenses for for the time period of to Check # Payee Reason Amount 101 Company Rent $X,XXX.XX 102 Company Utilities XXX.XX 104 Employee P/Rending U5/14/O1 XXX.XX 105 Employee P/Rending U5/28/D1 XXX.XX (A) Tnta| (B) Total prior payments $X,XXX.XX (C) Total requested and paid (A f B) $ X,XXX.XX (D) Total contract amount $X,XXX.XX Balance ofcontract ([}-C) 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 nrganizoUon's contract 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 toand subscribed before nnethis day of 20bv who is personally known to me. Notary Stamp Contract -Hospice VxAfY/3;page /0 ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) Services to be funded by this contract are those home health and hospice services provided to indigent and medically needy patients requiring professional medical and personal care; these patients have no medical insurance or their medical insurance only partially pays the costs of providing our skilled care at home (i.e. Medicaid). The funding amount requested in this application represents approximately a combined 12% of the salary, benefit and tax expense for the direct service clinical staff (i.e. registered nurses, social workers and rehabilitation staff) who provide direct care to these patients. Contract -Hospice VNA-FY13; page 11 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 orservices to a public entity, may not submit a bid on a contract with a public entity for the construction or repair nfa 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 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 of 36 months from the date of being placed on the convicted vendor list." Contract -Hospice VxAfFY/3;page /2 The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Hospice of the Florida Keys, Inc. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the cnnnnnod\Ues or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no|m contendena to, any violation ofChapter 893 (Florida Statutes) orofany controlled substance |avv of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, orrequire the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted,. G. Makes good faith effort tocontinue tn maintain adrug-free workplace through \rnp|arnenbat|on of this section. As the person authorized tosign the statement, Icertify that this firm complies fully with the above requirements. A Florida STATE OF re ot� Date Of 4 011t St {onmao^Vosp�ceV»A'FY/3;7NATALIE M. MAD07OX Ida SWORN STATEMENT UNDER ORDINANCE NO. 1D-189O MONROE COUNTY, FLORIDA ETHICS CLAUSE Hospice of the Florida Keys, Inc. warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer oremployee in violation of Section 2 of Ordinance No, 10-1990 or any County officer oremployee 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 nrpurchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid tothe former County officer oremployee. STATE OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, My pxpires: Contract -Hospice VnAf=Y,3;page /3 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contnact# Contract with: Independence Cay, Inc. Effective Date: 1[V{>1/12 Expiration Date: 9/30/13 Contract Purpose/Description: soup kitchen and transitional housing program facility for homeless persons of Monroe Contract Manager: Lisa Tennyson (Name) 4444 OMB/Grants (Ext.) (Department) ndaOaadUne: � CONTRACT COSTS Total Dollar Value of Contract: ¢_Z5^{K}0]}8 Current Year Portion: $-25,00{}l8} Budgeted?YesEl No[l Account Codes: {X}1-_0}217,-530340- (5nant: $0l]00 — ----------------------- CquntyMatch: $____ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: r For: ____ (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Date In Needed Reviewer Division Director Yes| | N Managen Yes El ( | |N�L�| O.M.B./PurchasingYes[lNoEl County Attorney YesD NoM Comments: UMb t-orrn Kev|sed 9/1I/95 MCP#2 Date Out � AGREEMENT This Agreement is made and entered into this 17th day of October, 2012, between the BOARD OFCOUNTY COMMISSIONERS OF M{)NRDE COUNTY FLORIDA, hereinafter referred to as "Board" or "County," and Independence Cay, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of community soup kitchen, transitional housing program and referrals to support services in Monroe County, and WHEREAS, it is a legitimate public purpose to provide facilities and services for a community soup kitchen, transitional housing program and referrals to support services, now, 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 related to provision of a community soup kitchen, transitional housing program and referrals tosupport services for homeless persons in Monroe County, Florida, shall pay tnthe PROVIDER the sum ofTWENTY-FIVE THOUSAND AND ND/100 DOLLARS ($25,000.00) for fiscal year 2012-2013. 2. TERM. This Agreement shall commence on October 1, 20I2, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance DfDce, The County shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The organ\zation's final invoice must be received within thirty days after the termination date ofthis 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. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to a\\ovv for continued reimbursement o[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. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Cay-FY3;page Y 6. 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 tVstatutory requirements. 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives she\l have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant tothis Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, F5, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions ofChapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter ofDetermination and (SUlOESTARprintout indicating current 5U1(�)(3)status; (b) List of the Dnyanization's Board of Directors of which there must be at least � 5 and for each board member please indicate when elected toserve and the length ofterm ofservice; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions reconnnnended/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (O Organization's Corporate Bylaws, which must include the organizat|on's mission, board and membership composition, and process for election of officers; (g) Onganization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment Q; (i) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types' and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved; (j) Cooperation with County monitoring visits that the County may request during the contract year; and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment Cto residents of Monroe County, Florida. CayfY3; page 2 11. ATTORNEYS FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attVrney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include at±Vrney'sfees, courts costs, investigative, and out-nf-pocketexpenses \n appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court VfMonroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, Or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. NV 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. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant tothis 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 toterminate this contract immediately upon delivery of vvr|iLen notice of termination to the PROVIDER. 17. 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 |icensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County orPROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 Cay-FY/3;page 3 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (ZO US[ S. 794), which prohibits discrimination on the basis of handicaps; 4\The Age Discrimination Act of 1975, as amended (42 USC SS. 6101-6107) which prohibits discrimination on the basis of age; 5\ The Drug Abuse Office and Treatment Act of 1972 /PL92-255\, as amended, relating to nondiscrimination On the basis of drug abuse; 6\ The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8\ 7lde VlIl of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9\ The Americans with Disabilities Act of 1990 (42 U5C s. 1201 Note), as maybe amended from time totime, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement, AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which rnue1 be approved in writing by the County. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. (COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related tothis Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and with the prior vvr|\±en 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 tothe total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any connnneno\a\ liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver ofimmunity to the Contract -Independence Cay-FY13; page 4 extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees toexecute such documents asthe County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26' AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. 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 aLtorngy'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. 28. PRIVILEGES AND IMMUNITIES. All ofthe privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and re\ief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents/ or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability byreason ofthe execution ofthis Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation ufConstitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation orresponsibility imposed upon the entity by law except to the extent ofactual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. Noperson orentity shall beentitled torely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit ofany service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER orany agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall CayfY/3;page 5 constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified nnDi\, return receipt requested, to the other party asfollows: FgIBoard;, Grants Administrator and 1100 Simonton Street Key West, FL33U4O For PROVIDER Rita Clark, Executive Director Independence Cay,Inc. 1669Overseas Highway Marathon, FL 33050 305-743-3121 305-743-6523FAX Monroe County Attorney POBox 1O26 Key West, FL33O41 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will ||e in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution ofany other administrative or legal proceeding. 35. 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 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. 36. SEVERAdBILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court ofcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by \avv unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as dose as possible to the intent of the stricken provision. 37. 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 [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract -Independence Cay-FY13; page 6 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 Deputy Clerk BOARD OFCOUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman lndependenceCay, Inc. �� /���������� =��_ �� ���/�' Federal ID No. By Executive Director Cay-FY/3; pager ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate totravel, are from the Monroe County Code of Ordinances and State laws and regulations. /\ cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs bnalso contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records ofthis organization. Furthermore, these expenses are in compliance with this organ|zation'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." 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 bedirected to3O5-292-3534. Data Processing, PC Time, etc. The vendor invoice isrequired 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 orhourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid 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 orexpress deliveries, the vendor invoice must beincluded. Rents, Leases, etc. Acopy ofthe rental orlease agreement \srequired. Deposits and advance payments are not allowable expenses. Reproductions, Cop' etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number ofcopies 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. CayfYt3;page 8 TeUefam, Fax, etc. Afax 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 ofthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. 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. Atravd 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 atthe destination. Airport parking during a business trip is not. Adetailed list Ofcharges isrequired onthe lodging invoice. Balance due must bezero. RVnrn 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVl, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County [ode of Ordinances. An odometer reading must beincluded onthe state travel voucher for vicinity travel. Mileage ignot allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVl, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County [ode of Ordinances. 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 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depredation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. cayfY/3; page 9 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board ofCounty Commissioners Finance Department 5DOWhitehead Street Key West, FL33O4O The following is a summary of the expenses for ( for the time period of- tn-. Check# Payee Reason Amount 101 Company Rent $X,XXX.XX 102 Company Utilities XXX.XX 104 Employee P/Rending O5/14/01 XXX.XX 105 Employee 8 FyRending 05/28/01 )00(.(X (A) Total (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) I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization'scontract 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 toand subscribed before nnethis day of 20bv who ispersonally known tome. �� Notary Public Notary Stamp Contract -Independence Cay-FY13; page 10 ATTACHMENT C INDEPENDENCE CAY (2012-2013) SERVICES TO BE PROVIDED: Transitional Housing, Hygiene Program (Laundry, Showers and Personal Hygiene Supplies for Homeless Individuals and Families); Day Center with Hot Nutritious Meals; Soup Kitchen; Empowerment Center; and Emergency Inclement Weather Shelter. PUBLIC ENTITY CRIME STATEMENT "A person 0raffiliate 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 nfa 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 of 36 months from the date of being placed on the convicted vendor |iet." CayfY3; page 12 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 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. STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn byme, affixed his/her signature (name ofindividual signing) in the space provided above on this day of NOTARY PU IC PU My commission expires: ROSIN RINGEA4A OMB - MCP FORM #4Expires March 8, aNxw Cay-FY/3;page /3 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section, As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF (Signature of Respondent) COUNTY OF _`��� .�,'� -7(I �- Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, 1�v, uAa. k who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this y of C4 J V, 20 __£;, �-, My commission expires: NOTARY PUBLIC 4R I RING E N M EE 165726 Exoms Mach g 2016 - -S'a3 Contract -Independence Cay-FY13; page 14 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY ContraCt# Contract with: Keys Area Effective Date: 10/01}12 Interdenominational Resources Expiration [}ate: 9/30/13 Contract Purpose/Description: provides supportive services for disadvantaged residents of Monroe County. Contract Manager: Lisa Tennyson (Name) for BOCC meeting on Total Dollar Value of Contract Grant: $0.00 County Match: $_ 4444 (Ext.) (Department) endaDead|ine: CONTRACT COSTS Current Year Portion: $25,000.00/ Account Codes: - - - - ADDD7ONAL[DSTS Estimated Ongoing Costs: $/yr For: (Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Date Out Date Needed Reviewer In Division Director YesF� N 0skManag t eSr N-r—w/ l O.M.B./Purchasing esFlNoEl -/2~ County Attorney 9�^� YesF� NoRl Cmrnrnents: uiviumnn Kev/secl9/ll/9b MCP#2 AGREEMENT This Agreement is made and entered into this 17th day of October, 2012, between the BOARD OFCOUNTY COMMISSIONERS OFM[)NRDECOUNTY, FLORIDA, hereinafter referred toas "Board" or "County," and Keys Area Interdenominational Resources, hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of supportive services for disadvantaged residents, and WHEREAS, it is a legitimate public purpose to provide facilities and services for supportive services for disadvantaged residents in Monroe County, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 11111011114Z� 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 supportive services for disadvantaged persons living in Monroe County, Florida, shall pay to the PROVIDER the Sunn of TWENTY-FIVE THOUSAND AND NO/100 ($25,000.00) for fiscal year2O12-2O13. 2. TERM. This Agreement shall commence on October 1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance DMice, The County shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of o letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty 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. x#. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to a||nvv 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. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract- x40lfY/3;page , 6. 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. 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement Ortheir authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant tothis Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FB, running from the date the monies were paid to PROVIDER. 8. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination and GUIDESTAR printout indicating current 501(c)(3) status; (b) List of the [}rganization's Board of Directors of which there must be at least 5 and for each board member please indicate when elected toserve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (f) Organization'sCorporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Organ|zation's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); /i> Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved; (j) Cooperation with County monitoring visits that the County may request during the oznLnnct year;and (k) Other reasonable reports and information related to compliance with applicable |avvS, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment Cto residents of Monroe County, Florida. Contract- KAIRfY3;page 2 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that inthe event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney'; fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney'sfees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use ofcertain information. 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to |tse|f, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. 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. COMPLIANCE ISSUES 16. 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 e material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice oftermination tothe PROVIDER. 17. 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 |icensure of the PROVIDER'S program and staff. 18- NON- DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it|sexpressly understood that upon a determination by court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County orPROVIDER agree bo comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 Contract- KAIR-FY3; page 3 USC es. 1681-1683, and 1685-1686\, which prohibits discrimination on the basis of sex; 3\ Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4)The Age Discrimination Act of 1975, as amended (42 USCss. 6101-6107)which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PLq1-61b), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7\The Public Health Service Act of1912, ss. 523 and 527 (42 UBC sm. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; O) Title VIIl of the Civil Rights Act of 1968 (42 USCs. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 UBC s. 1201 Note), as maybe amended from time totime, relating to nondiscrimination onthe basis ofdisability; 10\ Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement, AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which nnuSL be approved in writing by the County. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related tothis Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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 subiect to such conditions and provisions as the Board may deemnecessary. 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 tothe total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 760.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any connnnenCia| liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed e waiver 0fimmunity to the Contract- *AIRfY3;page 4 extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents asthe County may reasonably require, toinclude a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required bylaw. INDEMNITY ISSUES 27. 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 at1orney'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. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent oremployee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation ofConstitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by |avv except to the extent ofactual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the berms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall Contract- KAIR-FY73;page 5 constitute one and the same instrument and any of the parties hereto may execute this Agreement bysigning any such counterpart. 33. 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 asfollows: For Board: Grants Administrator and 1100 Simonton Street Key West, FL33O4O For PROVIDER Marjorie Roberts, Executive Director Keys Area Interdenominational Resources 3O1OOverseas Highway Marathon, FL 33050 305-743-4582 Monroe County Attorney PDBox 2O26 Key West, FL33O41 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws ofthe State ofFlorida applicable to Contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, The County and PROVIDER agree that, in the event of conflicting interpretations of the kurrns or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. 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. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court nfcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining barrn, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as dose as possible to the intent of the stricken provision. 37. 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract- KAIR-FY/3;page 6 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 LIZZ Deputy Clerk Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA -2 Mayor/Chairman Keys Area Interdenominational Resources (Federal ID No. (�, "-z —) By Witness Executive Director Contract- KAIR-FY13; page 7 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State |ovvs and regulations. Acover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs tValso contain the following notarized certified statement: "I certify that the above checks have been submitted tnthe vendors asnoted and that the attached expenses are accurate and in agreement with the records ofthis organization. Furthermore, these expenses are in compliance with this organization'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed tothe 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 beconsidered al|-indusive. TheClarh'sFinanCeDepartmmentr8sen/es 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 isrequired 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 orhourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid 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 orexpress deliveries, the vendor invoice must beincluded. Rents, Leases, etc. Acopy ofthe rental nrlease agreement isrequired. 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 ofcopies made, source document, purpose, and recipient. A reasonable fee for copy expanses 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, o vendor invoice is required. ContractAAIR-FY3; page Fax, etc. Ahsx 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 ofthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. 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. Airavel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should bedocumented with paid neceipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence tnthe airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip isnot. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for bytraveler, The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence oroffice tmapoint ofdeparture. For example, driving from one's home tothe airport for business trip is not a reimbursable expense. Meal reimbursement shall beatthe rates established by ARTICLE XXVI/TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. 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 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation specificallyaxpenses(un\ess' included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract- 8AIRfv/3;page 9 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board ofCounty Commissioners Finance Department 5OOWhitehead Street Key West, FL]3O4O The following is o summary of the expenses for for the time period of- to Check# Payee Reason Amount 101 Company Rent $X,XXX.XX 102 Company Utilities XXX.XX 104 Employee P/Rending O5/14/O1 XX%.XX 105 Employee P/Rending O5/28/O1 XCX.)0( (A) Total (B) Tota| prior payments $ X,XXX.XX ([) Total requested and paid (Af 8) $X,XXX.XX (D) Tot | contract amount $ X,XXX.XX Balance ofcontract ([)-C) I certify that the above checks have been submitted tnthe vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding snurce. Executive Director Attachments (supporting documentation) Sworn to and subscribed before methis day of 20_by who is personally known to me. Notary Stamp Contract- KAVR-FY/3;page /0 ATTACHMENT C (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) KAIR is a not for profit organization that provides diverse and flexible assistance to the community based on individual needs. These services are provided through collaboration and cooperation with the faith -based community. FOOD - KAIR is a certified food pantry through the regional food bank Feeding South Florida and provides more than 12,000 pounds of food every month to local families from Big Pine Key to Islamorada. At Thanksgiving and Christmas, 600 families received 50 pounds of meat and fresh fruits, vegetables and dessert to ease the struggle of providing a festive meal at the holiday. KAIR also daily provides a sellf- contained bag lunch that can be eaten by local workmen or Laken back to the homeless camps to eat for an evening meal. KIDKAIR - Varied and individually tailored assistance dedicated to the unmet needs of children. One hundred and fifty children from the families that KAIR regularly serves receive new sneakers, backpacks and school supplies in August. Eyeglasses and dental needs are frequently provided to children who are low-income but who are not eligible for Medicaid. An example of this is Anthony who was referred by the Marathon High School. He Could not see well enough to participate in school and was not eligible for Medicaid. KAIR provided him with an eye exam and eyeglasses and helped him get his bike repaired and a bike lock when he got a job. MEDICAL/DENTAL - KAIR coordinates with the primary health clinics Community Health (CHI) and Rural Health Network to provide labs, specialized testing and co -pays for medical and dental services. These "low-cost clinic services still require financial outlays from residents that can barely feed themselves. Although there is a clinic in the Upper Keys that provides free medical care (the Good Health Clinic) and in Key West, there are no medical services between MM75 and 30 that are free to homeless or zero income residents. Prescription assistance is also provided for core diseases such as diabetes, hypertension, epilepsy, etc. Joyce came to KAIR for a bad tooth that needed to be pulled and for help with her epilepsy medicine. KAIR was able to provide the co -pays to get treatment at the clinic, provided her medicine and helped her register for a national prescription program. When she suspected she had cancer, KAIR was able to assist her with the testing and treatment and help her access other appropriate programs. LEGAL DOCUMENTATION - Proper identification papers are critical to have for employment and to access any other assistance programs. KAIR assists people to navigate what can be a difficult process and pays for the necessary birth certificates, marriage certificates, IDs, driver's licenses, etc. Michael came to KAIR and had found a job but was required to have a Florida ID. He had no documentation whatsoever. KAIR helped him get his Arizona birth certificate and a Florida ID. Because the Social Security office is in Key West, KAIR then helped him with bus tickets in order to get his Social Security card. Michael has now been working for six months at a local restaurant, RENT AND UTILITIES - When evidence indicates that future payments can be maintained, or when a plan can be developed to change the current situation, KAIR will assist with rent and utilities. KAIR will also assist when a temporary shortfall of rent or utility money is due to unusual household expenses such as a car repair or medical emergency. Rhonda and her granddaughter were struggling to make ends meet on Social Security and helped by KAIR to move into affordable housing, assisted with the first month's rent and establishing water and electric. Conti -act - KAIR FY13; page 1 11 TRANSPORTATION - Car repairs, gas vouchers and bus passes are provided for documented work related needs or medical necessities. Middle Keys residents almost always have to seek help from Key West medical providers or Upper Keys or Miami providers. Yulia travels to Miami for specialized care for her baby that was born premature. Gas vouchers assist her to keep up with her baby's appointments. RELOCATION - For those residents who can no longer be financially independent in the Keys and have confirmed available family and resources elsewhere in the country, KAIR will relocate them by purchasing bus or plane tickets or gas vouchers. KAIR will also assist with renting a moving truck. Referrals often come from the Sheriff's Dept. KAIR is the only "traveler's aid" in the Keys. When Orlando came to KAIR seeking help for his elderly senile father, KAIR was able fund bus tickets to Alabama for Orlando to take his father back home to other family members, FURNITURE AND HOUSEHOLD GOODS - Donated appliances, furniture, household goods and clothing are distributed at no cost to residents who need them. When Maria's aunt died, her mother came to Marathon and moved into a trailer. She had nothing but a suitcase of clothes. KAIR was able to provide her with bedroom and living room furniture, household goods and linens and even a washer and dryer. BOAT SANITATION - Many low-income workers find that the only affordable 'housing" they can find is a boat in the harbor. KAIR provides toilets, hoses and assistance to install them to residents who are using a boat as affordable housing. Referrals often come from the Sheriffs Dept. When Debbie and her daughter moved to Marathon from Mississippi, they needed help improving the sanitary conditions. KAIR helped with the purchase and the installation of the toilet and hoses as well as help with the transfer fee for the boat. We got involved with Jack, a 90 year old salty Marathoner when he was being threatened with eviction from a local marina. KAIR helped him relocate to the city marina and now provide him with food deliveries. A KAIR volunteer also takes him weekly to do errands and KAIR helps manage his medical appointments, paperwork, etc. CASE MANAGEMENT - KAIR provides follow-up after assistance is given. Assistance is also given to access Social Security, state benefits, prescription assistance, workmen's comp., etc. etc. KAIR is now a community partner with Dept. of Children and Families to assist those in the community with food stamps, Medicaid, nursing home programs and other state benefits. When Doug came to KAIR, he was frantic to get his taxes done stating "I don't want to be in trouble!" He worked at the local garbage company making $9.25/hour and found himself suddenly the custodial parent of a 12 year old boy. He was pretty overwhelmed. KAIR did help him with his taxes and he got a substantial refund and EITC. He also got food, filed applications for food stamps and Medicaid, and KAIR helped him sign his child up for the after school programs. He knows that as things arise and they most certainly will, our door is always open to help him work through the solutions. Contract ­ KATR FY13; page 1 t PUBLIC ENTITY CRIME STATEMEN "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 Vfa public building orpublic work, may not submit bids on leases of real property to public entity, may not be awarded or perform work asa 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 o period of36 months from the date nfbeing placed on the convicted vendor list." Contract- KAIRfY/3; page/� ? SWORN STATEMENT UNDER ORDINANCE NO. 1O-199O MONROE COUNTY, FLORIDA ETHICS CLAUSE /C�"rr nts 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. STATE OF COUNTY OF Ke who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of 2 My commission expires: Contract- KAIRfy/3;page t� 7 The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as condition of working on the ozrnrnodibes or contractual services that are underbid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nm|o conteodere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes sanction on, orrequire the satisfactory participation inadrug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted, 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this Mnn complies fully with the above requirements. STATE OF COUNTY OF (Sigiiatue,' of Respondent) Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, '—~who, after first being sworn byme, (name of vmwmua/ signing) affixed his/her signature in the space provided above on this day of 2 My commission expires: V NOTARY PUBLIC ContractKAIR-F/3; page 1� CONTRACT SUMMARY Contract # Contract with: Literacy Volunteers of Effective [}ate: 10801/12 America - Monroe County, Inc. Expiration Date: 9/30/13 Contract Purpose/Description: provides literacy training to persons of Monroe County. Contract Manager: Lisa Tennyson (Name) for BOCC meeting o 4444 OMB/Grants (Ext.) (Department) nda Dead} CONTRACT COSTS Total Dollar Value of Contract: $10,000.00 Current Year Portion: $10,000.00� Budgeted?YesZ No Account Codes: 001-03205-530340____-____ Grant: ${}.}D ____-___--____---------- County Match: $____ ADDITIONAL COSTS Estimated Ongoing Costs: $___/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Date In Needed Review,e Division Director C�/-°�� YesON Fl RiSk Manage 8nt \ YeSl N«o LQ D.M.B./PZ2sing YesIF-lNoFl County AtiDrney Y = Y8S[l �� NO OMB Form Revised 9/11/95 MCP #2 111MM01M AGREEMENT This Agreement is made and entered into this 17th day of October, 2012, between the BOARD OF COUNTY COMMISSIONERS OFMONRDE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Literacy Volunteers of America — Monroe County, Inc, hereinafter referred tmes"PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of literacy training, and WHEREAS, it is a legitimate public purpose to provide facilities and services related to literacy training to persons of Monroe County, 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 literacy training for persons living in Monroe County, Florida, shall pay to the PROVIDER the sum of TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) for fiscal year 2012- 2013. 2. TERM. This Agreement shall commence on October 1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made 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 ascomplying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty 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 ehoi| 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 ofthis agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at o level sufficient to a||ovv 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. 5. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract -Literacy uvlunteemfY,3;page , 6. PURCHASE OF PROPERTYAll 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. 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement ortheir authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agneernent. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): /a\ IRS Letter ofDetermination and GUI[}ESTARprintout indicating current 501(c)(3) status; (b) List of the OrganizaUon's Board of Directors of which there must be at least S and for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,800 a year or more; if qualified, include a statement of deficiencies with corrective actions recornrnended/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (f) OrganizaUon'sCorporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) [>rganizmdon's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved; (j) Cooperation with County monitoring visits that the County may request during the contract year;and (k) Other reasonable reports and information related to compliance with applicable |avv5, contract provisions and the Scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board tosubstantially and satisfactorily perform and provide the services outlined in Attachment Cto residents ofMonroe County, Florida. Contract -Literacy VobnteemfY/3;page 2 11. AO[TORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney\s fees, court costs, investigative, and out -Of -pocket expenses, as an award against the non -prevailing party, and shall include at±orney'sfees, courts Costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required bythe circuit court nfMonroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. 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. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant tothis 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 toterminate this contract immediately upon delivery of written notice oftermination to the PROVIDER. 17. 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 |icensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and itisexpressly understood that upon a determination by court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 Contract -Literacy Volunteers-FY3; page 3 USC ss. 1681-1683, and 1685-1686\, which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4\The Age Discrimination Act Of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; S) The Drug Abuse Office and Treatment Act of 1972 (PL92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6\ The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL91-61G), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of1g12, sg. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8\ Title VIII of the Civil Rights Act of 1958 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9\ The Americans with Disabilities Act of 1998 (42 USC s. 1201 Note), as maybe amended from time totime, relating to nondiscrimination onthe basis ofdisability; 10\ Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. 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. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate/ to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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 bothe total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition Of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool Coverage shall not be deemed a waiver nfimmunity to the Contract -Literacy VdlunteemfY3;page 4 extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees toexecute such documents asthe County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 27. 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 aL1orney'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. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents/ or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent oremployee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation ofConstitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent ofactual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall Contract -Literacy Volunteers-FY3; page 5 constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. 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 asfollows: For Board: Grants Administrator and Monroe County Attorney 11OOSimonton Street PO Box 1026 Key West, FL33O4O Key West, FL33O41 For PROVIDER Mary Casanova, Executive Director UtenacyVn|unteersofArnehca-MonroaCounty,Inc 14OOUnited St, #1O9 Key West, FL 33040 305-294-4352 305-296-1337FAX 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will ||e in the appropriate court or before the appropriate administrative body in Monroe County, The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution ofany other administrative or legal proceeding. 35. NON -WAIVER. Any waiver ofany 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. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court ofcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by |avv unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as dose as possible to the intent of the stricken provision. 37. 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract -Literacy VolunteeofY/3,page 6 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as ofthe day and year first written above. (SEAL) ATTEST: DANNYL. KOLHAGE, CLERK Deputy Clerk Witness OF MONROE COUNTY, FLORIDA BOARD OFCOUNTY COMMISSIONERS Literacy Volunteers ofAmerica — Monroe County, Inc. (Federal I[}NO. � By Exe ,,94ivO Director Comtrant-Literacy Volunteers-FY/3; page 7 ATTACH 0NENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, asthey relate totravel, are from the Monroe County Code of Ordinances and State laws and regulations. Acover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted tothe vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organizabon'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should bebilled tothe contracting agency. Third party payments will not baconsidered 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 isrequired 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 orhourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, dote, payee, and support for applicable paid 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 orexpress deliveries, the vendor invoice must beincluded. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Cop' 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. Contract -Literacy VokmteemfY3; page Tellefax, Fax, etc. Atax log is required. The log must define the sender, the intended recipient, the dote, 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 ofthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code ofOrdinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. Ifattending aconference nrmeeting, acopy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. Atrave| itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should bedocumented with paid receipLs. 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 reimbursable travel expense atthe 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 bytraveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. Anodometer reading must beincluded onthe state travel voucher for vicinity travel. Mileage isnot allowed from e residence or office to a point of departure. For example, driving from one's home to the airport fora business trip is not reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. Meal guidelines state that travel must begin prior to 6a.rn. for breakfast reimbursement, before noon and end after p.m. for lunch reimbursement, and before G p.m. and end after p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (un|ess' specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract-Liter,acy Volunteers-FY/3; page ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 50OWhitehead Street Key West, FL33O4O The following is a summary of the expenses for for the time period to_______. Check# Payee Reason Amount 101 Company Rent $X,XXX.XX 102 Company Utilities XXX,XX 104 Employee P/Rending O5/14/O1 XXX.XX 105 Employee B P/Rending O5/28/O1 X(X^X}{ (A) Total (B) Total prior payments $ X,X%X.XX (C) Tota| requested and paid (A+ B) $X,XXX.XX /Dl Total contract amount $ X,XXX.XX Balance ofcontract (D-C) 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 orgenization'scontract 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 20 by who is personally known to me. Notary Public Notary Stamp Contract -Literacy Volunteers-FY3;page /0 Attachment C Literacy Volunteers of America— Monroe County, Inc. provides free, confidential, one- to-one and small group literacy instruction in reading, writing and English communication skills. PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity ohrne may not submit e bid on a contract to provide any goods 0rservices to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of 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 of 36 months from the date of being placed on the convicted vendor list." Contract-LiteracyVolunteemfY/3; page 12 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants thathe/it has not employed, retained or otherwise had behalf any former County officer or employee in violation of Section Z of Ordinance 1O-199OVrany County officer oremployee 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 orpurchase price, or otherwise recover, the full amount ofany fee, commission, percentage, gift, or consideration paid to the former County officer oremployee. 60.]�0�� PERSONALLY APPEARED BEFORE ME, the undersigned authority, o, after first being sworn by me, affixed his/her signature, /(name ofindividual signing) inthe space provided above onthis / day of /2O_��_. NOTARY PUBLIC My commission expire�^ � /7 -J(�/�� / / u OMB - MCP FORM #4 Ntricia Moroney -Notary Public City of Pittsburgh, Allegheny County Contract -Literacy NohmteomfY/3;page /J The dersigned vendor in accqrdan_qe,,Wjth Florida Statute 287.087 hereby certifies that: ~(Name of Business) 1/7 1. Publishes a statement notifying employees that thL unlaw'ful manufacture, distrj.84on, dispensing, possession, or use of a controlled substance is prohibited in the work 'ace and specifying the actions that will be taken against employees for violations of such prohibition. - 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities or contractual services that are under bid acopy ofthe statement specified insubsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are underbid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or noio contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance |avv of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain e drug -free workplace through implementation of this section. Asthe person authorized tosign the stateI certify that thisfirm | with the above require ts STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, (I S who, after first being sworn by me, (name of mg|v|clua| sign ng) affixed his/her signature in the space provided above on this day of /2 0NOTARY PUBLIC n , My commission ONE Contract -Literacy unlunmersfYy3tpage /4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Monroe Association for Effective Date: 10/01/12 Retarded Citizens, Inc. Expiration Date: 9/30/13 Contract Purpose/Description: provides services for mentally retarded citizens of Monroe County. Contract Manager: Lisa Tennyson (Name) forBO[[ meeting Total Dollar Value of Contract Budgeted?YesO NoFl Grant: $0.0D0 County Match: $____ 4444 OMB/Grants (Ext.) (Department) endeDead|ine: CONTRACT COSTS Current Year Portion: $155,000.00v' Account Codes: - - - - ADDD7ONALCOST5 Estimated Ongoing Costs: r For:____ (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Date Out Date In Needed Re4wer Division Director YesD N | | Risk Manag t k�~�YeS|l N�� O O.M.B./Purchasing 4�-YeSF1NOF� County Attorney YeSFl Nov] Comments: | UMb FonnRevised 9/ll/95MCP #2 AGREEMENT This Agreement is made and entered into this 17th day of October, 2012, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Monroe Association for Retarded Citizens, Inc, hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of services for mentally retarded citizens, and WHEREAS, it is a legitimate public purpose to provide facilities and services for mentally retarded citizens of Monroe County, 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 mentally retarded citizens living in Monroe County, Florida, shall pay to the PROVIDER the sum of ONE HUNDRED, FIFTY-FIVE THOUSAND AND NO/100 DOLLARS ($155,000.00) for fiscal year2012-2O13. 2. TERM. This Agreement shall commence on October 1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3- PAYMENT. Payment will be made 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 ascomplying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty 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. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to a||uvv 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 tothe 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. 5. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose mfthis Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contraot-IWARC-FY3:page / 6. 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. 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement ortheir authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): (a) lAB Letter ofDetermination and GUIDESTAQ printout indicating current 501(c)(3) status; (b) List of the Organizetion's Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; (c) Evidence o[annual election ofOfficers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; /D Orgenization's Corporate Bylaws, which must include the organizetion's mission, board and membership composition, and process for election of officers; (g) Drganization'y Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions/ and equal employment opportunity previsions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within ]O days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, e profile of clients (including residency) and numbers served, and outcomes achieved; (j) Cooperation with County monitoring visits that the County may request during the contract year;and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board tosubstantially and satisfactorily perform and provide the services outlined in Attachment Cto residents of Monroe County, Florida. ContrarmMARCfv/3; page 11. ATTORNEYS FEES AND COSTS. The County and PROVIDER agree that inthe event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable aLtorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney'sfees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13' CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.]1], Florida Statutes, regarding, but not limited to, solicitation oracceptance ofgifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to itse|f, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. 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. COMPLIANCE ISSUES 16. 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 oftermination to the PROVIDER. 17. 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. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it isexpressly understood that upon a determination by court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2\ Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1585-1686\, which prohibits discrimination on the basis of sex; 3\ Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4\ The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5\ The Drug Abuse Office and Treatment Act of 1972 (PL92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6\ The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of1g12, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9\ The Americans with Disabilities Act of 1990 /42 USCs. 1201 Note), as maybe amended from time totime, relating to nondiscrimination on the basis of disability; 10\ Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement, AMENDMENTS, CHANGES, AND DISPUTES 19. 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. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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 oJnnp|y 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 tothe total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver ofimmunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents asthe County may reasonably require, to include Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement, 26- AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Itz 27. 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, orvolunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and ns|iet disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents Or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent oremployee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation ofConstitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by |avv except to the extent ofactual and Unne|y performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. Noperson orentity shall beentitled torely upon the terms of this Agreement to enforce or attempt to enforce any third -party da|nn or entitlement to or benefit ofany service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall {ontract-MARC-FY73;page 5 constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in vvhUng and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party agfollows: Fgr Board: Grants Administrator and 1100 Simonton Street Key West, FL]3O4O For PROVIDER Diana Renard, Executive Director Monroe Association for Retarded Citizens, Inc. 1401 Seminary Street P.O.Box 428 Key West, FL 33041-0428 305-294-9526 305-292-0078FAX Monroe County Attorney PDBox 1O26 Key West, FL33O41 34. GOVERNING LAW, VENUE, INTERPRETATION" COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution ofany other administrative or legal proceeding. 35. 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 ofthe same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Aoreennentto nap|ao3 any stricken provision with a valid provision that comes as dose as possible to the intent of the stricken provision. 37. 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 [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as ofthe day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk Witness Witness BOARD DFCOUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Monroe County Association of Retarded Citizens, Inc. (Federal ID No. By Executive Directo� ContractMARC-FY3; page 7 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate Lotravel, are from the Monroe County Code of Ordinances and State |ovva and regulations. Acover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs toalso contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and 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 and will not be submitted for reimbursement to any other funding source." 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, noprevious 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 bedirected 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 Acertified statement verifying the accuracy and authenticity ofthe payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary orhourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid 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. Contract-MARCfY/3; page 8 Tellefax, Fax, etc. Ahax 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 ofthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code o[Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. Ifattending aconference ormeeting, acopy Vf the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. Atravd 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 bytraveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must beincluded onthe state travel voucher for vicinity travel. Mileage isnot allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for business trip is not reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. 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 G p.m. and end after p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depredation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board ofCounty Commissioners Finance Department 500 Whitehead Street Key West, FL33O4O The following is a summary of the expenses for for the time period of______ -to_______. Oheck# Payee Reason Amount 101 Company Rent $X,XXX.XX 102 Company Utilities XXX.XX 104 Employee P/Rending 05/14/01 XXX.XX 105 Employee B P/Rending 05/28/01 XXX.XX (A) Total (B) Total prior payments $%,XXX.XX (C) Total requested and paid /A + B\ $ X,X%X.XX (U) Total contract amount $X,XXX.XX Balance of contract ([}-C) I certify that the above checks have been submitted tothe vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are /n compliance with this organ\zation's contract 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 20 by who is personally known to me. Notary Stamp (onhnct-&&ARCfY/3;page /0 ATTACHMENT C (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) Contract-MARC-FY13, page II 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 public building orpublic work, may not submit bids on leases of real property to public entity, may not be awarded or perform work asa 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 of 36 months from the date of being placed on the convicted vendor list." Contract-MARC-F/3; page 12 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA cl vvanantsthathe/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 ] 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 orpurchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer oremployee. 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 IF day of My commission expires NOTARY PUBLIC U PDY EW = Cnnhmut-8&ARCfFY/3\page /8 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance mrognnrna, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities orcontractual services that are under bid a copy of the statement specified in subsection (1). 4. Inthe statement specified in subsection (1), notifies the employees that, asacondition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no|o contendere to, any violation of Chapter 893 (Florida Statutes) orofany controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5)days after such conviction. 5. Imposes sanction on, orrequire the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF ` (Signature of Respondent) COUNTY OF /- PERSONALLYAPPEAREOBEFOREME,theundensignedauthohty, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this � day of ,20/� My commission expires: NOTARY PUBLIC HARDY 3;page /4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract# Contract with: Monroe Council of the Arts Effective Date:_1}/{1^/12 Corporation d/b/a Florida Keys Council of Expiration Date:-09/3O/1�} the Arts Contract Purpose/Description: provides funding to perform and carry out the development, coordination and promotion of the arts throughout Monroe County. Contract Manager: Lisa Tennyson (Name) for BOCC meeting o Total Dollar Value of Contract Budgeted? Yes X No[] Grant: $Q County Match: (Ext.) (Department) 4444 OMB/Grants endaOead|ine: CONTRACT COSTS $57^00D0 Current Year Portion Account Codes: {0i1-{1512-530340-_ ' - - ADDITIONAL COSTS Estimated Ongoing Costs: $/yr For: (Not included in dollar value above) /eg. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Date Out Date In Needed Reviewer, Division Director Yes| | No| | Risk Manage sR NOo/ 74 OM.B./Purlasing 7'--~~y8SFlNoM County Attorney w Y8sElNoEl Comments: UMb �-nnnRev|sed9/ll/95MCP #2 AGREEMENT This Agreement is made and entered into this 17th day of October, 2012, between the BOAR[) DFCOUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Monroe Council of the Arts Corporation d/b/a Florida Keys Council of the Arts, hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER isa not -for -profit corporation established to perform and carry out the development, coordination and promotion of the arts throughout Monroe County, and WHEREAS, it is a legitimate public purpose to provide facilities and services for the development, coordination and promotion of the arts in Monroe County, 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 the development, coordination and promotion of the arts in Monroe County, shall pay to the PROVIDER the sum of FIFTY SEVEN THOUSAND AND NO/DOLLARS ($57,OOO.00)for fiscal year 2O12-2O13. 2. TERM. This Agreement shall commence on October 1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made 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 Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty 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. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement ofexpenditures 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. 5. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract -Monroe Council ofthe Arts-Fv3; page 6. 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. 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec, 55.03, FS, running from the date the monies were paid to PROVIDER. 8. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters orother materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A-K must be provided prior to the payment of any invoices): (a) IRS Letter nfDetermination and BUIDESTAR printout indicating current 501(c)(]) status; (b) List of the Onganization's Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; /c\ Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (f) [>rganization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) [}rganizat|on's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved; (j) Cooperation with County monitoring visits that the County may request during the contract yemr;and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment Cto residents of Monroe County, Florida. Contract -Monroe Council ofthe Arts+FY/3;page o 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that inthe event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable atturney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attnrney'sfees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules ofCivil Procedure and usual and customary procedures required by the circuit court ofMonroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall hind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS, County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112,313/ Florida Statutes, regarding, but not limited to, solicitation nracceptance ofgifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO S0'LICITATI0>N/PAYMEN1F. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, Or otherwise recover, the full amount ofsuch fee, commission, percentage, gift, or consideration. 15. 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, COMPLIANCE ISSUES 16. 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 toterminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. 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 |icensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it isexpressly understood that upon a determination by court of competent jurisdiction that discrimination has occurred/ this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Contract -Monroe Council ofthe Arts-FY/3; page Title VI of the Civil Rights Act of 1964 (PL 88-352) vvhidl prohibits discrimination on the basis of race, color or national origin; 2\ Title IX of the Education Amendment of 1972, as amended (20 USC s5. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC S. 794), which prohibits discrimination on the basis of handicaps; 4\The Age Discrimination Act of 1975, as amended /42 USC ss. 6101-6107\ which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (pL92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL91-516), as amended, relating to nondiscrimination on the basis of alcohol abuse oralcoholism; 7)The Public Health Service Act uf 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USCs. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10\ Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications ofthe services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing bythe County. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided bythis Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related tothis Agreement. 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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 tothe total agreed upon reimbursement amount for the services of the PROVIDER. Contract -Monroe Council ofthe ArtsfY3; page 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, toinclude a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, asrequired by law. INDEMNITY ISSUES 27. 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 at1orney'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. 28$. PRIVILEGES AND IMMUNITIES. All ofthe privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant oragreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent oremployee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent ofactual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person orentity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit ofany service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual orgroup ofindividuals, entity or entities, have entitlements orbenefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Contract -Monroe Council o/the Arm-FY/3;page 5 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement bysigning any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall he in writing and hand -delivered or mailed, postage pre -paid, by certified rnei|, return receipt requested, to the other party as follows: For Board: Grants Administrator and 11OOSimonton Street Key West, FL33O4O For PROVIDER Liz Young, Executive Director Monroe Council of the Arts Corporation d/b/a Florida Keys Council of the Arts 1100SirnonLon Street, Suite 2-263 Key West, FL33O4O 305-295-4369 305-295-4372FAX Monroe County Attorney PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION' COSTS AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, The County and PROVIDER agree that in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. 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 continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either ofthe same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court ofcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by |avv unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as dose as possible to the intent of the stricken provision. Contract -Monroe Council ofthe ArtsfY3; page 37. 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract -Monroe Council of the Arts-FY13; page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as Vfthe day and year first written above. ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk BOARD OFCOUNTY COMMISSIONERS OFMONROECOUNTY, FLORIDA Monroe Council ofthe Arts Corporation (Federal I[)No. By MONROE COUNTY ATTORNEY APPROVED AS TO FORM: ASSISTA�T COUNTY ATTORNEY Date Contract -Monroe Council of the ArtsfY/3; page ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate totravel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organ(zation'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed Lothe contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior torequesting m 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 on individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice (srequired 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 orhourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid 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 mrexpress deliveries, the vendor invoice must beincluded. 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 ofcopies 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. Contract -Monroe Council n/the Ams-FY,3;page 9 Tellefax.Fax, etc. Afax 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 ofpertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose ofthe call. Travel and Meal Expenses Travel expenses must be submitted on O State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code ofOrdinances and State laws and regulations. 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 otthe 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 bytraveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. Anodometer 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 from one's home to the airport for business trip is not reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after Z p.m, for lunch reimbursement, and before 6 p.m. and end after p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depredation expenses (unless specifically included |nthe cVntraot\, entertainment expenses, fundraising, non -sufficient check charges, penalties and fines, Contract -Monroe Council ofthe ArtsfY3; page,0 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board ofCounty Commissioners Finance Department 5OOWhitehead Street Key West, FL33O4O The following isasummary ofthe expenses for for the time period of to Check # Payee Amount 101 Company Rent $y'XXX.XX 102 Company Utilities XXX.XX 104 Employee P/Rending D5/14/O1 XXX.XX 105 Employee B P/Rending 05V28/01 )U0(](X (A) Total (8) Total prior payments $X,XXX.XX (C) Total requested and paid (Af B) $X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance ofcontract (D-C) I certify that the above checks have been submitted tnthe vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization'scontract 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 toand subscribed before methis day of 20_bv who ispersonally known tome. Notary Public Notary Stamp Contract -Monroe Council o/the Arts-FY,3;page 11 Overview of the Florida Keys Council of the Arts (Attachment C) Monroe Council of the Arts Corporation d/b/a Florida Keys Council of the Arts is the liaison among cultural organizations, all levels of government and the private sector in encouraging and promoting the arts throughout Monroe County. The council endeavors to make the arts a part of the fabric of daily life. The Vision Statement: I The vision of Florida Keys Council of the Arts is to enrich the arts and enhance the cultural heritage of the Florida Keys. The mission of the Florida Keys Council of the Arts is to advance the creative development and promotion of the arts in our cultural community by providing excellence in leadership, advocacy, education and financial support for artists, cultural organizations, and citizens of Monroe County. The Florida Keys Council of the Arts is designated by the Board of County Commissioners as the Local Arts Agency (LAA) as provided by Florida Statute 286.011. The scope of services as stated in FKCA's contract with the BOCC for the period April 16, 1997 through September 30, 2016 is to provide the program development and sponsorship necessary to accomplish within Monroe County the goals and purposes set forth in the Florida Fine Arts Act of 1980. BOCC funding supports administrative costs of Florida Keys Council of the Arts (FKCA). This provides the arts council the ability to secure specific project funding through writing grants and raising private funds and then to administer the various grant programs. Although many arts councils in the State of Florida and nationally are divisions or departments of county governments, FKCA is established as a non-profit organization in a public -private partnership with Monroe County. From its inception through fiscal year end 2011, FKCA has awarded $682,993 in privately - raised funds and grants to literary, visual and performing artists and cultural organizations. Add to that sum the Cultural Umbrella event funding, the South Florida Cultural Consortium Visual & Media Artists Fellowships and the Art in Public Places commissions, and the total distributed in the Keys cultural community through FKCA's efforts comes to over $4.8 million to date. The annual economic impact of the non-profit cultural community in the Keys is estimated at over $86 million. Allowable expenses for which FKCA may receive reimbursement from the BOCC are typically listed as data processing, PC time, payroll, postage, delivery, rents, productions, supplies, fax, telephone and travel expenses. Page 1 of 12 Florida Keys Council of the Arts Board of Directors Florida Keys Council of the Arts is managed by a volunteer board and a paid staff. Current board members are: 1. Executive Committee a. Pat Bowman of Key West, Chair b. Sherry Phillips of Big Pine Key, Vice -chair c, Tom Butler of Key Largo, Secretary d. Susanne Woods of Sugarloaf, Treasurer 2. BOCC Liaison a. Commissioner Sylvia Murphy 3, Board Emeritus a. Shirley Freeman of Key West b. Bill Andersen of Key West c. June Girard of Gainesville, Florida 4. Board a. Keith Bland of Key West b. Lucy Carleton of Key West c. Susann D'Antonio of Big Pine Key d. Judy Harris of Ocean Reef e. Karen Leonard of Key West 5. Alternate Board a. Cris Sandifer of Key Largo b. Lois Giffen of Marathon c. Michael Marrero of Key West 6, Advisory Board a. Carol Abramovitz of Key West b. Jon Allen of Key West c. Theresa Axford of Key West d. Martha Barnes of Key West e. Suzanne Campbell of Key West f. Greg Charleston of Key West g. Juliet Gray of Key West h. Bonnie Greenberg of Marathon i. Gayle Hewlett of Marathon j. Darlene LaVelle of Marathon k. Deborah Mermelstein of Key West I. Michael Mayer of Key Largo m. David Miles of Sugarloaf Shores n. Elizabeth Miller of Key West o. Nancy Perez Miller of Key Largo p. Anne O'Shea Quattrini of Key West q. Michael Philip of Key West r. Mark J. Pierson of Key West s. MaryCarlin Porter of Key West t. William Porter of Key West u. Jessica Reilly of Key Largo v. Chris Sante of Key Largo w. Robert Sax of Key Largo Page 2 of 12 x. Christine Scarsella of Key West y. Michael Shields of Key West z. Christopher Shultz of Key West aa. Joyce Stahl of Key West bb. Marcia Somersall of Key West cc. Debra Walker of Key Largo dd. Dean Walters of Sugarloaf, Past Chair ee. Roger Westerlund of Key West ff. Daniela Woody of Islamorada gg. David Harrison Wright of Key West Services to be provided by the Florida Keys Council of the Arts under the 2012/13 Agreement with the Board of County Commissioners of Monroe County, Florida The staff consists of two full time persons, the Executive Director, Elizabeth Young and Business Manager, Jodell Roberts. They are assisted by two part-time people, Executive Assistant, Valerie Vaugouin-Smith (two days per week) and Administrative Assistant/ Membership Specialist, Reen Stanhouse (two days per week) and two part-time contractors, Marketing /Public Relations Specialist, Jackie Schofield and Website Administrator, Kati Van Aernum. Volunteers, including board members, also provide valuable services to the operations. The Responsibilities of the Florida Keys Council of the Arts (FKCA) staff are as follows. 1. Provide professional support and technical assistance to the FKCA board. a. Provide leadership, vision and advocacy for a multi -service Arts Council through fundraising, arts education, granting, providing technical assistance to artists and cultural organizations within the Florida Keys and providing cultural information to visitors and residents. b. Prepare agendas and reports for the FKCA board. c. Present the above information at board and committee meetings and be available to provide additional information relating to these matters at and between the meetings d. Implement the mission, vision, strategic goals and objectives of the organization as set by the Board. e. Provide a central point of contact in the promotion of the arts, artists and cultural organizations in the county. f. Act as advocate and liaison in contacts with the community, media, county commissioners, and cultural organizations both within and outside the county. g. Participate in state and national economic survey data collection and reporting efforts. h. Engage in public speaking and public advocacy for the arts and the Arts Council. i. Engage in event planning and implementation in partnership with other community organizations such as MARC House, Tropic Cinema, Key West Maritime Society. j. Provide program management and development. k. Manage and update a comprehensive web site. I. Maintain a comprehensive database. m. Collect and disseminate cultural event information. n. Provide staffing functions including supervising, hiring, firing, evaluating and daily directions. o. Manage the revolving art in public buildings program in ten county buildings plus commissioners' offices. Page 3 of 12 p. Manage the arts in healthcare program. q, Provide leadership for the Performing Arts Network and Visual Arts Network. r. Be responsible for grant acquisition, asset development, fundraising, and membership growth, including recruiting of foundations, corporations, governmental entities, individual donors and advocates. s. Maintain and increase the existing business and individual membership base t. Maintain and increase the existing grant revenues u. Represent the FKCA in national, state and local cultural associations and inform the Board of all major initiatives undertaken by these organizations. v. Engage in development and nurturing of a continuous funding stream. w. Prepare and manage budgets. x. Outreach to artists and cultural organizations in the Keys and beyond. y. Manage grants and re -granting programs affiliated with the arts. z. Oversee membership and volunteer growth and coordination. 2. Provide professional support and technical assistance to the Art in Public Places (AIPP) board, a. Administer the 1% for Public Art Ordinance passed in 2001. i. Committee members are appointed by the Board of County Commissioners. ii. Serving this past year were Donna Bosold, Chair, Beth Kaminstein, Susann D'Antonio, Nance Frank and Jeffrey Harwell. b. Prepare agendas, reports and visual materials for the AIPP board c. Present the above information at board and committee meetings and be available to provide additional information relating to these matters at and between the meetings d. Serve as liaison and manage flows of information between board and artists e. Serve as liaison and manage flows of information among artists and architects, purchasing and facilities development staff f. Write, edit and distribute Requests for Qualifications (RFQs) and Requests for Proposals (RFPs) in cooperation with County Purchasing and Legal staff g. Track, document, display, and manage the responses to RFQs and RFPs h. Correspond with commissioned artists as required ie Assist facilities development and risk management staff in preparing contracts and agenda items pertinent to AIPP j. Maintain database of qualified artists within county and nationally k. Maintain files of qualified artists for five years I. Store proposals; repack, ship or return as required m. Provide a central point of contact in the promotion of the Art in Public Places Program n. Act as advocate and liaison as requested in contacts with the community, media, county commissioners, and cultural organizations both within and outside the county. o. Prepare and present professional development workshops countywide to assist Monroe County artists in completing required RFQ and RFP. 3. Provide professional support and technical assistance to the Cultural Umbrella (CU) committee of the Tourist Development Council (TDC). Serving on the committee this year are Sherry Philips (chair), Laurie Wickham, Mimi Kolek, Ann Lynch and Bunnie Smith. a. Prepare agendas and reports for the CU committee. b. Present the above information at board and committee meetings and be available to provide additional information relating to these matters at and between the meetings. Page 4 of 12 c. Provide a central point of contact in the promotion of the Cultural Umbrella. d. Conduct workshops in Key West, Marathon and Key Largo to assist organizations in completing their grant applications. e. Act as liaison in contacts with the community, media, county commissioners, and cultural organizations within the county. f. Interact effectively with staff of TDC, NewmanPR Associates and Tinsley Advertising g. Manage funding applications as described in 7. below 4. Advertise all meetings of the FKCA board, AIPP, Cultural Umbrella and other committees pursuant to Florida's Government in the Sunshine standards. a. Place advertising in three county newspapers with paid circulation prior to each meeting b. Record, transcribe and distribute the meeting minutes. 5. Manage additional art in public buildings programs not under the supervision of the AIPP committee. a. Art on display in public buildings program. i. Coordinate the rotating (on loan) art in public buildings displays in ten public county buildings plus commissioners' offices. ii. Support the volunteer curators: 1. Gato Cigar Factory Building (Susann D'Antonio/Keith Bland) 2. Historic Key West Courthouse (FKCA Staff ) 3. Freeman Justice Center (Susann D'Antonio) 4. "Artport" at the Key West Airport (Nance Frank) 5. Lower Keys Medical Center Main Hall (Susann D'Antonio) 6. American Cancer Society (Carrie Helliesen) 7. Marathon Government Center (FKCA Staff ) 8. Marathon Government Annex (Susan Hover) 9. Marathon Airport (Susann D'Antonio) 10. Murray E. Nelson Gov't. & Cultural Center (Cris Sandifer) 11. Plantation Key Courthouse (Cris Sandifer) b. Arts in the Hospital. i. FKCA coordinates the visual arts programs in Lower Keys Medical Center, including a first floor gallery of visual art and mural in the children's wing in cooperation with the hospital's CEO. 6. Secure non -county funds such as grants and private donations to support grants, programs, services and scholarships for local residents listed here and more fully described in 9. through 15. below. a. Artists in Schools b. ArtReach c. Key West Writers Guild Award d. Tropic Cinema Leader Project e. South Florida Cultural Consortium Visual and Media Artist Fellowship f. Special Project Grant g. Band Camp Scholarships h. Arts in Hospital i. Hurricane Emergency Grants 7. Manage Cultural Umbrella grant program, funded by tourist -tax dollars, under contract to the Tourist Development Council and described in 15. below. 8. Manage all of the above -mentioned grant programs. Page 5 of 12 a. Develop guidelines and criteria for grant applications. b. Post applications on internet site http://www.keysarts.com. c. Write, edit and distribute press releases to promote availability of grant opportunities. d. Conduct workshops to assist potential applicants. e. Accept completed applications and secure meeting space. f. Recruit and secure review panelists. g. Create and distribute agenda packets for panelists. h. Take minutes and compile scores at review meetings. i. Take panel recommendations to full board for approval. j, Notify applicants of approval/non approval. k. Prepare letters of agreement and reporting documents. I. Conduct workshops for grantees on managing the awards. m. Write, edit and distribute press release about grantees and their projects. n. Monitor grantee progress toward project completion. o. Make payments upon project completion and receipt of grantee final report. p. Compile and record statistics: persons served, demographics. 9. Secure funds and administer Artists in Schools grants. a. Artists in Schools grants are funded in part by the sale of Florida State of the Arts license plates and by BOCC funds. b. $7,550 was awarded in the most recent completed fiscal year. i. 2,587 children were served in the most recent completed fiscal year. ii. To date, $106,385 has been awarded in Artist in Schools grants. c. Artists in Schools projects, artists, teachers, and schools were: i. Brass Scapes with artist organization Foothills Brass Quintet and teacher Stephen Whitfield and Hammond Gracy at Stanley Switlik Elementary and Marathon Middle & High schools. ii. Flagler Railroad 100th Anniversary Mural Project with artist Lynn Lamont and the Art Guild of the Purple Isles and teacher Fran Young at Island Christian School in Key Largo. iii. Fabric Art with artist Margo Ellis and teacher Christine Shade at Gerald Adams Elementary School. iv. Henry Flagler Alive -The Sunshine Express with artist Paul Jellinek and teacher Susan Ryals at Marathon Middle & High Schools. v. Dancing Classrooms with teaching artists Nina Locardi and Lucy Carleton and teacher Tina Belotti of ECMC at Key Largo School in Key Largo and Glynn Archer Elementary in Key West. vi. Imagination through Synthesization with artist Kristi Ferrise and teacher Kerri Modsewkewski at Stanley Switlik Elementary School in Marathon. vii. Music Mentors with members of the Keys Community Concert Band and teacher Susan Bazin at the Key Largo Middle School. viii, Students Can You Meet the Challenge with artist Connie Hauk and teacher Hazel Hartman at the Big Pine Key Academy Charter School in Big Pine. ix. Styles of the Great Masters with artist Shauna Lee Lange and teacher Sue Heidle at Grace Lutheran School in Key West. x. Shakespeare in School with artists of the Key West Fringe Theater and teachers, David Erhard, Janice Chiesa & Elena Delgado of Key West High, Key Largo School and ACE Schools. 10. Secure funds and administer ArtReach grants. a. ArtReach grants are privately funded and by BOCC funds. Page 6 of 12 b. ArtReach grants are designed to encourage collaborative partnerships between individual artists or cultural organizations and local businesses to expand audiences and increase awareness of arts and business working together. c. $3,600 was awarded in the most recent fiscal year. i. 9,124 persons were served in the most recent fiscal year. ii. To date, $136,836 has been awarded in ArtReach grants. d. ArtReach projects, artists and their partners were: i. Contemporary Cuban -American Artists Exhibit by artist Sandy Rico and San Carlos Institute. iL Art at the Deli by Roger Cunningham and Goldman's Deli. iiL Flutterbys of the Florida Keys by Beryn Harty and Key West Tropical Forest and Botanical Gardens. iv. Key West Fringe Theater presents DINNER by Monnie King and Key West Women's Club. v. Random Acts of Culture by Foothills Brass Quintet and the Florida Keys Concert Association in Marathon. vi. Soup -A -Bowl by Be the Change of the Florida Keys and St. Columba Episcopal Church in Marathon. vii. Three Worlds of Dreams by Juan E. O'Farrill and The Studios of Key West; 11. Secure funds and administer Key West Writers Guild Award. a. FKCA presents a privately funded annual Writers Award, supported by a restricted endowment, and made possible in part by the BOCC funds. b. The Writers Award is a partnership between FKCA and the Key West Writers Guild. c. The Writers Award is a $2,000 annual award for a writer of fiction or non-fiction prose. d. Richard cleGrasse of Marathon received the 2012 award for his novel in progress Haitian Relief, 12. Secure funds and administer Special Project Grants. a. Special Project Grants are privately funded and made possible in part by BOCC funds. b. The purpose of a Special Project Grant is to provide short-term support to vital, creative projects that do not fit into the other grant categories. c. Bounce and Karen Grant-Margil received a grant of $15,000 for their Juggling Arts workshops and performances at seven schools throughout Monroe County. Over 2,064 children were served by this program. cl. To date, $121,950 has been awarded in Special Project grants. 13. Secure funds and administer South Florida Cultural Consortium Visual & Media Artists Fellowships. a. FKCA partners with the arts councils of Dade, Broward, Martin and Palm Beach counties to present the annual South Florida Cultural Consortium (SFCC) Visual & Media Artists Fellowships. b. SFCC Visual & Media Artists Fellowships are funded by the county governments of Dade, Broward and Palm Beach counties. Monroe's participation is made possible in part by the BOCC funding. c. To date, Keys' artists have been awarded $147,000 in these awards. d. Visual artist Nellie Appleby of Key West will receive the 2012 $15,000 fellowship. 14. Secure funds and administer a music camp scholarship. a. Scholarship is privately funded and made possible in part by BOCC funds. Page 7 of 12 b. Two Marathon students received scholarships to attend summer music camps. 15. Secure funds and administer Cultural Umbrella grants. a. Cultural Umbrella grants are funded by tourist -tax dollars. b. Cultural Umbrella grants are designed to encourage cultural tourism in the Keys by drawing new visitors for cultural events or encouraging visitors to extend their stay. c. $745,800 was awarded in the most recent fiscal year. i. 30% is spent on generic cultural advertising. ii. 70% is available for grants. d. The following organizations received funding this year: i. Florida Keys Art Guild ii. Florida Keys Birding & Wildlife iii. Florida Keys Community Concert Band iv. The History of Diving Museum v. Marathon Community Theatre vi. Marathon Garden Club vii. Pigeon Key Foundation viii. Lower Keys Artists Network ix. Lower Keys Chamber x. Key West Art Center xi. Key West Art & Historical Society xii. Key West Botanical Garden Society xiii. Key West Burlesque xiv. Key West Council on the Arts — Impromptu Concerts xv. Key West Film Festival xvi. Key West Fringe — People's Theater of Key West xvii. Key West Garden Club xviii. Key West Harry S. Truman Foundation xix. Key West Literary Seminar xx. Key West Players —Waterfront Playhouse xxi. Mel Fisher Maritime Heritage Society xxii. Monroe Association for ReMARCable Citizens xxiii. Morada Way Arts & Cultural District, Inc. xxiv. Old Island Restoration Foundation xxv. Paradise Ballet Presenters — Nutcracker Key West xxvi. Red Barn Theatre xxvii. Sculpture Key West xxviii. St. Paul's Episcopal Church - Performance xxix. The Studios of Key West xxx. Upper Keys Business Group — Pirate's Fest xxxi. VaInChz Productions 16. Partner with TDC, and secure tourist tax and non -county funds such as grants, ad revenue and private donations to support publications of benefit to tourists as well as residents. a. Gallery Guide b. KeysArts Quarterly Cultural Events Brochure c. Culture Magazine 17. Maintain website htti)://www.keysarts.com. a. FKCA's website provides complete information for visitors and residents about arts and culture in the Keys, from Key Largo to Key West. Page 8 of 12 b. It provides contact information and direct links to all cultural organizations located within the Keys. c. It provides details about FKCA and its vision, mission and services. d. Governing documents such as the articles of incorporation, bylaws and annual audits are posted. e. Board and staff members are listed. f. Cultural Umbrella and Art in Public Places committee members are listed. g. All grant applications and instructions are available for download. h. The Cultural Calendar is posted and e-mailed to members, the public and the media on a weekly basis along with other timely arts information in an attractive newsletter format. i. Calls to Artists are posted. j. Interactive Artists Registry is available. k. Press releases are posted. I. Art in Public Places installations are posted. 18. Recruit and retain members. a. Recruit new members in person and via mail and email campaigns. b. Create annual campaigns for new patrons of the arts. c. Create annual renewal campaign for current members. d. Compose solicitation letters and e-mails. e. Manage design, printing and mailing of these campaigns f, Maintain database in Access and manage mailings. g. Enter new members data and track renewals. h. Synchronize Access with Constant Contact e-mail software. i. Write and send thank you letters promptly. j. Manage special events such as membership parties and fundraising events. k. Attend committee meetings as needed. 1, Coordinate design of invitations. m. Social media communications utilizing Facebook. 19. Perform general office tasks. a. Answer phone, greet public. b. Respond to inquiries by phone, fax, mail, e-mail and walk-ins from artists, organizations and members of the public. c. Maintain prompt, courteous communications with public and cultural community. cl. Maintain files and keep office organized. e. Ensure smooth daily operations. f. Order and maintain supplies and equipment. g. Handle routine correspondence, prepare outgoing mail for mailroom, pick up and open incoming mail. h. Secure meeting and workshop sites and facilities, provide calendar to board monthly of upcoming meetings. 20. Bookkeeping. a. Make weekly deposits and write checks. b. Pay Payroll including 941, Florida U.C. and 403(b) payment. c. Perform Checking, Merchant and Investment account reconciliations. d. Monitor investment accounts. e. Request and manage County reimbursements. t Track expenses to grants. g. Collect and report sales and sales tax statistics. Page 9 of 12 h, Report on use of license tag funds. L Invoice and process payments. j. Perform W2 and 1099 reports at calendar year end. k. Compile information for annual audit at fiscal year end. I. Work with CPA to make journal adjustments. m. Review files and compile information. n. Prepare tax forms as needed. o. Review 990. p. Maintain files of accounts payable and accounts receivable. q. Maintain computer programs on budget accounts, accounts payable and accounts receivable. SUMMARY The Florida Keys Council of the Arts is a non-profit, 501 (c) (3) corporation serving a public purpose. It has been in a contractual relationship with local county government since 1997. FKCA is incorporated with the State of Florida and recognized by the IRS as the Monroe Council of the Arts Corporation, dba Florida Keys Council of the Arts, FEIN 65-0737532. Governing documents, including the articles of incorporation, bylaws and strategic plan are available for review on the arts council's award -winning website, www.keysarts.com. FKCA is the main source of information on arts and culture in the Keys. Cultural tourism is an important component of the tourist -based economy. Additionally, FKCA serves local residents including school children and the elderly. FKCA connects local artists and arts organizations with one another, with their audiences and with the world. It serves 73,329 local residents and three million visitors annually. A nine -member board of directors guides the council, assisted by three alternate directors, three directors emeritus and thirty-three advisory board members. Daily functions are carried out by the executive director, staff, and valued volunteers. FKCA funding is provided by the Monroe County Board of County Commissioners, the Tourist Development Council, members, donors, private donations and grant makers; including the Community Foundation of the Florida Keys, the South Florida Cultural Consortium, the State of Florida, Department of State, Division of Cultural Affairs, the Florida Council on Arts and Culture, and the National Endowment for the Arts. Scope of Services provided by the Florida Keys Council of the Arts for the Tourist Development Council 2012 contract FKCA is the main source of information on arts and culture in the Keys. Cultural tourism is a significant component of the tourist -based economy. Responsibilities include: Provide a central point of contact in the promotion of the arts, artists and cultural organizations in the county. Act as advocate and liaison in contacts with the community, media, county commissioners, and cultural organizations both within and outside the county. a. Manage and update a comprehensive web site which includes an annual calendar of events. b. Maintain a comprehensive database of artists, organizations and patrons. Page 10 of 12 c. Collect and disseminate cultural event information. d. Interact effectively with all staff of the TDC, Tinsley Advertising and NewmanPR Associates. e. Participate in state and national economic survey data collection and reporting efforts to stay current in tourism trends. f, Request and manage monthly TDC reimbursements. g. Provide program management and development. h. Manage the revolving art in public buildings program in two airports, ten county buildings and commissioners' offices. i. Represent the FKCA in national, state and local cultural associations and inform the Board of all major initiatives undertaken by these organizations to promote tourism. j. Outreach to artists and cultural organizations in the Keys and beyond. k. Engage in event planning and implementation in partnership with other community organizations such as MARC House, Tropic Cinema, Key West Maritime Society, etc. Publish and distribute publications of benefit to tourists as well as residents: Gallery Guide i. The Gallery Guide is a popular fold -out map and guide to more than 50 Keys' art galleries. All galleries are eligible to participate by sharing in the cost of production. ii. 30,000 copies are distributed annually to over 200 Keys' locations, including hotels, guesthouses, chambers and museums. iii. The Gallery Guide is also included in national and international press kits, and distributed at travel trade shows. iv. The Gallery Guide is updated in both content and style to maintain it's appeal and accuracy. KeysArts Quarterly Cultural Events Brochure v. KeysArts is a printed comprehensive cultural calendar listing all of the cultural events including theater, concerts, gallery receptions and exhibits, festivals, dance, literary and museum programs happening throughout the Keys in a three month period. vi. 32,500 copies are distributed annually to over 200 Keys' locations vii. KeysArts is also included in national and international press kits, and distributed at travel trade shows. Culture Magazine viii. Culture Magazine produced by Tinsley Advertising in cooperation with the Cultural Umbrella committee. ix. The magazine is an annual insert in the In -Room Concierge hard cover book placed in hotel rooms throughout the Keys. x. In addition to the insert, free-standing copies are printed and distributed locally by the Arts Council. It is included in national and international press kits, and distributed at travel trade shows. xi. Culture Magazine is currently the most downloaded brochure on the TDC's award -winning website, www.fla-keys.com Our website — www.keysarts.com o FKCA's website provides complete information in a visually attractive and easy to navigate format using contemporary graphic design for visitors and residents about the arts and culture scene from Key Largo to Key West. o It has a direct link to the TDC website. Page 11 of 12 * It provides contact information and direct links to all Keys' cultural organizations by category for easy reference for visitors. * The Cultural Calendar is posted and e-mailed to media, members and the public on a weekly basis along with other timely arts information in an attractive newsletter format. * Art in Public Places installations and photos are posted. * Calls to Artists are kept current and posted monthly. * Interactive Artists Registry is available. * Press releases are archived. Compile, write, edit and publish cultural event calendar listings and calls to artists in various formats, a. Gather and edit cultural information by phone, mail and e-mail with visual, literary and performing artists, cultural and community organizations, and other members of the public b. Coordinate with advertising, printing, public relations, webmaster and internet providers as needed to maintain product quality. c. Conduct environmental scanning of newspapers and websites including, but not limited to, www.fla-keys.com and www.kevsnews.com. d. Send cultural calendar to 15 local print publications, radio stations and media outlets in South Florida weekly including NewmanPR, Key West Citizen's Paradie section, Conch Color, KONK Life, Keynoter and Free Press. e. Send by e-mail to opt -in subscriber list weekly. f. Compile, edit and route information for use in KeysArts Quarterly and annual Culture Magazine and various regional and national calendars, publications and websites. Maintain prompt, courteous communications with public and cultural community -- approximately 150 requests per month whether phone, e-mail, in -person from visitors (events, public art exhibits, galleries, workshops), including artists, musicians, performers, and writers (advising on how to get involved in festivals, gallery shows, public art, auditions, performing arts venues available, publicizing classes, how to set up and publicize their own events). Page 12 of 12 PUBLIC ENTITY CRIME STATEMENT "/\ 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 public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work asa contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 387.017, for CATEGORY TWO fora period of 36 months from the date of being placed on the convicted vendor list." Contract -Monroe Council n/the AnafY/3;page /3 ETHICS CLAUSE 3VV0RN STATEMENT UNDER ORDINANCE NO. 10-1990 M0NR0ECDUNTY FLORIDA 14 1,- Al-R-"IS 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 ] 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 ofmission, percentage, gift, or consideration paid to the former County officer pr-'emptoyee. —�- . STATE OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/ er signature (name ofindividual signing) in the space provided above on this day of � My commission expires: 801*6 lhm* NOW* Mary Assn, Am Contract -Monroe Council ofthe ArtsfY3; page 14 The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations ofsuch prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining adrug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities orcontractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as condition of working onthe commodities orcontractual services that are under bid, the employee will abide bv the terms of the statement and will notify the employer ofany Conviction of, or plea of guilty or no|m oontendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance |avv of the United States or any state, fora violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement,I c,ertify that this firm with the above requirements. STATE OF COUNTY OF Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, Z.- who, after first being sworn by , (name of mu/"/vua/ sign/g)*6mxeu /vs4neys/gnuture in the space provided above on this My commission expires: ani-Wro Contract -Monroe Council ofthe Arts-Fy3; page 15 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Effective Date: 1�0/Y01/12 Expiration Date: 9/30/13 Contract Purpose/Description: provide shelter for women and children and substance abuse - related services for persons of Monroe County Contract Manager: Lisa Tennyson (Name) for BOCC meetinq on 4444.OMB/Grants Mat. (Ext.) (Department) ndaDead|ine: CONTRACT COSTS Total Dollar Value of Contract: $90,000.00 Current Year Portion: $90,000.00= Budgeted? Yes X No Account Codes:001-03214-530340 �------' Grant: $ O County Match: $0 ADDITIONAL COSTS Estimated Ongoing Costs: For: (Not included in dollar value above) (eg. Maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director Yes[l No[] Risk Manage t _~"° `�' YeSF�NO�� �*� (}.M.B./Pu�h�Bing �^�__~_ Y�8SE1NOEl ` County Attorney ��- -v= Yes[-] N0�� �� -- AGREEMENT This Agreement is made and entered into this 17th day of October, 2012, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Sarnue|'s House, Inc., hereinafter referred to as "PROVIDER," WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of women and chi|dren'shousing and support, and WHEREAS, it is a legitimate public purpose to provide facilities and services for women and chi|dren'shousing and support, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, itisagreed 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 women and chi|dren's housing and support in Monroe County, Florida, shall pay to the PROVIDER the sum of NINETY THOUSAND AND ND/100 DOLLARS ($90,000.00) for fiscal year 2012-2013. 2. TERM. This Agreement shall coonrn8D[e on October 1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made 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 ascomplying with Monroe County Code of Ordinances, State laws and regulations and Attachment /\ - 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 notarized certification statement. An e»mnnp|e of reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date ofthis contract shown in Article 2above. 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. u&. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement ofexpenditures 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. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose ofthis Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. 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. 7. RECORDS. PROVIDER shall maintain all books records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, PS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter ufDetermination and GU3[)ESTAR printout indicating current 501(c)(3) status; (b) List of the OnganizatioO'a Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions reconnnnended/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (D {)rganization"a Corporate Bylaws, which must include the organ(zation's mission, board and membership composition, and process for election of officers; (g) Drganization'a Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment [); (i) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved; (j) Cooperation with County monitoring visits that the County may request during the contract year;and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board tosubstantially and satisfactorily perform and provide the services outlined in Attachment C to residents ofMonroe County, Florida. 11. ATT0`RNEY'SFEES AND COSTS. The County and PROVIDER agree that inthe event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to House-FY3; page 2 reasonable attornev's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney'sfees, courts coats, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use *fcertain information. 14. NO SOLICITATI0`N/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon Or resulting from the award or making of this Agreement. For the breech or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. 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. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant tothis 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. 17, 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 iacontingent upon retention ofappropriate local, state and/or federal certification and/or |icensure of the PROVIDER'S program and staff. 18- NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it isexpressly understood that upon a determination by court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County orPROVIDER agree tocomply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1\ Title VI of the Civil Rights Act of 1954 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1586)/ which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 784), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 HoosefY3; page USC sa, 6101-6107\ which prohibits discrimination on the basis Vfage; 5) The Drug Abuse Office and Treatment Act of 1972 (PL92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL91-G1G), as amended, relating to nondiscrimination on the basis of alcohol abuse oralcoholism; 7) The Public Health Service Act of1912, aa. 523 and 527 (42 USC aa. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC a. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)The Americans with Disabilities Act of 1990 (42 USCs. 1201 Note), as maybe amended from time totime, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement, AMENDMENTS, CHANGES, AND DISPUTES 19. 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 bythe County. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided bythis Agreement orby Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, tothe extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party tothis Agreement shall be required to enter into any arbitration proceedings related tothis Agreement. 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits aarecited inthis Agreement. 23. 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 tothe total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver ofimmunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. Hnusefv3; page 4 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. 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. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent oremployee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability hyreason of the execution ofthis Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent ofactual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. Noperson orentity shall beentitled torely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit ofany service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER orany agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the pa/ties hereto may execute this Agreement bysigning any such counterpart. HousefY3; page 5 33. NOTICE. Any notice required or permitted under this agreement shall be in vvhhng and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party asfollows: For Board: Grants Administrator and 11ODSimonton Street Key West, FL33U4U For PROVIDER Elmira Leto, Executive Dke-c-tnr Samuel's House, Inc. 1614 Truesdell Court Key West, FL 33040 305-296-0240 305-296-4219 FAX Monroe County Attorney PO Box 1026 Key West, FL33O41 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. 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. 36. SEVERAJBILITY. Ifany term, covenant, condition or provision ofthis Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court ofcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE 0FOLLOW] VouseFY3;page G IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as Vfthe day and year first written above. ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk Mayor/Chairman Sarnue|'sHouse, Inc. (Federal IL}No. 107 By Executive Director House-Fv3; pager ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate totravel, are from the Monroe County Code ofOrdinances and State laws and regulations. Acover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs toalso contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organizat(on'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed tothe contracting agency. Third party payments will not beconsidered 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 bedirected to3US-292-3534. Data Processing, PCTime, etc. The vendor invoice isrequired for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll /\ 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 orhourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid 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 orexpress deliveries, the vendor invoice must beincluded. 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. Hoxuse-FY/3;page B Telefax, Fax, etc. Afax log isrequired. 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 ofthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expeoses. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. Ifattending aconference ormeeting, acopy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. Atrave| itinerary is appreciated tofacilitate 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 atthe destination. Airport parking during a business trip |snot. A detailed list ofcharges 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. Mileage reimbursement shall beatthe rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. Anodometer 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 from one's home to the airport fora business trip is not reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. Meal guidelines state that travel must begin prior to G a.m. for breakfast reimbursement, before noon and end after 2 p,nn, for lunch reimbursement, and before 5 p.m. and end after p.m. for dinner reimbursement. 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, fundraising, non -sufficient check charges, penalties and fines. HouseFYt3;page 9 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board ufCounty Commissioners Finance Department 5OOWhitehead Street Key West, FL33O4U The following is a summary of the expenses for for the time period of to . Check# Payee Reason Amount 101 Company Rent $X,XXX.XX 102 Company Utilities XXX.XX 104 Employee p/R ending 05/14/01 XXX.XX 105 Employee P/Rending 05/28/O1 >XX.>U( (/\) Tota| (8) Tota| prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $X,XXX.XX (D) Tota | contract amount ¢X,XXX.XX Balance ofcontract (D-C) I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before rnethis day of 20bv, who is personally known to me. Notary Public Notary Stamp /ouoefY13;page /0 ATTACHMENT C Our mission is to provide housing in a nurturing environment for homeless men, women, women with children and families and to provide them with care coordination beneficial to their physical, mental, emotional and spiritual well-being. 422.�P �** - U Specifically, funds received from the 2013 HSAB grant will be used for The Mary Spottswood Women's Center Emergency Shelter in order to provide: General agency operations such as utilities (electric, gas, water, sewer, phone), drug testing supplies, basic essential items necessary to provide quality of life for clients (i.e. food, personal hygiene products, cleaning supplies), maintenance and security * Case Management Services PUBLIC ENTITY CRIME STATEMENT � "A person oraffiliate 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 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 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 fora period of 36 ' months from the date ofbeing placed onthe convicted vendor |ist." Houeef9'/3tpage /2 SWORN STATEMENT UNDER ORDINANCE NO. 1O-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE �� wc~�~�' �'m~�� �~ �~=--" ��4�_7Z- warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer oremployee in violation of Section 2 of Ordinance No. 10-1990 or any County officer uremployee 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 ofany fee, commission, percentage, gift, or consideration paid tuthe former County officer STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, IV A i� who, after first being sworn by me, affixed his/her signature (name ofindividual signing) in the space provided boveon thi day of �v_��_. My commission expires: ENNIMSTWITAq M., ��� ��71t�11w������ /ouae+=Y/3:page /3 The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1)/ notifies the employees that, as n condition of working on the commodities or contractual services that are underbid, the employee will abide by the terms of the statement and will notify the employer ofany conviction of, or plea of guilty or no|o conLendere to, any violation of Chapter 893 (Florida Statutes) orofany controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (S) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. Asthe person authorized to sign the statement, Icertify that this firm complies fully with the above requirements. STATE OF ' (Signature of Respondent) COUNTY OF Date PERSONALLY APPEARED BEFORE ME, the d gnedauthohty, who, after first being sworn by me, (name of individual si0ninq) affixed his/hersiqnature in the space provided above on this HousefY3;page /4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Rural Health Network of Effective Date: 1{/]/12 Monroe County, Florida, Inc. Expiration [}ate: 9/3{/]3 Contract Purpose/Description: provides primary care medical services, oral health care services and support services to citizens of Monroe County. Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 10/17/12 4444 OMB/Grants Mgt. (Ext.) (Department) CONTRACT COSTS Total Dollar Value of Contract: Current Year Portion: °' Budgeted?YesX No Account Codes: 001-03240-530340 Gnent$OIX] County Match: $0.00 ADDITIONAL COSTS Estimated Ongoing Costs: $[\{00/yr For: (Not included in dollar value above) (eg. Maintenance, utilities, janitorial, salaries, Division Director County Attorney CONTRACT REVIEW Changes Date Out Date In Needed Review Y8sRNO YeSDNOM � YeSFlNOEl OMB Form Revised 9/11/95MCP #2 AGREEMENT This Agreement is made and entered into this 17th day of October, 2012, between the BOARD OF COUNTY COMMISSIONERS OF MDNROE 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 medical and oral health care services to the citizens of Monroe County, and WHEREAS, it is a legitimate public purpose to provide facilities and services related to medical and oral health care services to the citizens of Monroe County, 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 medical and oral health care services to the citizens of Monroe County, Florida, shall pay to the PROVIDER the sum of THREE -HUNDRED THOUSAND AND NCV100 DOLLARS ($3O0,DOO.00)for fiscal year Z012-2O13. 2. TERM. This Agreement shall commence onOctober 1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made 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 tVthe funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expanses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty 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 ofthis agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to a|iovv 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. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract -Rural Health oem,orkf=Y/3;page / 6. 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 tostatutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party tothis Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 8. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers/ letters orother materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish tothe County the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter ofDetermination and GUIL}ESTAR printout indicating current 501(c)(]) status; (b) List ofthe Organization's Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recornrnended/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (f) Organization'sCorporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; /g\ Organization^s Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); /i\ Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved; (j) Cooperation with County monitoring visits that the County may request during the contract year; and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment Cto residents ofMonroe County, Florida. Comtraow9wmHealth N*twxkfY/3;page o 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that inthe event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable at±orney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney'sfeeS, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the hu|| amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. Atall 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. COMPLIANCE ISSUES 16. 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 oftermination to the PROVIDER. 17. 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 iicensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and i1isexpressly understood that upon a determination by court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1954 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 Contract -Rural Health mewmnk-FY/3;page 3 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4)The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5\The Drug Abuse Office and Treatment Act of1972 (PL92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9\ The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time totime, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications ofthe services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing bythe County. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties/ then any party shall have the right to seek such relief or remedy as may be provided bythis Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party tothis Agreement shall be required to enter into any arbitration proceedings related tothis Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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 bedeemed to impose any obligation upon the Board in addition tothe total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver ofimmunity to the Cori tract -Rural Health Nemmrk-fY/3;page 4 extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents asthe County may reasonably require, to include Public Entity Crime Statement, anEthics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all da|rns 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. 28. PRIVILEGES AND IMMUNITIES. All ofthe privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant oragreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent nremployee ofMonroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation ofConstitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by iavv except to the extent ofactual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or Statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. Noperson orentity shall beentitled torely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER orany agent/ officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general orfor the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall Contract -Rural Health Netwnx~FY/3;page 5 constitute one and the same instrument and any of the parties hereto may execute this Agreement bysigning any such counterpart. 33. 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, tothe other party as follows: For1Boa[L* Grants Administrator and Monroe County Attorney 11OOSimonton Street PO Box 1026 Key West, FL3304O Key West, FL33041 For PROVIDER Daniel Smith, Chief Executive Officer Rural Health Network ofMonroe County, Florida, Inc. ay 3706'e/�� � S7�`�' �� ����� Maf ��� ���7~ ^ — �� "-- " =~ 305-517-6613 ^ ' ~ 305-517-6617FAX 34, GOVERNING LAW, VENUE' INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will ||e in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. 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. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court ofcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by \avv unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes asclose as possible tothe intent ofthe stricken provision. 37. 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TOFOLLOW] Contract -Rural Health Netwxt-FY/3;page 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as ofthe day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk BOARD OFCOUNTY COMMISSIONERS OFMON0]ECOUNTY, FLORIDA Rural Health Network ofMonroe County, Florida, Inc. (Federal I[}No. ) By Chief Executive Officer ASSIST NT COUNTY ATTORNEY Date Contract -Rural Health Network-fM3; pager ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate totravel, are from the Monroe County Code ofOrdinances and State laws and regulations. Acover letter (see Attachment B) summarizing the major line items on the reimbursable expanse request needs to also contain the following notarized certified statement: "l certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should bebilled tothe contracting agency. Third party payments will not be considered for reinnbursernenL. 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 beconsidered aii-inciusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should badirected to3O5-292-]5]4. Data Processing, PCTime, etc. The vendor invoice iGrequired 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 urhourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid 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 ufcopies 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. TeUefax, Fax, etc. Ahnx 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 ofthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expensea. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. Ifattending aconference ormeeting, acopy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. Atrave| 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 bytraveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence oroffice to a point of departure. For example, driving from one's home to the airport fora business trip is not reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. 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 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included inthe contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract -Rural Health Newwrk-FY/3;page 9 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board ofCounty Commissioners Finance Department 5ODWhitehead Street Key West, FL 33040 11005,10 The following is a summary of the expenses for ( for the time period of to . Check# Payee Reason Amount 101 Company Rent $ %,XXX.XX 102 Company Utilities XXX.XX 104 Employee p/Rending OS/14/O1 XXX.XX 105 Employee B P/Rending O5/28/01 >0(Xj0( (A) Total XX (B) Total prior payments X,XXX,XX (C) Tota\ requested and paid (Af B) $X,XXX.X% (D) Total contract amount X,XXX.XX Balance ofcontract (D-C) 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 ofthis organization. Furthermore, these expenses are in compliance with this organization'scontract 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 who is personally known to me. Notary Public Notary Stamp [onomut-Rwra/Health Ne*mnrk-FY/3tpage /D ATTACHMENT C (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) �* • • k- Rural Health Network of Monroe County Florida is dedicated to the mission of providing the residents and visitors of Monroe County with access to affordable quality healthcare with unrelenting attention to clinical excellence, patient safety and unparalleled passion and commitment to those we serve, while respecting the dignity and equality of all those we serve. Vision Provide leadership and guidance, through joint alliances and partnerships with healthcare entities and professionals in Monroe County, leading to patient outcomes that exceed their expectations and satisfaction. Strategic Goals • Employees: A recognized employer of choice in Monroe County. • Quality: Be the quality and efficiency standard; while delivering safe, effective patient care and follow-up. • Service: The standard bearer for the highest value health and wellness services in Monroe County, reflecting our community's values and standards. • Finance: Fiscal stewardship of the funds entrusted to us to help others. • Monitoring: Continual review and management of all operational activities to improve performance, outcomes and the efficient delivery of services. • Cooperation- Between staff and patient, as well as clinical specialties and professions. • Integrity — Honesty, fairness and self -scrutiny in everything we do, as the ideal means to protect overall safety, as well as assure confidentiality and privacy. • Trust — Honest and open communication with patients and among staff. • Teamwork — Recognize the contributions of all and the sacrifices made for the benefit of the patient so as to enhance the overall health of Monroe County and to work in cooperation with other organizations to protect our vulnerable populations. • Compassion — Caring of our neighbors ends our day on a good note. RHN Oral Health Care / Dental Services: RHN provides direct access to quality dental care services to the uninsured and underserved populations of Monroe County, Fi- through our company clinic(s), offering a sliding fee scale for those according to the Poverty Guidelines. RHN Medical Services / Primary Care via our Federally Qualified Health Center: RHN provides direct access to quality primary care services to the uninsured, under -insured and underserved populations of Monroe County, Fi- through our newly established Access Point / clinic, offering a sliding fee scale for those according to the Federal Poverty Guidelines and as dictated by the Federal Bureau of Primary Care. Outreach Services: Although not necessarily under this contract and /or exclusively by this contract; our community outreach programs; including Kid -Care, Healthy Kids, Ryan White (HIV), Title X (family planning), cancer screenings, dental sealants for children provide residents and visitors of Monroe County access to affordable specialty services throughout the county when financially able to do so. Contract -Rural Health Network-FY13; page 11 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 beawarded or perform work asa 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 of 36 months from the date of being placed on the convicted vendor list." Contract-PuratHealth Network-F,3; page 12 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA vvarrantsthathe/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 orpurchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid tothe former County officer employee. (signature) STATE OF y~ //�ea, COUNTY OF �Y PERSONALLY APPEARED BEFORE ME, the undersigned authority, L,,?4 who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of NOTARY PUBLIC My commission expires: RMNotary Public - State of Florida My Comm Expires Jun 20, 2015 ...... Bonded Through National Notary Assn, [onmactfue/Health NeurorkfY/3;page ,3 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name VfBusiness) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4, In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are underbid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no\o contendane to, any violation of Chapter 893 (Florida Statutes) orofany controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain adrug-free workplace through implementation of this section. ASthe person authorized tmsign the statewith the above requirements. STATE OF (Signature of Respondent) COUNTYOF Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of My commission expires: NOTARY PUBLIC My Comm, Expires Jun 20, 2015 Bonded Through National Notary Assn. (onmeot-Rum/Health memomfY,3;page ,4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract# Contract with: Star of the Sea Effective [}ate: 1{\/}1/12 Foundation, Inc. Expiration Date: 9/30U13 Contract Purpose/Description: provides funding for a food pantry for disadvantaged persons of Monroe CowDty. Contract Manager: Lisa Tennyson (Name) (Ext.) (Department) 4444 OMB/Grants da[}ead|ine: CONTRACT COSTS Total Dollar Value of Contract: $55^0080J00 Current Year Portion: $55^0800L00~ Budgeted?YeS"�� , No Fl �� Account Codes: {D}1-03246 -530340- Grant: $0,{D} County Match: $____ ____-------------------- ADDITIONAL COSTS Estimated Ongoing Costs: $___/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Date In Needed Division Director YesR NoR Risk Mana �Yes\] NoN3 �� ~~ [� � O.M.B./Pu.`...s�ng�7��,_ Yes�� No[��County Attorney YesR Noo OMB Form Revised 9/11/95 MCP #2 Date Out Reviewer el |^� AGREEMENT This Agreement is made and entered into this 17th day of October, 2012, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Star of the Sea Foundation, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of certified food pantry for disadvantaged persons, and WHEREAS, it is e legitimate public purpose to provide facilities and services related to the provision of food pantry for disadvantaged persons of Monroe County, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: �1E�� 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 related to provision of certified food pantry for disadvantaged persons living in Monroe County, Florida, shall pay to the PROVIDER the sum of FIFTY-FIVE THOUSAND AND NO/100 DOLLARS ($55,000.00) for fiscal year 2012-2013. 2. TERM. This Agreement shall commence on October 1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made 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 ascomplying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The onganizat\on's final invoice must be received within thirty days after the termination date of this contract shown in Article Z 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 wfthis agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to a||ovv 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. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose ofthis Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. 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. Contract - Star of the Sea FY132; page I 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement ortheir authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 8. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject tothe provisions ofChapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter ofDetermination and GUIOE5TARprintout indicating current 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be at least 5 and for each board rnernbar please indicate when elected to serve and the length of term of service; /c\ Evidence of annual election of Officers and Directors; /d\ Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recornnnended/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (D Drganization'sCorporate Bylaws, which must include the organ\zation's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within ]O days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved; (j) Cooperation with County monitoring visits that the County may request during the contract year; and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board tosubstantially and satisfactorily perform and provide the services outlined in Attachment Cto residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attornev's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attnrney'sfees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. 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. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant tothis 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 toterminate this contract immediately upon delivery of written notice oftermination to the PROVIDER. 17. 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 |icensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Tide VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 UBC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 Of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4\ The Age Discrimination Act of 1975, as amended (42 Contract - Star of the Sea FY132; page 3 USC gs. 6101-6107\ which prohibits discrimination on the basis of age; 5\ The Drug Abuse Office and Treatment Act of 1972 (PL92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL91-61G), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7\The Public Health Service Act of1912, sS. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8\ Title VIlI of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USCs. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. 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. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. Contract - Star of the Sea FY132; page 4 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. 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. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers` compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Contract - Star of the Sea FY132 page 5 33. 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 asfollows: For Board: Grants Administrator and 11OOSimonton Street Key West, FL33O4D For PROVIDER Tom Callahan, Executive Director Star ofthe Sea Foundation, Inc. 564OMaloney Avenue Key West, FL 33040 305-292-3013 305-292-3014FAX Monroe County Attorney POBox 1O26 Key West, FL33O41 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, The County and PROVIDER agree that in the event of conflicting interpretations of the terms or term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver ofany 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. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court ofcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by |avv unless the enforcement of the remaining terms, covenants/ conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as dose as possible to the intent of the stricken provision. 37. 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract - Star of the Sea FY132; page 6 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. NOLHABE, CLERK in Deputy Clerk Star of the Sea Foundation, Inc. By Conti -act - Star of the Sea FY132; page 7 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate totravel, are from the Monroe County Code of Ordinances and State laws and regulations. Acover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs toalso contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed tothe contracting agency. Third party payments will not beconsidered 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 beconsidered 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 orhourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid 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 orexpress deliveries, the vendor invoice must beincluded. 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 ofcopies 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. Contract - Star of the Sea FY132; page 8 Telefam, Fax, etc. Afax 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 /\ user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose ofthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. Ifattending aconference Vrmeeting, acopy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. Atnave| 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 tothe 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 Adetailed list ofcharges isrequired onthe lodging invoice. Balance due must b8zero. Room must be registered and paid for bvtraveler. The County will only reimburse the actual room and related bed Lax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence oroffice toapoint ofdeparture. For example, driving from one's home tothe airport fora business trip is not reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE %XVI,TKAVEL PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.rn, for lunch reimbursement, and before 6 p.m. and end after p.m. for dinner reimbursement. 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, fundraising, non -sufficient check charges, penalties and fines. Contract - Star of the Sea FY132; page 9 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board ofCounty Commissioners Finance Department GOOWhitehead Street Key West, FL33U4O The following is a summary of the expenses for / for the time period of to Oheck# Payee Reason Amount 101 Company Rent $X,XXX.X% 102 Company Utilities XX%.%% 104 Employee p/Rending U5/14/O1 XXX.XX 105 Employee P/Rending O5/28/O1 XXX.)X (/\) Total (B) Total prior payments $ X,%XX.XX (C) Total requested and paid (Af B) $X,XXX.XX (0) Total contract amount $ X,XXX.XX Balance of contract (D-C) I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization'scontract 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 who is personally known to me. Notary Public Notary Stamp Contract - Star of the Sea FY132; page 10 ATTACHMENT C pfflzfflg! !�'! ` ! Food: The Star of the Sea Mission is a certified food pantry that is now serving an average of 45,000 pounds of life-saving emergency food bags every month. The Mission stocks a variety of foods that represent a well-balanced diet and specific foods for persons who require special diets. Homeless Prevention Services: The Star of the Sea Mission provides assistance with utilities payments and rent and mortgage payments for those in imminent danger of foreclosure or eviction and has budgeted over $112,000 towards this in FY 201Z Bus Tickets: The Star of the Sea Mission provides one-way bus tickets to individuals (including inmates who have been released from the Monroe County Jail). Many others come to us through various local social services agencies. Prescription drug assistance: Through arrangements with local pharmacies we provide reimbursement (at negotiated discount rates) for many commonly prescribed prescription medications. Other services: The Star of the Sea Mission provides internet access to apply for Food Stamps, Temporary Cash Assistance, Medicaid and other services as may be applicable, Tons of other goods and clothing are donated and distributed each year as well, We received and redistributed over ten (10) tons of furniture, bed linens and clothing donated by the US Navy (in 2011 alone). Our goal is to help any needy individuals who make their way to our doors "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 public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work non contractor, supplier, subcontractor, orconsultant 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 of 36 months from the date of being placed on the convicted vendor list." Contract - Star of the Sea FY132; page 12 The undersigned vend in accord a n ce,,with Florida 287.O87hereby certifies that: JV, f.,/ / /�^� ` /p (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Z. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no|n contendere to, any violation of Chapter 893 (Florida Statutes) orofany controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5)days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the the above requirements. STATEOF (Signature of Respondent) COUNTY OFA1\11\iE Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by oaK* Z individual signing) affixed his/her signature in the space provided above on t Iko 1. AA - My commission expires: NOTARY PUBLIC SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE 04� U4 A/4W 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. 0 STATE OF — COUNTY OF A PERSONALLY APPEARED BEFORE ME, the undersigned authority, \J - who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of �r NO FARY PUBLIC MycDrn[nisSion expireS: �� Contract - Star of the Sea FY1 32; page 13 MONRDECOUNTY BOARD DFCOUNTY COMMISSIONERS CONTRACT SUMMARY Contract# Contract with: United States Fellowship Effective [}ate: 10/{}1/12` of Florida, Inc. d/b/a Heron -Peacock Expiration Data: 9/30/13 Supported Living Contract Purpose/Description: Provides funding for services such as housing, mental health support, transportation and supervision for disadvantaged persons with mental illness in Monroe CounW. Contract Manager: Lisa Tennyson 44444 {]Y4BUGra21s (Name) (Ext.) (Department) Agendafor BOCC meeting on 1DJ!7J12 Deadline: CONTRACT COSTS Total Dollar Value of Contract: $35,000.00 Current Year Portion: $35,000.00 Budgeted? YesE No 0 Account Codes: 001-03233-530340-- County Match: $_ ADDITIONAL COSTS Estimated Ongoing Costs: $ yr For: (Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries, Division Director Risk Management County Attorney NO���M CONTRACT REVIEW Changes Date Needed In YesD_ _ YesRNmK� Yes[lNo[E] Y8S[lNOM OMB Form Revised 9/11/9SMCP #2 Reviewer Date Out AGREEMENT This Agreement is made and entered into this 17th day of October, 2012, between the BOARD (}FCOUNTY COMMISSIONERS OF M{}NRDE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and United States Fellowship of Florida, Inc., d/b/a Heron -Peacock Supported Living, hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of assisted living facilities and services such as mental health support, transportation, and supervision for disadvantaged, mentally ill persons, and WHEREAS, it is a legitimate public purpose to provide facilities and services for assisted living facilities and services such as mental health support, transportation, and supervision for the disadvantaged, mentally ill community in Monroe County, 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 assisted living facilities and services such as mental health support, transportation and supervision in Monroe County, Florida, shall pay to the PROVIDER the Sun1 of THIRTY-FIVE THOUSAND AND N(}/100 DOLLARS ($35,000.00) for fiscal year 2012-2013. 2. TERM. This Agreement shall commence on October 1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance 0ffioa, The County shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved ascomplying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The organ\zatimn's final invoice must be received within thirty 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 ofthis agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to a))mvv 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. S. CLAIMS FOR FEDERAL OKkSTATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. 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 tmstatutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party tothis Agreement ortheir authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall a))mvv and permit reasonable access to, and inspection of, all documents, papers, letters orother materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter ofDetermination and GUIDESTARphntout indicating current 501(c)(3) status; (b) List of the {}rganizaUon's Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (f) (}rganizatimn's Corporate Bylaws, which must include the mnganization's mission, board and membership composition, and process for election of officers; (g) Drganization's Policies and Procedures Manua) which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved; (j) Cooperation with County monitoring visits that the County may request during the contract year; and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment Ctm residents of Monroe County, Florida. Omtract-Heron-Peemck-FY13;page 2 11. ATTORNEYS FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable atturney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attornay'sfaas, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. :13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NOSOLICITATION/ PAYMENT. The County and PROVIDER warrant that, inrespect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. 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. 16. 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 toterminate this contract immediately upon delivery of written notice oftermination to the PROVIDER. 17. 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 |{cansure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it isexpressly understood that upon o determination by court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not |(rn\ted to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 Omtrac Hemn-PeacockR23;page3 USC ss. 1681-1603, and 1685-1686), which prohibits discrimination on the basis of sex; 3\ Section 504 of the Rehabilitation Act of 1973, as amended (30 USC s. 794), which prohibits discrimination on the basis of handicaps; 4)The Age Discrimination Act of1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5\ The [}rug Abuse Office and Treatment Act of 1972 (PL93-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6\ The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act mf1912, sS. 523 and 527 (42 USC ss, 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8\ Title VIII of the Civil Rights Act of 1968 (43 US[ s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 UBCs. 1201 Note), as maybe amended from time totime, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications ufthe services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the County. 20. AD3UDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by rnaat and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within ]O days after the first meet and confer session, the issue or issues shall be discussed at public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, than any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any cornrnarc\a| liability insurance coverage, self-insurance coverage, or local government liability insurance pnn| coverage shall not be deemed a waiver of immunity to the Cmtrac HemnfeacockfY3;pagu4 extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents asthe County may reasonably require, to include a Public Entity [hrne Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 27. 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 a(±orney'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. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and ne|{ef, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial \\rnitn of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial )\nn\ts of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or arnp|myae of Monroe County in his nrher individual capacity, and no member, officer, agent oremployee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation ofConstitutional or Statutory Duties. This Agreement \snot intended to, nor shall itbaconstrued as, relieving any participating entity from any obligation or responsibility imposed upon the entity by )avv except to the extent ofactual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No parson or entity shall be entitled to rely upon the harms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit ofany service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general orfor the purposes contemplated in this Agreement. 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall Cmtrac Hemnfeamck-FY13;page5 constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified rna\|, return receipt requested, to the other party asfollows: For Board: Grants Administrator and 1100 Simonton Street Key West, FL33O4O For PROVIDER Richard Casey, Executive Director United States Fellowship ufFlorida Inc., d/b/aHeron-Peacock Supported Living 67 Coco Plum []rive Marathon, FL 35050 305-743-4129 Monroe County Attorney PO Box 1026 Key West, FL33O41 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will |{e in the appropriate court or before the appropriate administrative body in Monroe County, The County and PROVIDER agree that in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. 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 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. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court ofcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by )avv unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 37. 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Omtract-HeronfPeacock-FY13;page d IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk BOARD OFCOUNTY COMMISSIONERS OFMDNROECOUNTY, FLORIDA United States Fellowship of Florida, Inc. d/b/a Heron -Peacock Supported Living (Federal I[}No. � Ey Executive �Di�ector CmtracmHemn-PeamckfY13;page 7 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines tm Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, asthey relate tmtravel, are from the Monroe County Code ofOrdinances and State laws and regulations. Acover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records mfthis organization. Furthermore, these expenses are in compliance with this mrganization'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement tm any other funding source." Invoices should bebilled tmthe contracting agency. Third party payments will not beconsidered for reimbursement. Remember, the expense should be paid prior to requesting 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 beconsidered 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 305-392-3534. 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 orhourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, data, payee, and support for applicable paid payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expanses as they relate to the County contract is required for reimbursement. For overnight mrexpress deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or )ease 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 ofcopies 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 orservices ordered, a vendor invoice is required. Contract-Hemofeacock-FY13;page 8 TeUefax, Fax, etc. Afax 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 ofthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code ofOrdinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting, e copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. Atrava) 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 rnmnn and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI,TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County [ode of Ordinances. An odometer reading must beincluded onthe state travel voucher for vicinity travel. Mileage <snot allowed from a residence or office to a point of departure. For example, driving from one's home to the airport fora business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI,TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and and after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after p.m. for dinner reimbursement. 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, fundraising, non -sufficient check charges, penalties and fines. Cmtract-Meromfeacock-FY3;page 9 ORGANIZATION LETTERHEAD Monroe County Board nfCounty Commissioners Finance Department 5OOWhitehead Street Key West, FL3]O4O The following is a summary of the expenses for for the time period of to-. Check # Payee Reason Amount 101 Company Rent $X,XXX.XX 102 Company Utilities XXX.%X 104 Employee P/Rending O5/14/O1 XXX.XX 105 Employee B P/Rending 05/28/01 )0(Xj{X (A) Tnta| XX (B) Total prior payments $X,XXX.XX (C) Tot | requested and paid (Af B) $X,XX%.XX ([)) Tot | contract amount $X,XX%.XX Balance ofcontract (O-C) 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 thisnrganizatinn's contract 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 methis day of who is personally known to me. Notary Public Notary Stamp 3;page I0 ATTACHMENT C Services to be provided: (Insert a description of your organization including a list of the services that will be provided by your organization under this contract.) L 67 T�-><f st") Contract-Heron-Peacock-FY13; page 11 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 ofa 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 o 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 of 36 months from the date nfbeing placed nnthe convicted vendor |ist." Cmtract-Hemn-PeacockfY13;page J2 ETHICS CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 1O-199O MONROE COUNTY, FLORIDA warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer oremployee in vin|odnn of Section 2 ofOrdinance 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 nremployee. Date: c)~ ��^�-\2- STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixher signature (name ofindividual signing) inthe space provided above on this day of � 20 My commission expires �7ra-� \ )6AZ A NOTARY PUBLit Notary �'b�jc tate of Florida Notary public - State of Florida kiv Gomm, Expires Jun 28,2013 Omttact-Hemn+Peamck-FY13;page 2J DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that: (71 (Name of Business) 1. Publishes o statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities nrcontractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as condition of working on the commodities or contractual services that are underbid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no|o contendena to, any violation of Chapter 893 (Florida Statutes) nrnfany controlled substance |avv of the United States Or any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on/ or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes good faith effort to continue to maintain e drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this Mmn complies fully with the above requirements. STATE OF I (Signature of Res�o COUNTY OF [}ate PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed", h signature in the space provided above on this My commission expires: Z0410 Q NOTARY PU Notary Public - State of Florida My Comm, Expires Jun 28, 2013 Bonded Th ough National Notary Assn, 3;page I4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Cnntract# Contract with: Wesley House Family Effective Date: 1{/{i1/12 Services, Inc. Expiration Date: 9/30/13 Contract Purpose/Description: provides funding for child care -related services and family - related services for children of Monroe County Contract Manager: Lisa Tennyson (Name) 4444 OMB/Grants (Ext.) (Department) ndaDead|ine: CONTRACT COSTS Total Dollar Value of Contract: $160,0K}0.0X} Current Year Portion: $160L{}[X}^[K} � Budgeted?YeeE NnF] Account Codes: {01-{[3236-53[[340-- Grant: ${L[K} ___--____--------------- County Match: $____ ADDITIONAL COSTS Estimated Ongoing Costs: $/yr For: ____ (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director vpsRNnF-1 [� Risk�n�g nl t Yes NnJ-�~ L��� D.M.�./Purcna�ing��r^_,_' ��I Yesl�^Nn�� County Attorney )), Yes[:] NoW 0111�`L 44 4W, OMB Form Revised 9/11/95 MCP #2 AGREEMENT This Agreement is made and entered into this 17th day of October, 2012, between the BOARD OFCOUNTY COMMISSIONERS OFMONROECOUNTY, FLORIDA, hereinafter referred tnaa "Board" or "County," and Wesley House Family Services, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is n not -for -profit corporation established for the provision of child-care and family services, and WHEREAS, it is a legitimate public purpose to provide facilities and services for child-care and families ofMonroe County, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 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 child care for citizens of Monroe County, Florida, shall pay to the PROVIDER the sum of ONE -HUNDRED SIXTY THOUSAND AND NO/100 DOLLARS ($160,000.00) for fiscal year 2O12-ZO13. 2. TERM. This Agreement shall commence on October 1, 2O12,and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made 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 ascomplying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The nrganizabnn'sfina| invoice must be received within thirty days after the termination date nfthis contract shown in Article 2abnve. 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. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to a||nvv 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. 5. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Qonoaot-NesieyKomsefY/3;page / 6. 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 bOstatutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement 0rtheir authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 8. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters nrother materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes/ and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter ofDetermination and GUI[)E3TAR printout indicating current 501(c)(3) status; (b) List of the [)rganization'5 Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recnnnrnended/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (f) Organizatinn's Corporate Bylaws, which must include the nrgan(zatinn's mission, board and membership composition, and process for election of officers; (g) (}rganizatinn'5 Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment Cl; (i) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within ]O days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved; (j) Cooperation with County monitoring visits that the County may request during the contract year; and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board tusubstantially and satisfactorily perform and provide the services outlined in Attachment Cto residents nfMonroe County, Florida. Contract -Wesley House-FY73;page z 11. A7FTORNEY~S FEES AND COSTS. The County and PROVIDER agree that inthe event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney'sfees, courts costs, investigative, and nut-nf'p0cketexpenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court nfMonroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. :13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. y0OSOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. 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. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant tnthis agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining tnnrregulating 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 tnterminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. 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 |icensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and itisexpressly understood that upon a determination by court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1\ Title VT of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2\ Title IX of the Education Amendment of 1972, as amended (20 Cmnmnut-Neyfey*uuae-FY/3;page 3 USC ss. 1681-1683, and 1685-1686\, which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4)The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act nf 1972 (PL92-255), as amended, relating to nondiscrimination on the basis of drug abuse; G\ The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act nf1912, ss. 523 and 527 (42 US[ ss. 690dd-3 and 290ee-]), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8\ 7lde VIlI of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; q)The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time tVtime, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications ofthe services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the County. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest/ and shall not acquire any interest, which vvnu|d conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pnn| coverage shall not be deemed a waiver of immunity to the Contract- Wesley House-FY/�page : extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees toexecute such documents asthe County may reasonably require, toinclude a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, asrequired bylaw. INDEMNITY ISSUES 27. 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. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial \|rn\ts of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits ofthe County. 29. NO PERSONAL LIABILITY. No covenantor agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation ofConstitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and brne\y performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or Statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER orany agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Fci4iT,F4_X," 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall Contract- Wesley HousefY/3, page 5 constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. 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 asfollows: For Board: Grants Administrator and 11OOSimonton Street Key West, FL33O4O For PROVIDER Doug Blomberg, Chief Executive Officer Wesley House Family Services, Inc. 13D4Truman Avenue Key West, FL 33040 305-809-5000 305-809-5010FAX Monroe County Attorney PO Box 1026 Key West, FL33O4t 34~ GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable tocontracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement orinterpretation ofthis Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution nfany other administrative or legal proceeding. 35. NON -WAIVER. Any waiver nfany 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 ofthe same conditions or covenants or otherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as dose as possible to the intent of the stricken provision. 37. 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] ContractWesleyHnuso-FY3; page 6 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as gfthe day and year first written above. ATTEST: DANNYL. KOLHAGE, CLERK Deputy Clerk BOARD OFCOUNTY COMMISSIONERS OFMONROECOUNTY, FLORIDA Wesley House Family Services, Inc. (Federal lONo. By "Chid Executi\k-,Officer Contract- Wesley VousefY/3;page 7 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines hO Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code ofOrdinances and State laws and regulations. Acover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs toalso contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." 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 isrequired for reimbursement. lDterconnpanya\\ocatiOns 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 orhourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid 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 orexpress deliveries, the vendor invoice must beincluded. Rents, Leases, etc, A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. Alog ofcopy expenses asthey relate tothe County contract \srequired for reimbursement. The log must define the dote, number of copies made, source document, purpose, and recipient. /\ 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. ContractWesteyHouse-FY3; page TeUefax' Fax, etc. Atax 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 nfpertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. lfattending aconference Ormeeting, acopy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. Atrave\ 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. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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 from one's home to the airport fora business trip is not reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVl, TRAVEL PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. 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 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included inthe contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract- NealeyHouse-FY/3; page ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board ofCounty Commissioners Finance Department SOOWhitehead Street Key West, FL33U4O The following is a summary of the expenses for for the time period of to Check # Payee Reason Amount 101 Company Rent $X,XXX.XX 102 Company Utilities XXX.XX 104 Employee P/Rending O5/14/O1 XXX.XX 105 Employee P/Rending O5/28/O1 XXX.XX (A) Tota\ ~X*XXXM (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (Af B) $X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance ofcontract (D-C) 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 thisorganizat\on's contract 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 toand subscribed before rnethis day nf 20bv who is personally known to me. Notary Public Notary Stamp Contract-Nem8ey HouaefY/3;page /0 ATTACHMENT C FY13 Wesley House Family Services: Services tobeprovided: (Ihomrt adescription ofyour organization including alist ofthe services that will beprovided byyour organization under this conbact) Services Provided by Wesley House Family Services: Wesley House Family Services (VYMFb)iaanationally accredited not -for -profit o i h working with over 2,500 children and families annually throughout Monroe County providing multiple services. These aen/imas are broken into three major groups with several specific programs within each. Services provided are: Childcare Services School Readiness programs Resource and Referral Services Childcare Financial Assistance for families. Child Care Provider Education Services Child Care Provider Technical Services Voluntary Pre -Kindergarten Teen Parent Program Parents osFirst Teachers Community Base Care Full Case Mana-gemen Foster Care Services (recruitment and retention) PRIDE - Training ufFoster and Adoptive Parents Public Adoption Services Independent living Transition Services Roadtoindependenoe Supervised Visitation Transportation services Strengthening Familie Safe At Home Parents osPartners Enhanced inHome Intensive Family Reunification Services Nurturing Parenting Program Healthy Families Monroe Inez Martin Child Development Center Services provided under this contract include: Wesley House Child Care Services: Match funding for child care subsidy payments for low income working families throughout Monroe County under the School Readiness Program — Financial Assistance. Payment of both state funds and Monroe County funds supporting child care subsidy payments are made directly to the child care provider monthly and not to the parent or guardian. Wesley House Healthy Families -Monroe: Match funding for staff costs to provide in -home child abuse prevention services. Representing approximately 20% of an FTE for the program manager, including salary and benefits and includes benefit costs for Healthy Families Staff including but not limited to Program Supervisor and three Family Support Workers. Funding under the HSAB contract includes salary and/or payroll taxes and benefits. Wesley House Community Based Care: (Including Full Case Management, Adoption, Licensing/Foster Care, Visitation, Road to Independence, Independent Living, Safe at Home, Parents as Partners, Nurturing Parenting, Enhanced In Home Services and Intensive Family Reunification Programs.) Flex funds to be used for ancillary support for families in crisis to help stabilize the family financially so their children can hopefully remain in the home and avert entering the dependency care system. a) WHFS Full Case Management funding kabnprovide ancillary support for families incrisis that are overcome byfinancial commitments. These funds will beused tohelp with rent and utility paynnenba, food mards, bus passes, parenting classes and to pay for psycho|ogima|, medical and dental services among other things. In some cases, these funds will allow child buremain with his or her biological parents or kinship caregivers. The funds will also be used to assist biological parents working on regaining custody oftheir children. b) WHFS Foster Parent Services funding isfor new foster parent support to assist with supplying necessary items toready the home for |icensure, Support items could include furniture such oe cribs and bunk beds, safety devices such os smoke alarms, fire extinguishers, professional first mid kite, electrical receptacle p|ugu, clothing for children and child car seats. This type of financial support to our local foster parents will help with retention and recruitment of foster homes inour community. d WHFS Adoptive Services funding isfor support for potential and new adoptive parents. These funds will be used to help with travel expenses such as gasoline, airfare or meals for potential adoptive families that live out -of -county orout+zf-stahofor initial meetings with the children in Monroe County and subsequent travel expenses for a case worker and the children to visit, on a continuing basis, the potential adoptive parents in their prospective new home. AddidunaUy, once a child has been adopted by their new family, these funds may be used for expenses directly related tothe needs ofthe child such osanew crib orbed. WHFS Nurturing Parenting Program: Funding issupport of staffing for the program which Representing approximately 50% ofanFTE for the Program Trainer. Funding under the HSAB contract includes salary and/or payroll taxes and benefits. � PUBLIC ENTITY CRIME STATEMENT "/\ 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 public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work nsn contractor, supplier, subcontractor, orconsultant 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 of 36 months from the date of being placed on the convicted vendor list." Contract -Wesley Housm-FY/3;page T SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on Ns/|Lsl74ka\fony 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 Orpurchase price, or otherwise recover, the full amount nfany fee, commission, percentage, gift, or consideration paid tothe former County officer oremployee. STATE OF—, COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her s\qnmture (name of individual signing) in the space provided above on this - day of ( _-____. 'NOTARY 4BLtJC My commission expires: Notary Puck - State Of Florida OMB - MCP FORM #4REM ContracWea)eyKouse-FY/3;page t� � DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: ' ~(Name of BusO6ess) 1. Publishes m statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition, 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse ]. Gives each employee engaged in providing the commodities orcontractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no|o conbendere to, any violation ofChapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. S. Imposes sanction on, orrequire the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes good faith effort to continue to maintain adrug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF rio COUNTY OF motj#*,%o PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of mom|duzi| signing) affixed his/her signature in the space provided above on this d. ° day of 2u'— ��. My commission expires: NOTARY PUBLIC Contract -Wesley House-F/3; page 1� MDNROECOUNTY BOARD OFCOUNTY COMMISSIONERS Contract with: Womankind CONTRACT SUMMARY Contnact# Effective Data: 1{/{>1/12 Expiration Date: 9/30/13 [bntnnc± Purpose/Description: provides health care services to the women of Monroe County. Contract Manager: Lisa Tennyson (Name) for BOCC meeting on Total Dollar Value of Contract Budgeted7YesE NoF1 Grant: ${L{K] County Match: 4444 OMB/Grants (Ext.) (Department) enda[}ead|ine: CONTRACT COSTS $96IK}[i<00 Current Year Portion: $96^00D0.00/ Account Codes: 001-0[3215--530[340-____-____ - - - - - - - - ADDDI{)NALCDSTS Estimated Ongoing Costs: $____/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director YesLJN LJ — --- Risk Managerne t Y8SM NoUJ/ O.M,B./Pur��-sing YesD NoEl County Attorney ��m�/ - Y8sR Nnz OMB Form Revised 9/11/95 MCP #2 AGREEMENT This Agreement is made and entered into this 17th day of October, 2012, between the BOARD 0FCOUNTY COMMISSIONERS OF MDNROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Womankind, hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of wornen'shea\th care, and WHEREAS, it is a legitimate public purpose to provide facilities and services for health cane for women living in Monroe County, 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 health care for women living in Monroe County, Florida, shall pay to the PROVIDER the sum ofNINETY-SIX THOUSAND AND NO/100 DOLLARS ($95,000.00) for fiscal year 2O12-2O13. 2. TERM. This Agreement shall commence on October 1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3, PAYMENT. Payment will be made 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 ascomplying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of e letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The nrgan(zation's final invoice must be received within thirty days after the termination date ofthis contract shown in Article 2above. 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 ofthis agreement. 4. 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 beobligated 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. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose ofthis Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. 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. Contract- Nonankindfy/3;page / 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A -I must be provided prior to the payment of any invoices): (a) IRS Letter ofDetermination and (SUI[}ESTARphntout indicating current 501(c)(3) status; (b) List of the Onganizat(on's Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recornrnended/taken| (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (f) Organizat(on's Corporate Bylaws, which must include the organ(zation's mission, board and membership composition, and process for election of officers; (g) {}rganizntion's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); /i\ Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 3Odays after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved; (j) Cooperation with County monitoring visits that the County may request during the contract year>end (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that inthe event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to Contrac Womamkind-FY3; page 2 reasonable attonney's fees court costs, investigative, and out -of expenses, as an award against the non -prevailing party, and shall include attorney'sfees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant hmthis Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court ofMonroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use ofcertain information. 14. NO SOLICIl[ATIOyN/U»AYME9Wl[. The County and PROVIDER warrant that, inrespect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. /\tall 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. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing all services pursuant tothis 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 toterminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. 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 |icensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and itisexpressly understood that upon a determination by court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the dote of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1581-1683, and 1685-1586), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 U5C s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 Contract- Wornankind-FY13; page 3 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The [)rug Abuse Office and Treatment Act of 1972 (PL92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6\ The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL91-61G), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 640dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8\ Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USCs. 1201 Note), as maybe amended from time totime, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. 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 bythe County. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS- County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue orissues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided bythis Agreement nrby Florida |avv, 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, tothe extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDED specifically agree that no party tothis Agreement shall be required to enter into any arbitration proceedings related tothis Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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 tothe total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver ofimmunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. QmtraomomankindfY/3;page 4 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. 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. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Contract-Womankind-FY13; Page 5 33. NOTICE. Any notice required or permitted under this agreement shall be in vvhbng and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the other party asfollows: For Board: Grants Administrator and 11OOSimonton Street Key West, FL33O4O For PROVIDER Kim Romano, Executive Director Womankind l511Truman Avenue Key West, FL 33040 305-294-4004 305-294-6043FAX Monroe County Attorney PO Box 1026 Key West, FL33O41 34~ GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable tocontracts made and tobeperformed entirely inthe State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. 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. 36. SEVERABILITY. If any term, covenant, condition or provision ofthis Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court ofcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by |avv unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as dose as possible to the intent of the stricken provision. 37. 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract- Nomankind-FY3;page 6 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Womankind (Federal I[}No. By —A ^aONROECOUNTY ATTORNEY APPROVED 43HRIST"INE &IM�BERT-�SARRiWS Contract- page ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate totravel, are from the Monroe County Code of Ordinances and State laws and regulations. Acover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this onganization'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source., 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, PCTime, etc. The vendor invoice isrequired for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll /\ 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 orhourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid 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 orexpress deliveries, the vendor invoice must beincluded. Rents, Leases, etc. /\ copy ofthe rental nrlease agreement isrequired. 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 nfthe finished product are required. Supplies, Services, etc. For supplies Urservices ordered, a vendor invoice is required. {otracmomzt7kind-FY3;page 8 TeUefam, Fan, etc. Afax 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 ofthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must besubmitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. Ifattending aconference ormeeting, acopy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. Atrave| 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 tothe 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 ofcharges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for bytraveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. Anodometer reading must beincluded onthe state travel voucher for vicinity travel. Mileage isnot allowed from a residence or office to a point of departure. For example, driving from one's home to the airport fora business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noun and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after p.m. for dinner reimbursement. 90m»n-aU8omeabUe Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depredation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract- page ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department SOOWhitehead Street Key West, FL33O4O The following is a summary of the expenses for for the time period of to Check # Payee Amount 101 Company Rent $ X,XXX.XX 102 Company Utilities XXX.%X 104 Employee P/Rending O5/14/O1 XXX.XX 105 Employee B P/Rending 05/28/01 >XXJ{X (A) Tota| (B) Total prior payments $ X,XXX.XX /C\ Total requested and paid (Af- U) $X,XXX.XX (0) Total contract amount $ X,XXX.XX Balance of contract (D-C) I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding ExeckivebAdor Attachments (supporting documentation) Sworn to and subscribed before me this /- day of 20 by tr o is personally known to me. Notary Pub|/ct!' Notary Stamp CAROLYN ROBERTS NOTARY PUBLIC STATE OF FLORIDA Cmmm#DD0919115 ' Empires RV211901 3 Contract- mdnexkindfY3;page /O HSAB 2012-2013 Womankind Attachment C Womankind's mission is to provide accessible, affordable women's primary, gynecologic and mental healthcare to women that is safe, individualized and prevention focused, to women throughout the lifecycle, regardless of ethnicity or socioeconomic level. List the services your agency provides. • Annual gynecological exams and pap tests • Reduced fees for those living at or below poverty level • Breast exams, mammogram referrals and vouchers • Weekly teen clinic • School physicals • Birth control methods • Emergency contraception • Testing and treatment for sexually transmitted infections • Screening for diabetes and heart disease • Colposcopy (diagnostic testing for cervical cancer) • Human Papillornavirus (HPV) testing and vaccine to prevent cervical cancer • Menopausal counseling • Minor illness treatments • Hormone replacement therapy & bioidentical hormone therapy • Pre -conception and interconceptional (between pregnancies) care • Pregnancy testing and options counseling • Referrals to appropriate providers for prenatal care, abortion, and adoption senices • Human Immunodeficiency Virus (HIV) pre- and post-test counseling, and HIV testing • Supportive counseling • Hispanic outreach and translation • Wellness classes, educational forums • Free or low cost contraceptives and antibiotics • Free and low cost lab work • Referrals to specialized or secondary care providers • Outreach and education • Private pay spa services and retail products to offset cost of services to low- income women • In Proportion weight loss (anti -obesity) program PUBLIC ENTITY CRIME STATEMENT "A person oraffiliate 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 ofa 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 of 36 months from the date of being placed on the convicted vendor list." Contract- Wornankind-FY13; page 12 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 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 oremployee in violation of Section 2 VfOrdinance 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 orpurchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid tothe former County officer oremployee. STATE OF �- \or\ d COUNTY OF C- PERSDNALLYAPPEARED 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 2. My commission expires: NOTARY PUBLIC NOTARY PUBLIC STATE OF FLORIDA Contract- Nomankind-FY3; page 13 The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: __W/ �\)Al �cl 13 �V� � b d'. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers ofdrug abuse inthe workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities orcontractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as n condition of working on the commodities orcontractual services that are under bid the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no|o contendere to, any violation of Chapter 893 (Florida Statutes) orofany controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (S) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes good faith effort to continue to maintain a drug -free vvorko\acethrough implementation of this section. ' As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF i or � 6, -a COUNTY OF Qh PERSONALLY APPE FORE ME, the undersignedauLhohty\ who, after first being sworn by me, (name of ///u/v/ouul y/gn/ng) nmxeo M/s/hers|gnatune in the Space provided above on this day of Con*act-N6onanhindfY13;page 14 My commission expires: OAROLYN ROSCERTS NOTARY PUBLIC STATE OF FLORIDA C omr-n# DD0919115 11E­xpires 8/2382013 MDNRDECOUNTY BOARD OFCOUNTY COMMISSIONERS CONTRACT SUMMARY Contract# Contract with: AIDS Help, Inc. Effective Date: 1{Dl}1/12 Expiration Date: 9/30/13 Contract Purpose/Description: Provide services to AIDS patients in Monroe County. Contract Manager: Lisa Tennyson (Name) for BDCCmeeting 4444 OMB/Grants (Ext.) (Department) ndaDead|ine: CONTRACT COSTS Total Dollar Value of Contract: $30,000.00 Current Year Portion: $30,000.00 i/ Budoeted?YesE NoF] Account Codes: 001--03225 -53{l340- Grant:${}.0K} ____--____-------'------------ County Match: $_ ADDITIONAL COSTS Estimated Ongoing Costs: r For: (Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director Yes[1 N F] Risk MaRaget YesFlN'J-Y O.M.B./Purling Yes[lNoE] County Attorney YesFl NoF1 [bmm*nta:___ AGREEMENT This Agreement is made and entered into this 17th day of October, 2012, between the BOARD OFCOUNTY COMMISSIONERS OF MDNRDE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and A.H. of Monroe County, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of supportive services tu HIV -infected residents, and WHEREAS, it is a legitimate public purpose to provide facilities and services for supportive services to HIV -infected residents, 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 supportive services to HIV -infected residents of Monroe County, Florida, shall pay to the PROVIDER the sum of THIRTY THOUSAND AND ND/100 [}OLD\R5 ($30,000.00) for fiscal yearZO12-2O13. 2. TERM. This Agreement shall commence on October 1, 2012, and terminate September 30, 2013, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance {}Mice. The County shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations 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 notarized certification statement. An example of reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty 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. 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 BVonj 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. 5. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. 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. Contract -AIDS HelpFY/3;page / RECORDKEEPING 7. RECORDS. PROVIDER shall maintain all books records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and Urne|y access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid tn PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters orother materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items A-K must be provided prior to the payment of any invoices): (a) IRS Letter ofDetermination and GUI[}E5TAR printout indicating current 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules; (f) Orgmnization's Corporate Bylaws, which must include the organizaUon's mission, board and membership composition, and process for election of officers; (g) (]rganization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C\; (|) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved; (j) Cooperation with County monitoring visits that the County may request during the contract year; and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board tosubstantially and satisfactorily perform and provide the services outlined in Attachment Ctu residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall he entitled to ContractAIDSHelp-FY3; page reasonable attonney's fees, court costs, investigative, and out-of-pocket expenses as an award against the non -prevailing party, and shall include aLtorney'sfees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. 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. 16~ 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 toterminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding bythe Board is contingent upon retention ofappropriate local, state and/or federal certification and/or licensure of the PROVIDER'S program and staff. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and itisexpressly understood that upon a determination bya court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County orPROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1\ Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis o' race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (2O (� U�es. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sen;`3\ Section 504 of the Rehabilitation Act of 1973, as amended(2O U5{� S. 794\, which prohibits ' discrimination on the basis ofhandicaps; 4)The Age Discrimination Act of197 ', as amended (42 Contract-AIDSHolp-FY,3; page 3 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5\ The [}rug Abuse Office and Treatment Act of 1972 (PL92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6\ The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P[91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7\The Public Health Service Act of1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8\ Title VlII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time totime, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications ofthe services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the County. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate' to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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 bedeemed to impose any obligation upon the Board in addition tothe total agreed upon reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver ofimmunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. Contract-A10SHelp-FY3;page 4 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include Public Entity Crime Statement, an Ethics Statement, and Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 27. 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. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his orher individual capacity, and no member, officer, agent oremployee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation ofConstitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by |avv except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE K$YNON-PARTIES. Noperson orentity shall beentitled torely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement bysigning any such counterpart. Contract-AIDSHolp-FY3; page 5 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified rnoiL return receipt requested, to the other party as follows: For Board: Grants Administrator and 11OOSimonton Street Key West, FL33O4O For PROVIDER Joseph G. Pais, Executive Director A.H. of Monroe County, Inc. 1434Kennedy Drive Key West, FL 33040 305-296-6196 305-296-6337FAX Monroe County Attorney PO Box 1026 Key West, FL33O41 34. GOVERNING LAW, VENUE, INTERPRETATION' COSTS AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. 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 continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either ofthe same conditions orcovenants orotherwise. 36. SEVERABILITY. If any term, covenant, condition or provision ofthis Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court ofcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as dose aspossible tothe intent ofthe stricken provision. 37. 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract -AIDS Kelp-FY3;page 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to beexecuted aS ofthe day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk BOARD OFCOUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman AJ[}5 Help, Inc. (Federal I[}NO By Executive Director EEM Contract-AIDS8mlp-FY3; pay 7 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines ho Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, asthey relate totravel, are from the Monroe County Code of Ordinances and State laws and regulations. Acover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records ofthis organization. Furthermore, these expenses are in compliance with this organizaUon'scontract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." 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 n 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 bedirected to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice isrequired 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 paid payroll taxes, check number and check amount. If Payroll Journal is not provided, the following information must he provided: pay period, check amount, check number, date, payee, and support for applicable paid 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 orexpress 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, Cop' etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number ofcopies 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. CoWract-AIDS/elp-FY3; page TeUefam, Fax, etc. Ahax 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 ofthe call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code ofOrdinances and State laws and regulations. Credit card statements are not acceptable documentation for reinnbursernent. 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. Atrave| 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 atthe destination. Airport parking during a business trip isnot. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for bytraveler. The County will only reimburse the actual room and related bed tax, Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established byARTICLE XXVl,TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. Anodometer 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 from one's home to the airport fora business trip is not reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVl,TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. 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 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included inthe contraCt), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. Contract-AIDSHelp-FY/3; pay 9 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board ofCounty Commissioners Finance Department 500 Whitehead Street Key West, FL33O4O The following is a summary of the expenses for ( for the time period of- to______'. Check # Payee Amount 101 Company Rant $X,XXX.XX 102 Company Utilities XXX.XX 104 Employee P/Rending 85/14/01 XXX.XX 105 Employee P/Rending D5/28/O1 XXX.)X (A) Tota| (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 ([)-C) 1 certify that the above checks have been submitted tothe 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 organiaation'scontract 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 toand subscribed before rnethis day of 20bv who is personally known to me. Notary Public Notary Stamp Contract -AIDS HelpfY/3;page /O ATTACHMENT C Services to be provided: AIDS Help is a non-profit community -based organization which provides case -managed health care, housing, food, counseling, referral, and support services for HIV -infected residents of Monroe County (the Florida Keys). The Agency also conducts health education, HIV risk reduction and outreach programs aimed at reducing the impact of HIV infection throughout the County. Among the services the Agency provides are: Health Care — Medical, dental, vision, home health, pharmaceutical, clinic, alternative therapies, and medical/health insurance payments Medical Case Management — Assistance with securing support from Medicare, Medicaid, and Social Security Administration; referrals to agencies providing basic needs' services; case managers on call 24/7 Nutrition — Vouchers and supplements Counseling — Psychological, health, insurance, substance abuse and family/caregiver Housing — Rental assistance, health -related home improvements and operation of residential facilities that provide independent living Volunteer Services — Transportation, meals on wheels, light housekeeping, shopping, moving and the buddy program Special Programs — Emergency assistance, HIV homeless outreach assistance and referral Informational — Client newsletter, bimonthly HIV Positive magazine, access to professional literature, seminars and Internet access from our on -site computer The specific Supportive Case Management services provided under this grant from HSAB will entail: Intervention with both newly -housed clients and those having trouble maintaining housing. Assistance with individual coaching life skills (helping the client develop skills to secure appropriate housing, manage his/her household, and to facilitate a transition from homelessness or short-term housing to permanent housing). Help people with drug and alcohol problems to maintain both transitional and long-term housing. Formulate an individualized 90-day Plan of Care for Housing. Personalized/ group training, including financial counseling; career development/linkage to employment opportunities; smoking cessation; crime prevention awareness (including how criminal behavior negatively impacts housing programs). Measurable outcomes have a direct correlation with better health for our clients, the goal beings increased CD-4 (T-cell) counts and decreased viral load. (The CD-4 count is an indicator of the strength of the immune system. In people with HIV disease, the goal is to keep the CD-4 count as high as possible and to prevent it from going below 200. Viral Load (VL) is another way to measure the progression of HIV disease. When clients are adherent to medications, low levels of viral particles in the blood can be achieved. The goal is always to have an undetectable viral load.) PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity oirne 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 ofa public building orpublic work, may not submit bids on leases Vfreal property to public entity, may not be awarded or perform work as 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 of 36 months from the date of being placed on the convicted vendor list." Contract -AIDS Help-F/3; page 12 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: A.B. of Monroe County, Inc. (dba AIDS Help) (Name of Business) 1. Publishes a statement notifying arnp|oyaas that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations ofsuch prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities orcontractual services that are underbid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no|o contendere to, any violation of Chapter 893 (Florida Statutes) orofany controlled substance \avv of the United States or any state, for a violation occurring in the workplace no later than five (5)days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes good faith effort to continue to maintain a drug -free workplace through implementation of this section. PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of /nclfw|U4 signing) affixed his/her signature in the space provided above on this day of ,20 My commission expires: PAMELA 7 FEZ Expires September 7, 2014 Contract -AIDS Help-FY/3;page ,4 ---- SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE A.H. of Monroe County, Inc. warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer oremployee in violation of Section 2 of Ordinance No. 10-1990 or any County officer oremployee in violation of Section 3 of Ordinance No. 10-I990. 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 0remployee. STATE OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, 42 who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of 2 0. My commission expires: NOTARY PUBLIC Expires September 7, 2014 Contract -AIDS NelpfY/3;page 10