Item C45 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
y
Meeting Date: October 16, 2013 Division: OMB
Bulk Item: Yes XX No
Department: Grants
Staff Contact/Phone#: Laura deLoach-Hartle x4482
AGENDA ITEM WORDING: Approval of Fiscal Year 2014 contracts with non-profit organizations
funded by the Board of County Commissioners through recommendations of the Human Services
Advisory Board(HSAB).
ITEM BACKGROUND: A listing of all Human Service Organization contractual amounts is
attached. Amounts were approved as part of the County budget process. The Human Services Advisory
Board met and reviewed applications on May 24, 2013 and made recommendations to the BOCC
(minutes are attached).
PREVIOUS RELEVANT BOCC ACTION: For FY 2013, the Human Services Advisory Board
met on May 29, 2013 and made recommendations to the BOCC. The recommendations were
subsequently approved as part of budget process. Contracts with the non-profit organizations were
approved at the October 17, 2013 BOCC meeting.
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
APPROVED BY; County Att O lPurchasing-Z� Risk Management s
DOCUMENTATION: Included XX Not Required
DISPOSITION: AGENDA ITEM#
Revised 7/09
List of FY 2014 Funding Amounts
FY14 HSAB Funding Recommendations
5/24/2013 HSAB Meeting
Applicants Recommended Amount
Literacy Volunteers $10,000
Star of the Sea $55,000
FKOC $43,000
American Red Cross $15,000
MARC $155,000
FK AHEC $45,000
Heart of the Keys $35,000
Be The Change $40,000
Good Health Clinic $60,000
Anchors Aweigh Club $5,000
Boys and Girls Club $99,000
Independence Cay $25,000
KAI R $25,000
Helpline $10,000
Burton Memorial UMC $5,000
SHAL $0
AIDS Help $30,000
Grace Jones $40,000
Habitat for Humanity-UK $0
Heron Peacock $35,000
Wesley House $157,000
FK Childrens Shelter $159,000
Womankind $93,600
Hospice of the Florida Keys $141 000
A Positive Step of Monroe County $20,000
Samuel's House $90,000
Domestic Abuse Shelter $30,000
Rural Health Network $300,000
FK Healthy Start $30,000
Total $1,752,600
Total Available
Over/Under $0
Human Services Advisory Board
Draft Minutes
From Meeting on
May 24, 2013
MONROE COUNTY HUMAN SERVICES ADVISORY BOARD
MINUTES OF THE MEETING HELD ON
MAY 24, 2013
Draft
Marathon Government Center 9:OOAM
Marathon, Florida
Board Members Present: Staff Present:
David Paul Horan, Chair Tina Boan, Budget Director
Bob Johnson Laura deLoach-Hartle, Grants Administrator
Steve Torrence Lisa Tennyson, Director of Legislative Affairs
RaiEtte Avael
Michael Ingram
County Commissioners Present:
Commissioner Sylvia Murphy
The meeting was called to order at 9:10am by D.P. Horan.
Staff introductions were made. Human Service Advisory Board (HSAB) members D.P. Horan, B.
Johnson,S.Torrence, R. Avael and Michael Ingram stated their names and their affiliations. There were
no affiliations with applicant organizations.
Motion was made by B.Johnson to approve the minutes from the February 26, 2013 meeting.
M. Ingram seconded the motion, and the motion was approved.
The Board discussed requests for three category changes and four new applicants. Discussion
followed regarding the categories and how the categories are weighted. R. Avael motioned to place the
new applicant,A Positive Step of Monroe County into the Core services category. The motion was
unanimous. Motion was made by B.Johnson for Anchors Aweigh Club to remain as providing Quality of
Life services. The motion was unanimous. Motion was made by R. Avael to keep Be the Change,
Monroe Youth Challenge program in the Quality of Life services category. The motion was unanimous.
S.Torrence made a motion to place Burton Memorial United Methodist Church in the Core services
category. The motion was unanimous. R.Avael made a motion for Habitat for Humanity of the Upper
Keys to be listed in the Core services category. The motion was unanimous. A motion was made by S.
Torrence to move Helpline from Quality of Life services over to the Core services category. The motion
was unanimous. S.Torrence made a motion for the Southernmost Homeless Assistance League to be
identified as Core services. The motion was unanimous.
Beginning at 9:28am applicants answered questions regarding their application and made
statements regarding their funding request. During the applicant presentations L. deloach-Hartle
reminded the Board capital expenditures were not an allowable use of HSAB funding and reminded the
applicants of the contract guidelines in the agreements. Applicants spoke in the order their applications
were received as noted below.
Literacy Volunteers of America
Star of the Sea Foundation: discussed sources of food acquisition and consolidation
opportunities.
Florida Keys Outreach Coalition: noted application has remained the same.
American Red Cross: clarified 2.5 employees in Monroe County.
Monroe Association for ReMARCable Citizens: discussed loss of funding from the State.
Florida Keys Area Health Education Center: discussed the unique, needed services they provide.
Heart of the Keys Recreation Association: clarified they have two positions, and filled out
Attachment D incorrectly.
Be the Change-Kids Come First& Monroe Youth Challenge: discussed this year their request
was combined.
The Good Health Clinic: discussed services provided and the large amount of in-kind and
donated services.
Anchors Aweigh Club: discussed number of staff members (3), and funding for facilities
maintenance.
Boys and Girls Clubs of the Keys: discussed taking over the Big Pine Athletic Association.
Independence Cay: discussed sharing a director with KAIR and filled out Attachment D
incorrectly.
Keys Area Interdenominational Resources: discussed food collection and distribution.
Hel line: discussed the utilization of volunteers.
The meeting paused for a break at 11:20am and resumed at 11:39am. D.P. Horan then made a
request for Dan Smith with Rural Health Network to address the Board regarding their new designation
as a Federally Qualified Health Center and the associated benefits. D. Smith elaborated on the new
designation,the Federal Tort and the pharmacy benefit.
The applicants then resumed addressing the Board as noted below. During the applicant
presentations D.P. Horan mentioned the Shared Asset Board funding and its' unspent funds from prior
years that could possibly be used to supplement existing funding.
Burton Memorial UMC: discussed their food pantry and incorrectly filled out Attachment D.
Southernmost Homeless Assistance League: discussed the Mobile Outreach Program.
Aids Help: discussed salaries and consolidation of positions and collaboration with Wesley
House for a shared IT department.
Grace Jones: discussed the back pack program and filled out Attachment D incorrectly.
Habitat for Humanity of the Upper Keys: discussed using funding for salaries and filled out
Application D incorrectly.
Heron Peacock: discussed number of beds and locations.
Wesley House: discussed a foster care drive and a reduction of funding and staff.
Florida Keys Children's Shelter: discussed no changes in their application,
Womankind: discussed extending services, accepting Medicaid and Medicare, clarified they
have had no raises, and funding for Bridging the Gap.
Hospice: discussed a loss of funding.
A Positive Step: discussed changes in funding and only evidence based in-home family therapy
provider.
Samuel's House: discussed now licensed for substance abuse treatment and services provided.
Domestic Abuse Shelter: discussed professional fees and CEO salary.
Rural Health Network: discussed their designation as a Federally Qualified Health Center and
using electronic medical records and expanding services.
Healthy Start: discussed they will be losing funding.
The meeting paused for a break at 2:16pm and reconvened at 2:42pm. Discussion then began
on the funding allocation. B.Johnson suggested using last year's figures as a guideline for this year. D.P.
Horan then led the Board discussion of each applicant and the amounts requested noting prior years
funding amounts. During discussion, D.P. Horan mentioned using HSAB unspent funds from prior year.
Staff indicated all funds are normally fully spent. Board also discussed asking the Board of County
Commissioner's for additional funding. A detailed discussion can be found at:
http://view.liveindexer.comJViewlndexSessionSLMQ.aspx?ecm=635095097170675000&indexSessionSK
U=bD01wy7bAfJPtS65i97r5Q%3D%3D&siteSKU=goO9+8C6gRWyzrzlsiM ncQ%3 D%3D
Upon review of each request the following final recommendations were made which will be
presented to the BOCC for approval:
Applicants Recommended Amount
Literacy Volunteers $10,000
Star of the Sea $55,000
FI Keys Outreach Coalition $43,000
American Red Cross $15,000
MARC $155,000
FK AHEC $45,000
Heart of the Keys $35,000
Be The Change $40,000
Good Health Clinic $60,000
Anchors Aweigh Club $5,000
Boys and Girls Club $99,000
Independence Cay $25,000
KAIR $25,000
Helpline $10,000
Burton Memorial UMC $5,000
SHAL $0
AIDS Help $30,000
Grace Jones $40,000
Habitat for Humanity-UK $0
Heron Peacock $35,000
Wesley House $157,000
FK Children's Shelter $159,000
Womankind $93,600
Hospice of the Florida Keys $141,000
A Positive Step of Monroe County $20,000
Samuel's House $90,000
Domestic Abuse Shelter $30,000
Rural Health Network $300,000
FK Healthy Start $30,000
Total $1,752,600
Motion was made by S.Torrence to accept the final recommendations, as noted above. B.
Johnson seconded the motion and the motion was unanimously approved.
In other business, Lou Hernandez, Executive Director of Helpline, addressed the Board to let
them know he will be retiring and this would be his last meeting.
There being no further business,the meeting adjourned at 3:17pm.
FY 2014 Contracts
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
3
CONTRACT SUMMARY
Contract #
Contract with: The Florida Keys Effective Date: 10 01 13
Children`s Shelter Expiration Date: 9 30 14
Contract Purpose/Description: provides services such as shelter, and early intervention and
prevention programs for youth and families in Monroe County.
Contract Manager: Laura del-oach-Hartle 4482 OMB/Grants
(Name) (Ext.) (Department)
If—or BOCC meeting on 10 16 13 Agenda Deadline: 10 O1 13
CONTRACT COSTS
Total Dollar Value of Contract: $159,000.00 Current Year Portion: $159,000.00
Budgeted? Yes® No ❑ Account Codes: 001-03235-530340- -
Grant: $0.00
County Match:
ADDITIONAL COSTS
Estimated Ongoing Costs: $____jyr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries,
etc.
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director Yes❑ Non
Risk Management Yes❑ No --"
- � AP
O.M.B./Purc asing Yes❑ NoNZ-7/13
County Attorney o Yes❑ No( LIP*
Comments:
OMB Form Revised 9/11/95 MCP #2
AGREEMENT
This Agreement is made and entered into this 16th day of October, 2013, between the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as
"Board" or "County," and The Florida Keys Children's Shelter, hereinafter referred to as
"PROVIDER."
WHEREAS, the PROVIDER is a not-for-profit corporation established for the provision of
shelter and counseling to youth 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, 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 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 2013-2014.
2. TERM. This Agreement shall commence on October 1, 2013, and terminate September
30, 2014, 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 a 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-FL Keys Children's Shelter-FY94 page f
6. PURCHASE OF PROPERTY. All property, whether real or personal,G funds provided under this agreement, shall become the property of Monroe County ands all be
accounted for pursuant to statutory 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 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 of Determination 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 recommended/taken;
(e) Copy of a 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) 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 C to residents of Monroe County, Florida.
Contract-FL Keys Children's Sheffer-FY14;page 2
f
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 b an
the enforcement or interpretation of this Agreement, the revailin y y party relative to
p g party shall be entitled to
reasonable attorneys fees, court costs, investigative, and out-of-pocket 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 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 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 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 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)
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 Children`s Shelter-F4'1 4;page 3
USC� S
discrimination1681-1O83, and 1685-1686), which prohibits discrimination on the basis of sex' 3)
n Secon 04 of the Rehabilitation Act of 1973, as amended
` ^ (20 USC s 794)' which prohibitsdiscriminationninat�on on the basis of handicaps; 4) The Age Discrimination Act or1975' as amended (43USC ss' 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office
and Treatment Act uf1g72 (pLg2 255),
as amended, relating to nondiscrimination on the
basis
� �— ~ '~ ba isc»fdrug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of abuse oralcoholism; 7) The Public Health Service Act of 1912` ss' 523 and 527 (42uzCss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abusepatient records; 8) Title VlIl of the Civil Rights Act of 1968 (42 USC s' et seq.), as amended,re/ating to nondiscrimination in the sale, rental or financing c« housi � ; 9) The Americans withDisabilities Act of 1990 (42 USCs. 1201 `ote)` as maybe amended from time to time, relating tonondiscrinination on the basis of disability; ^O) Any other nondiscrimination provisions in any or state statutes which may apply tot parties to, or the subject natter of, uxs*greenent.
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
w/cn/n 30 days after the first meet and confer session, the issue or issues shall be discussed at
public meeting of the Board of County Cornrnissioners' If the iss "= a
to the satisfaction of the parties then any party shall have the right
issues are still not resolved
'
as may be provided by this Agreement or by Florida /a . rg» t» seek such relief or remedy
21~ COOPERATION. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, s execution performance, or breach of t
Agreement, County and PR{}VIOERagree to participate, to the
`extent required this by other
/n a// proceedings, hearings, processes, meetings, and other activities re/a^`=u to the substance'�y'
this Agreement or provision of the services under this A »r
specifically agree that no party to this Agreernentshall Agreement. County and PROVIDER
proceedings related to this Agreernent. oe required to enter into any arbitration
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.
and vv( the @0«� /�����I��A�@0Ey�][. The PROVIDER shall not assign this agneernentexcept /n writing rn e prior written approval of the Board, which approval shall be subiect to such
conditions and provisions as the Board may deem necessary, This agreement shall
incorporated by reference into any assignment and any assignee
such ^' sha/( comply with a// of
or the
o�
provisions herein. Unless expressly provided for theme/ h
event be deemed to innposeany obligation upon the Bo approval shall in no manner or
reimbursement amount for the services of the pR{}yI[>ER.�ro /n a��|�/»n t» the total agreed upon
24. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec' 768'28
'F|or|da Statutes, the participation of the County and the PROVIDER in this Agreement and theacquisition Of any commercial liability insurance coverage, self-insurance coverage, or localgovernnent liability insurance pool coverage shall not be deemed a waiver
of /rnnoun/ty to the
Contract-FL Keys Childron's SholterFY/*: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 as the County mayreasonably
Free requne, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free 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 a// necessary Count`
and corporate action, asrequired by law.
y
| INDEMNITY ISSUES
�
t o indemnify 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees
and hold harmless Munroe County Board of County Commissioners from any and all
claims for bodily injury (including death), persona/ injury, and property damage (including
property owned by Monroe County) and any other losses, damages, and expenses `inc/uding
attorneys fees) which arise out o� in connection with, or by reason ` services provided by the
PROVIDER occasioned by the negligence, errors other ~' c
PROVIDER'S employees, agents, or volunteers.
' »r » er wrongful act »r omission of the
28. PRIVILEGES AND IMMUNITIES. A// of the privileges and immunities from |iabi/ity,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 unde
this Agreement within the territorial limits of the County shall apply to the same �
extent to the performance of such functions and duties of such officers, degree and
employees outside the territorial limits of the County. c�rs' agents, volunteers, or
29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any nnennber, officer, agent or employee of Monroe
County in his or her individual capacity, and no rnennbe ''' officer,
agent orernp/oyee of Monroe
County shall be liable personally on this Agreement ore su~'-'- »r
subject to any personal liability accountability by reason of the execution of this Agreernen�
30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non-Delegation ofConstitutional
or Statutory Duties. This Agreement /s 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 tn
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 responsibi/'!ty. 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.
upon t//31.�eNK�U�-W�ELIAM|��E ��`� A���|�-D»^���l[IE��. No person or entity shall be entitled torely
e .///s of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated heneunder, and -the County and
the PROVIDER agree that neither the County nor the PROVIDER or "
of either shall have the authority to inform, counsel, otherwise or oth i�ny �gen�' o0ic�r' »rernp/»yce
individual or group of individuals, entity or entities, have entitlements
indicate that any particular
Agreement separate and apart, inferior to, or superior! tu«e the
»r benefits under this
/�e community in genera/ or for the
purposes contemplated in this Agreement.
GENERAL
32. Execution in Counterparts. This Agreement may be executed /n any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
[onoaxt-Fl Keys Children�qfhe8epFY14:'Page a
t
(
y
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 Monroe County Attorney
1100 Simonton Street PO Box 1026
Key West, FL 33040 Key West, FL 33041
For PROVIDER
Gregory S. Brown, Chief Executive Officer
The Florida Keys Children's Shelter
73 High Point Road
Tavernier, FL 33070
305-852-4246
305-852-6902 FAX
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. 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 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-FL Keys Children's Shelter-FY14,gage 6
F
r
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairman
The Florida Keys Children's Shelter
Witness (Federal ID No. )
4
BY -{ �
Witness Chief E cutive Officer
IONOE COUNT`ATTORNEY
APPROVED AS TO FORM.
'4 ` � t Ins
R Its '& LIMSERT ARR
ASSISTANT COUNTY ATTORNEY
Date
Contract-FL Keys Children's Shelter-FY14;page 7
ATTACH MENT 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 anz /'»rn the
Monroe County Code of(]rdinancesand 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 organbation
Furthermore, these expenses are in compliance with this organization's contract vvith the Monroe
County Board of County Commissioners and vvi// not be submitted for reimbursement u�» 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 inthecontract—
This document should not be considered all-inclusive.us�ve. The Clerk's Finance Department reserves
the right to review reimbursement requests on an individual basis' Any questions regarding these
guidelines 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 isneeded If
a Payroll Journal is provided, it should include: dates, employee name, salary orhourly rate 'ota/
hours worked, withholding information and paid payroll taxes check number
'"rnberand check am ,»«nt
u
If Payroll Journal is not provided, the following information taxes,
be provided: pay period -
nn k
annount, check nunnber, date, payee, and support for applicable
' paid payroll taxes.
' �//c�
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they re/ate to the County contract is required for reirnbursennent
For overnight or express deliveries, the vendor invoice must be included. '
Rents, Leases, etc.
A copy of the rental or lease agreement |srequired. Deposits and advance payments are not
allowable expenses,
Reproductions, Copies, etc~
A log of copy expenses as they relate bo the County contract is required for re/rnbursennent 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 se `'services, ' and a
sample of the finished product are required.
' the vendor invoice
Supplies, Services, etc.
For supplies or services ordered/ a vendor invoice is required.
Contract-FL Keys Oh&drmn'�sSheAer-FY/*:page 8
Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the date, the
number called, and the reason for sending the fax.
r
N( 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 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. A travel itinerary is appreciated to facilitate the audit trail. Auto rental
reimbursement requires the vendor invoice. Fuel purchases should be documented with paid
receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a
taxi from one's residence to the airport for a business trip is not reimbursable. Parking is
considered a reimbursable travel expense at the destination. Airport parking during a business
trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room
must be registered and paid for by traveler. The County will only reimburse the actual room and
related bed tax. Room service, movies, and personal telephone calls are not allowable expenses.
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 a 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.
Contract-FL Keys Children's Shelter 1°Y14;gage 9
w
Q ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for (Organization name) for the time period
of to
Check # Payee Reason Amount
101 Company A Rent
102 Company B Utilities $ X,XXX.XXXXX.XX
104 Employee A P/R ending 05/14/01 XXX.XX
105 Employee B P/R ending 05/28/01 XXX.XX
(A) Total
$ x.xxx xx
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX
(D) Total contract amount $ X,XXX.XX
Balance of contract (D-C) $ X,XXX XX
I certify that the above checks have been submitted to the vendors as noted and that the
expenses are accurate and in agreement with the records of this organization. Furthermore,
these expenses are in compliance with this 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 20 b
who is personally known to me. y
Notary Public Notary Stamp
Contract-FL Keys Children's Shelter-l`Y141 page 10
'h 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.)
3
Contract-FL Keys Children's Shelter-FY14;page f;
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under
a contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
Contract-FL Keys Children`s Shelter-FY14;page 12
SWORN STATEMENT UNDER ORDINANCE NO. 1O-1990
MDNROEO}U0TY FLORIDA
ETHICS CLAUSE
warrants that he/ithaS 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:—
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
—41L 1< LAw who, after first being sworn by me, affixed his/her
signature (name ofindividual signing) in the space provided above on this / day of
, 20_�_�.
NOTARY PUBLIC
My commission expires:
OMB - MCP FORM #4
'0-' It. Notary Pub4c State of Honda
Qmoem`FL Keys ChVdren'sSha0*,FY/4;page /3
DRUG-FREE WORKPLACE FORM
The undersigned vendor i accordance withFlorida Statute 287.087 h bv certifies that:
(Name of Business)
1. Publishes statement notifying employees that the un|avvfui 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
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 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 ofany conviction of, or plea of guilty or
nolo 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 asanction on, or require the satisfactory participation in e 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 <]F
COUNTY OF Ik-/ ~ ( T
Date
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
�
V who, after first being sworn by me, (name of
/nowmuai signing) affixed his/her signature in the space provided above on this
~ � �� � �
day of , 20 / ;.
My commission expires:
NOTARY PUBLIC
Sheila K Doerr '
My Commission EE046473
of f
a=
Contract-FL Keys Cx0drnn'sShexapFY/4;page /4
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
v
01
CONTRACT SUMMARY
x Contract #
Contract with: Independence Cay, Inc Effective Date: 10 01 13
fi
Expiration Date: 9 30 14
Contract Purpose/Description: provides funding for rentlutilities and food for community
soup kitchen and transitional housing program facility for homeless persons of Monroe
5 County.
Contract Manager: Laura deLoach-Hartle 4482 OMB/Grants
(Name) (Ext.) (Department)
for BOCC meeting on 10 16 13 Agenda Deadline: 10 01 13
CONTRACT COSTS
Total Dollar Value of Contract: $ 25,000.00 Current Year Portion: $_25,000.00
Budgeted? Yes® No ❑ Account Codes: 001- 03247 -530340-
Grant: $0.00 -
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ __�yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries,
etc.
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director Yes[] Non
tom,
Risk Management Yesn No
❑ k
O.M.B./Purchasing Yes❑ No i1 p
County Attorney Yes
Comments:
OMB Form Revised 9/11/95 MCP #2
jx AGREEMENT
This Agreement is made and entered into this 16th day of October, 2013, between the
BOARD OF COUNTY COMMISSIONERS OF MONROE 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 a
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,
therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed
as follows:
FUNDING
I. 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 to support services for homeless persons in Monroe County, Florida, shall
pay to the PROVIDER the sum of TWENTY-FIVE THOUSAND AND NOj100 DOLLARS ($25,000.00)
for fiscal year 2013-2014.
2. TERM. This Agreement shall commence on October 1, 2013, and terminate September
30, 2014, 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 a 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.
Contract4ndependence Gay-FY14;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.
I
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 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 of Determination 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 recommended/taken;
(e) Copy of a 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) 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 C to residents of Monroe County, Florida,
Contract-Independence Gay-FY14;page 2
yy
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 b an
the enforcement or interpretation of this Agreement, the y Y party relative to
9 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'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 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 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 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 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)
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-Independence Cay-FY14;page 3
USC sy. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex;
3)Secoon501 of the Rehabilitation Act of 1973, as amended (20 USC y 794)' which prohibitso/sonninat/on on the basis of handicaps; 4) The Age Discrimination Act of1975' as amended (42U8C yy. 6101-5107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Officeand Treatment Act of 1972 (pL 92 255), as amended,
relating to nondiscrimination on
| th»ebasis of
drug
abuse; 6\ The Comprehensive Alcohol Abuse and Alcoholism Prevention' Treatment andRehabi/}Lation Act of1978 (PL91-G15) as amended, relating to nondiscrimination on the basis ofalcohol abuse or alcoholism; 7\ The Public Health Service Act of 1912' s= 523 and 52/ (42ubi 3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abus8ss. 698dd
patient records; 8) Title VIII of the Civil Rights Act of 1958 (42 US( s etseq.), as amended,to nondiscrimination in the sale, rental or financing of housing; 9) The Americans * [hOisabi|itiesActof199O (42 USCs. 1201 Note), as maybe amended from time »u time, relating to on the basis of disability; 10\ Any other nondiscrimination provisions /n anyFedena| or state statutes which may applyto the parties to, or the subject natter of, thiyAoreenent,
AMENDMENTS, CHANGES, AND DISPUTES
19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the �
and/or reimbursement of services shall be accomplished by an amendment which
aer« cereimbursementappro«ed in writing by the County. ' must be
20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER
agree that a// disputes and disagreements shall be attempted to be resolved by meet and confer
sessions bet
ween representatives of each of the parties. If no resolution can be agreed u�
within uO days after the first meet and confer session, the issue or issues shall be discussed
o
public meeting of the Board of County Commissioners. If the issue or v= uyse at a
to the satisfaction '
on of the parties, then any party shall have the right issues are still not resolved
aar»aYbe provided by this Agnernentorby Florida law.
rg toyeehauchre/�eforrennedy
againa�21.�hC����PERA]FI��U�. In the event any adnninistrative or legal proceeding is instituted
A either party relating to the formation, execution, performance, or breach of this
i Agreement, County and PROVIDER agree to participate, to the extent required by the other party,
n a// proceedings, hearings, processes, meetings, and other activities related^
to the substance '
this Agreement or provision of the services under this Agreernent County and PROVIDER
» «�
specifically agree that no party to this Agreement shall be required to— enter into� t
proceedings related to this Agreement.
any arbitration
ASSURANCES
22~ COVENANT OF NO INTEREST. County and PROVIDER covenant that
neither erpresent/y has any interest, and shall not acquire any interest' which would conflict in any manneror degree with its performance under this Agreement, and that only interest of each is to performand receive benefits as recited in this Agreement.
and wi23.t NOASSIGNMENT. The PROVIDER shall not assign this agreement except in writing
rn the prior written approval of the Board, which approval shall be subject »o� such
conditions and provisions as the Board may deem necessary. This agreement shall
'�assignment/ncorpnrated by reference into any assignment and any assignee shall
n
sh�|| comply u with a// t or
provisions herein. Unless expressly provided for therein, such approval shall in // rn� onn the
event be deemed to impose any obligation upon the Boa in addition to the totalagreener or
reimbursement amount for the services of the PROVIDER.. u ureimbursement
Florida
24. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec �6B 2G
Statutes, the participation of the County and the PROVIDER in this A ' ' '
acquisition of any commercial liability insurance coverage, self-insuranceAgreement and the
government liability insurance pool coverage shall not be deemed a waiver
coverage, or local
er of immunity to the
Contract-Independence(ay-FY/4;page 4
extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
reason25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County mayao|y require, to include a Public Entity Crime Statement, �n Ethics Statement and a [}
Free VVorkp(�ceSLa�ernent. ' ' rug-
and AUTHORITY. Each party represents and warrants to the other that the sxecu e ti
delivery and performance of this Agreement have been duly authorized by all neoessa 0n'
and corporate action, as required by law.
ry �o«»�y
| INDEMNITY ISSUES
�
27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and
to indemnify and hold harmless Monroe County Board of County (�OnonnisSiooers fromagrees
claims for bodily injury (including death), persona/ injury, and property damage (including
property owned by Monroe County) d ' 9� \///c/«ung
an any other |oayey d � �
property - -' � �-�..-- " damages, and expenses /�no|ud�
attorney's fees) which arise out of, in connection' w�� /----` ~ ' (including
PROVIDER occasioned by the negligence,
' /� with, «r by reason o� services provided by the
pRDyIDER,Se"" / eg gence, errors, or other wrongful act or omission of the
employees, agents,
28.exemptions �PRIVILEGES �AND �IMMUNITIES. All of the privileges and immunities from liability,
`." from" ..0 laws, ordinances, and rules and pensions and relief disabi/ity workers'orkers'
co
mpensation, and other benefits which apply to the activity of officers ' � '
any public agents or employees of the County' when performing their r' age»espeota
i ' nrer»p/oyeey of
this Agreement within the territorial limits of the County shall apply «e functions under
`" the same degree and
extent to the performance of such functions and nd duties of such officers,
employees outside the territorial limits of the County. s' agents, volunteers, or
d 29. NO PERSONAL LIABILITY. No covenant oragreernantcontained herein shall be
County
to� agreement a covenant or agreeen� of any member, officer, agent or employee of Monrouuncy n /s or her individual capacity, and no member, offioer, agent or employee of Mon �
County shall be liable personally on this Agreement or be aubi' c� �o any personal /�abi|�t roe
accountability by reason of the execution of this Agreement. '^ y or
30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non-Delegation ofConstit tiona|
or Statutory Duties. This Agreement is not intended to, nor shall it be construed as relieving any
participating entity from any obligation ur responsibility innpused upon the entity by'law except co
the extent ofactual and timely performance thereof by any participating enbty, in which timelyperformance may be offered in satisfaction of the obligation or responsibility. case the
ty Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation «f the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
noa
constitution, state statute, and case law.
31. NON-RELIANCE BY NON-PARTIES. No person or entity shall ba entitled to rely
/
upon the terms of this Agreement to enfonce or attempt to enforce any third-party c/a//n orentitlement to or benefit of any service or program contemplated hereunder and the entitlement
PROVIDER agree that neither the County nor the PROVIDER »r ' Count, y and
of either shall have the authority to )nhornn' counsel, or otherwise
officer' or employee
individual or group of individuals, entity orendey entities, �nw
h se /nU|ca�8 that any particular
Agreement separate and apart, inferior to � have entitlements or benefits under this
purposes contemplated in this Agreement.
' or superior to the community �n genera( or for the
GENERAL
t 32. Execution in Counterparts. This Agreement may be executed /n any number of
cou
nterparts, each of which shall be regarded as an original, all of which taken together shall
Contract`IndelpendenceCay-Fv/4;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:
I
( For Board:
Grants Administrator and Monroe County Attorney
1100 Simonton Street PO Box 1026
Key West, FL 33040 Key West, FL 33041
For PROVIDER
Marjorie Roberts, Executive Director
Independence Cay, Inc.
1669 Overseas Highway
Marathon, FL 33050
305-743-3121
305-743-6523 FAX
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. 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 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-independence Cay-FY14;page 6
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
k
(SEAL)
BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
(
By By
Deputy Clerk Mayor/Chairman
Independence Cay, Inc.
(Federal ID No.c�? — C
Witness
By _ z
Witness cutive Director
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
4--HRIS'T,I L IMSE T_BA /
ASSISTANT COUNTY ATTORNEY
Date ,
Contract-Independence Cay-FY14,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 frornthe
Monroe County Code of Ordinances and State laws and regulations. '
� A cover 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 ay 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'a contract vvith the Monroe
County Board of County Commissioners and will/ not be submitted for reimbursement t" 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 reirnburyernent.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level ofdetail in the contrac—
�
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 reimbursementeae
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 ianeeded If
a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate 'ota/
hours worked, withholding information and paid payroll taxes, check number
~rnberand check amount.
u«ut
If Payroll Journal is not provided, the hz//o �ng information must be provided: pay period, «-
following
amount, check number, date, payee, and support for applicable paid payroll taxes.
"'=�
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses ay they relate to the County contract is required for reirnbursernent
For overnight orexpress deliveries, the vendor invoice must be included.
'
Rents, Leases, etc.
A copy of the rental or lease 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 reirnbursennent 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 servicey the purpose,
and a
sample of the finished product are required. ' `
Supplies, Services, etc.
For supplies or services ordered' a vendor invoice is required.
Contract-Independence(ayfY/4:page B
l
Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the date, the
number called, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the caller, the
telephone number, the date, and the purpose of the call.
Travel 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. A travel itinerary is appreciated to facilitate the audit trail. Auto rental
reimbursement requires the vendor invoice. Fuel purchases should be documented with paid
receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a
taxi from one's residence to the airport for a business trip is not reimbursable. Parking is
considered a reimbursable travel expense at the destination. Airport parking during a business
trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room
must be registered and paid for by traveler. The County will only reimburse the actual room and
related bed tax. Room service, movies, and personal telephone calls are not allowable expenses.
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 a 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.
Contract-Independence Cay-FY14;page 9
ATTACHMENT B
ORGANIZATION
LETTERHEAD
| Monroe County Board uf County Commissioners
Finance Department
50O Whitehead Street
Key West, FL3]O4O
Dote
The following is a summary of the expenses for / \ for the time period
or ______� to_______. �------'
Check # Payee Reason Amount
101 Company Rent
$ X,XXXXX
102 Company Utilities XXX'XX
104 Ernp/oyeeA p/R ending O5/14/O1 XXX'X�
105 Ernp|oyeeB P/R ending O5/28/O1 —^~ `~
/A\ Tota|
(�\ Total prior
` ' $ X,XXX.XX
([) Total requested and paid (A + B) $ X,XXX.XX
/0\ Total
` ' $ 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. Furthernnone
these expenses are in cornp|/ancevviththis organbation'y contract withthe [1'~nnoeCounty
`Board
of County Commissioners and will not be submitted for reimbursement to any funding
source. ' ~
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me thiy ____ day Of 20 by
'
.."uu,r Public Notary Stamp
ContractIndependenceLay-FY/4.,page /O
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.)
Contract-Independence Cay-FY14: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 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-Inu$pmnoence Cay-FY/w;page /2
SWORN STATEMENT UNDER ORDINANCE NO. 1O-199O
| MONRDE COUNTY FLORIDA
ETHICS CLAUSE
warrants that he/it has not employed, retained or
ot�herwi's hzajd"'act on his/its behaff 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
[OUNTYOF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
4L Zl � k1k 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_1���.
NOTARY PUBLIC
My commission expires:
Too
OMB - MCP FORM #4
COMWAO"#It Ism
L 4W.W�Wi:��E F0 ji?
Contract-Independence Cay-Fv/4;page /3
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.O87 hereby certifies that:
(Name of Busine4s)
| 2. Publishes ytobernani 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 betaken 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 employeeassiybance programs, and the penalties that may be imposed upon ernp|o''eey ''"' 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 ofworking on the commodities or contractual services that are under bid, the employee will abide
bythe terms of the statement and will notify the employer of any conviction of, or plea of guilty orno|o contendere to, any violation of Chapter 893 (FloridaF|orid� �tat te ) or of any controlled substance/aw of the United States or any state, for violation occurring /n the workplace no later than five(5) days after such conviction.
5. 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 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 certifythat this firm complies fully with the
above requirements.
STATE OF
(Signa re of Respondent)
COUNTY OF—
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
ku who, after first being sworn by me, (name of
..."..="o^signing) affixed his/her signature in the space provided above onthis
�Z
day of , 20|.:)
My commission expires:
NOTARY PUBLIC
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Samuel's House, Inc. Effective Date: 10/01/13
Expiration Date: 9/30/14
Contract Purpose/Description: provide shelter for women and children and substance abuse-
related services for persons in Monroe County
Contract Manager: Laura del-oach-Hartle 4482 OMB/Grants Mgt.
(Name) (Ext.) (Department)
for BOCC meeting on !DJ!6�13 Agenda Deadline: 1DLQ1L13
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: $ 0
County Match: $0
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr Fo r:
(Not included in dollar value above) (eg. Maintenance, utilities, janitorial, salaries,
etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director YesF� NOF�
Risk Mana e n t YesF-1 No[21
99C
O.M.B�/Purchasing ollauloYesF� No
County Attorney YesR NoM C"�Jh'
Comments:-
OMB Form Revised 9/11/95 MCP #2
AGREEMENT
This Agreement is made and entered into this 16th day of October, 2013, between the
BOARD DF COUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA, hereinafter referred to as
"Board" or"County," and 5arnue|'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's housing and support, and
WHEREAS, it is a legitimate public purpose to provide facilities and services for women and
chi|dren'e housing and support, now, therefore,
IN CONSIDERATION of the mutual promises and Covenants contained herein, it is agreed
as follows:
FUNDING
I. 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 ohi|dren's housing and support in Monroe County, Florida,
shall pay to the PROVIDER the sum of NINETY THOUSAND AND ND/100 DOLLARS (�qO,OOO.00)
fi
scal year2O13-2014. ` '
2. TERM. This Agreement shall commence on October 1, 2013, and terminate September
30, 2014, 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 onganizabon'sfina| 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.
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.
Contract-Swmoe/'s House-FY/*;pogo 1
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 to this Agreement for
public records purposes during the term of the Agreement and for four years following the
termination of this Agreement. {fan 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):
(o) IRS Letter ofDetermination and GUIDE5TAR 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 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 qqO from most recent fiscal year with all attached schedules;
(f) Ongan}zation's Corporate Bylaws, which must include the organizat)on'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 [);
(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;
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 |nvvs,
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 to 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
[ontraot-5amwel's*ovee'fY/*;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 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 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 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 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 |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 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 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 (2O
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 ofhandicaps; 4) The Age Discrimination Act of 1975, as amended (42
Conmact-Gammel'sHouo*-FY/4;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 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 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 U5Cs. 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 sU|| 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 here|n. 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 Sao. 768.28,
Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the
acquisition of any oornrneroia| liability insurance coverage, self-insurance [overage, 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.
Conoaut-8emuel'sHovs*-FY/4;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-Samuels House-FY14;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 BoaId:
Grants Administrator and Monroe County Attorney
11OO Simonton Street P{} Box 1026
Key West, F[ ]3O4O Key West, FL33041
For PROVIDER
Elmira Leto, Executive Director
5arnue|'sHou8e, Inc.
1614 Truesdell Court
Key West, FL 33040
305-298-0240
305-296-4219FAX
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 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 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 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 FDLLDVV]
conooct-3umuo/'sVouae-FY/4;page 0
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL) BOARD {}F COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, CLERK {}FMDNRDE COUNTY, FLORIDA
By B
Deputy Clerk Mayor/Chairman
Sannue|'s House, Inc.
........6-GAAL,Le,&L— (Federal IDNo.
WitnAs
By
Witness Executive Director
MONROEC[)UNlFY ATTORNEY
APPROVED
ASSISTANT COUNTY
Date
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 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 organizat}on'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 to3O5-2q2-3534.
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 or express deliveries, the vendor invoice must beincluded.
Rents, Leases, etc.
A copy of the rental or lease 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 of the finished product are required.
Supplies, Services, etc,
Forsupp|/es nr services ordered, a vendor invoice is required.
[onoaut-Gumwel'sHo"oo-fY/*;page B
TeUefax, Fam, 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 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
neceipts. 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 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 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 %XVI, TRAVEL, PER DIEM,
MEALS, AND MILEAGE POLICY of the Monroe County [ode of Ordinances. 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 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 controct), contributions, depreciation expenses (un|ess 'specifically
included in the contract), entertainment expenses, fundraising, non-sufficient check charges,
penalties and fines.
Qontroct-8amuel'sHouso-fY/4;page 9
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
5OO Whitehead Street
Key West, FL3]O4U
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.XX
104 Employee p/R ending OS/14/O1 XXX.XX
105 Employee B P/Rending 05/38/01 )0(X.XX
/A\ Tota|
/�) Total i
` ' prorpayments $ X,XXX.XX
(C) Total requested and paid (A f B) $ X,XXX,XX
(D) Total arnoun contract �
` ' $ X,XXX.XX
Balance of contract (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 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 20 b
who |s personally known tome.
Notary Public Notary Stamp
Qmtract-8mmue/'s*ouae'FY/4;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.)
Contract-Samuel's House-FY14;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
public building or public work, may not submit bids on leases ofreal 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 35
months from the date of being placed on the convicted vendor list."
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.
(signature)
Date:
STATE OF It r"
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
ro who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the id
VVI 2._^��'
My commission expires: { �
OMB - MCP FORM #4
GE 215136
Contract-8amue/'sHouoo'FY/4;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, 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
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 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 ofany 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, fora violation occurring in the workplace no later than five
(5) days after such conviction.
5. Imposes asanction 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 io 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
Date
PERSON, LLY APPEARED BEFORE ME, the undersigned authority,
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Monroe Association for Effective Date: 10/01/13
Retarded Citizens, Inc. Expiration Date: 9/30/14
Contract Purpose/Description: provides services for mentally retarded citizens of Monroe
County.
Contract Manager: Laura del-oach-Hartle 4482 OMB/Grants
(Name) (Ext.) (Department)
for BOCC meeting on 10L16L13 Agenda Deadline: 10L01L13
CONTRACT COSTS
Total Dollar Value of Contract: $155,000.00 Current Year Portion: $155,000.00
Budgeted? Yes® No 0 Account Codes: 001-03232-530340-
Grant: $0.00
County Match: $_
ADDITIONAL COSTS
Estimated Ongoing Costs: $_____/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries,
etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director Yesf-j NoD
\J1 N\4--
Risk Management �1'11�-" 01 YesF� No
.........
O.M.B./Purchasing —912�413 YesEl No
County Attorney (411d qJ3 YesF-1 No (2fL�f�' - V",)LCLLLt1JL 1aKL,,Jj qp3p
Comments:
OMB Form Revised 9/11/95 MCP #2 .........
AGREEMENT
This Agreement is made and entered into this 16th day of October, 2013, 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:
FUNDING
&. 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
($1S5,DO0.00) for fiscal year 2U13-2O14.
2. TERM. This Agreement shall commence on October 1, 2013, and terminate September
30, 2014, 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 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 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.
-
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.
RECO9kDKEEPING
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 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 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 $150,000 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) <]rgmnization's Corporate 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;
(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 laws,
contract provisions and the scope of services that the County may request during the
contract year.
RESPONSIBILITIES
80. 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 [ to residents ofMonroe County, Florida.
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 at1orney'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 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 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 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 88-353) which prohibits discrimination on the basis of
race, color or national origin; 2) Tide IX of the Education Amendment of 1972, as amended (20
Cmoact-MARCFY74;page 8
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 (30 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; S) The Drug Abuse {}Mloe
and Treatment Act of1972 (PL92-2SS), 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 of1913, 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 1958 (42 U8C 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. 1301 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 on 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 urby 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. 768.38,
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
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 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 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 BYNKDN-PARTIES. No person or entity shall be entitled 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 on original, all of which taken together shall
Cno0aat-MARC-FY/4;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 rnei|, return receipt requested, to the
other Party asfollows:
For Board:
Grants Administrator and Monroe County Attorney
11O8 Simonton Street P[) Box 1026
Key West, F[ 3]O4O Key West, FL ]3O41
For PROVIDER
Diana F|enard, Executive Director
Monroe Association for Retarded Citizens, Inc.
14O1 Seminary Street
P.O. Box420
Key West, FL 33041-0428
305-294-9528
305-292-0078FAX
34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS' AND FEES. This
Agreement shall be governed by and construed in accordance with the |evvs 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 e 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 e 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 |evv unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreennent, 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]
Cuntract-M*RC-FY/4;page 0
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST; AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairman
Monroe Association for Retarded Citizens, Inc.
(Federal ID No. 1 -/ '3 )
Witness
' 44& By f
Witness Executive Director
'sONiOE COUNTY ATTORNEY
APPROVED AS TO FORM:
OHF��,�sTl�6E . L6BEFi1'_BAFtO `�
ASSISTANT COUNTY ATTORNEY
Date —
Contract-MARC-RY14;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 nf 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 es 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 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 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 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 or services ordered, a vendor invoice is required.
(OWract-MARC-FY14;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
/\ 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 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 e 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 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 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 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.
ATTACHMENT 8
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
SOO Whitehead Street
Key West, FL33O4O
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.XX
104 Employee P/R ending O5/14/01 XXX.XX
105 Employee P/R ending O5/28/U1 )CXX.)0(
(A) Total
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (AfB) $ X,XXX.XX
(D) Tota| contract amount $ X,XXX.XX
Balance of contract (D-C)
I certify that the above checks have been submitted to the vendors es noted and that the
expenses are accurate and in agreement with the records of this organization. Furthermore,
these expenses are in 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 b
who is personally known tome.
Notary Public Notary Stamp
Cbntract-MARC'FY/4;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.)
Contract-MA RC-FY 14;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
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 list."
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 o 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 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 883 (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 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 that this Mrrn complies fully with the
above requirements.
STATE OF
(Signature of Res"ponde'nt)
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
day of / 20/3.
� �
My commission expires: y��(/. /
NOTARY PUBLIC
DAVIDA
Qrnbmct-MABC-FY/w;pagjei-----~-~-M
SWORN STATEMENT UNDER ORDINANCE NO. 1O-199O
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
warrants that ha/it has not employed, retained or
otherwise had act on his/its behalf any former County officer oremployee in v(n|obnn of Section Z
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 oremployee.
Date:
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
~�^/,f 17=-' who, after first being sworn by me, affixed his/her
signature (name ofindividual signing) in the space provided above on this 1:123[—x ey of
�
/ 2O3NOTARY PUBLIC
x ��. / �� ��
,�
[�y commission expires: /v/~ ^~-
""M
*j FXPIRES:Nwadtw 01,2013
UMB - MCP FORM #4 jwvv
[onbact-MARC-FY/4;page /3
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AGREEMENT
This Agreement is made and entered into this 16th day of October, 2013, between the
BOARD OF COUNTY COMMISSIONERS OF MC>NROE 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 i|| persons, and
WHEREAS, it is a legitimate public purpose to provide facilities and services for assisted
living fmd|iUee and services such as mental health support, transportation, and supervision for the
disadvantaged, mentally i|| community 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 assisted
living facilities and services such as mental health support, transportation and supervision in
Monroe County, Florida, shall pay to the PROVIDER the sum of THIRTY-FIVE THOUSAND AND
NO/100 DOLLARS ($]S,OOO.00) for fiscal year 2013-2014.
2. TERM. This Agreement shall commence on October 1, 2013, and terminate September
30, 2014, 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 nrganization'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||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 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 |ovv.
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 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 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.
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 118, 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 recornrnended/taken;
(e) Copy of filed IRS Form 890 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) Dryanization'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 tn substantially 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 athorney'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, \nrespect
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 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 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 itis expressly understood that upon adetermination 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 1864 (PL 88-352) which prohibits discrimination on the basis of
race, color or national origin; 2) Title IX of the Education Amendment of 1872, as amended (20
Contrect-He'nn-Peaoock-FY14; page 3
U5C es. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1873, as amended (20 UGC s. 784), which prohibits
discrimination on the basis of handicaps; 4\ The Age Discrimination Act of 1975, as amended (42
U5C 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 (PL81-616), 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 UGC
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 1868 (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 UGC 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 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 by this Agreement nr 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 tn 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 inany 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 nf 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 o 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. ATTESTAO[ION& PROVIDER agrees to 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 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 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 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 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 KDYNON-PARTIES. No person or entity shall be entitled 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 nr 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 on original, all of which token together shall
CUntract'Meron-Peacnck-FYI4;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 Monroe County Attorney
1100Birnonton Street PO Box 1026
Key West, FL33O4O Key West, FL ]3041
For PROVIDER
Richard Casey, Executive Director
United States Fellowship of Florida Inc.,
d/b/a Heron-Peacock Supported Living
67 Coco Plum [}rive
Marathon, FL 33050
305-743-4129
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,
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 nf 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 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 tnsuch subject matter between the PROVIDER and the Board.
[THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW]
Conbact-xeonn'Peacock-FY14; page 6
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
nf the day and year first written above.
(SEAL) BOARD {}F COUNTY COMMISSIONERS
ATTEST: AMYHEAVILlN, CLERK {}FMONR{}E COUNTY, FLORIDA
By B
Deputy Clerk Mayor/Chairman
United States Fellowship of Florida, Inc
d/b/a Heron-Peacock Supported Living
(Federal IONo. )
Witness
Gy
Witness Board President
Contract-Heron-Peacock'FY24;page 7
ATTACHMENT A
EXPENSE REIMBURSEMENT REQUIREMENTS
This document is intended to provide basic guidelines to Human Service and Community-Based
[)rganizaUona, county travelers, and contractual parties who have reimbursable expenses
associated with Monroe County business. These guidelines, as they relate tntravel, are from the
Monroe County Code of Ordinances and State laws and regulations.
A cover letter (see Attachment B) summarizing the major line items nnthe reimbursable expense
request needs tn 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 tn the contracting agency. Third party payments will not beconsidered
for reimbursement. Remember, the expense should be paid prior to requesting o 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 tn3O5-292-3534.
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 nr express deliveries, the vendor invoice must be included.
Rents/ Leases, etc.
A copy ofthe rental nr 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 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.
[ontract-#ernn-Peacock-FY14; page 0
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 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 nfTravel
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. Atravel 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. Rnnrn
must be registered and paid for by traveler. The County will only reimburse the actual room and
related bed tax. Rnnrn 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 nfOrdinances. 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 a reimbursable expense.
Meal reimbursement shall beatthe rates established by ARTICLE XXVI, TRAVEL, PER DIEM,
MEALS, AND MILEAGE POLICY nf the 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 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 of County Commissioners
Finance Department
SOOVVhitehead Street
Key West, FL33O40
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.XX
104 Employee P/R ending 05/14/O1 XXX.XX
105 Employee B P/F( ending 05/28/01 )0Ch.XX
(A) Total
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid /A + B\ ¢ X,XXX.XX
(D) Total contract amount $ %,XX%.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'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 tome.
Notary Public Notary Stamp
Contract-He/nn-Peacock-FY14; page 10
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.)
Contract-Heron-Peacock-FY14; 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 or services 10 m public
entity, may not submit a bid on a contract with m public entity for the construction or repair of
public building or public work, may not submit bids on leases ofreal 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 list."
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 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 oremployee.
~
STATE OF
COUNTY OF —
PER undersigned authority,
6thA-),,, JA /!�2-4o- kl who, after first being sworn by me, affixed his/her
signature (name ofindividual signing) in the space provided above on this day of
, 20_�_�� `
NOTARY PUBLIC
My commission expires: ��'-'^�-~��-��'- ~ � «
[}MB - MC FORM #4
WOO
[ME
[ontraot-terun-Peacock-fY14; page l3
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name ofBusiness)
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 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 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 on the commodities orcontractual 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 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 sanction on, or require 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 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 [)F ~ 4 ",Z'17,7 A/
—
^ (Signature ofRespondent)
�OF'22_zez_-,v�_��
Date
pauthority,
who, after first being sworn by me, (name of
individual signing) affixed h| |gnaturein the space provided above onthis
" ��'
day of , Zu�_,~~
- ^
My COnnnniSSiOn expires:
.,~ .. `... �~~^^CME
�
"�
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Star of the Sea Effective Date: '10/01/13
Foun Latiop, Inc. Expiration Date: 9/30/14
Contract Purpose/Description: provides funding for a food pant[y for disadvantaged persons
of Monroe County.
Contract Manager: Laura del-oach-Hartle 4482 OMB/Grants
(Name) (Ext.) (Department)
for BOCC meeting on 10/16/13 Agenda Deadline: 1DZD1L13
CONTRACT COSTS
Total Dollar Value of Contract: $55,000.00 Current Year Portion: $55,000.00
Budgeted? YesZ NoEl Account Codes: 001- 03246 -530340-
Grant: $0.00
County Match: $_
ADDITIONAL COSTS
Estimated Ongoing Costs: $____Jyr Fo r:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries,
etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director YesF-1 NoF�
Risk Management Yes No
N" F-1 'M
EC, . ......
O.M.B,/Purchasing -d0l 113 YesF-1 NOD'
County Attorney 04, a4B Yes[:] NoV
Comments:-
OMB Form Revised 9/11/95 MCP #2
AGREEMENT
This Agreement is made and entered into this 16th day of October, 2013, between the
BOARD OF COUNTY COMMISSIONERS OF MONRDE 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 a
certified food pantry for disadvantaged persons, and
WHEREAS, it is a 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:
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 related to provision of a certified food pantry for disadvantaged persons
living in Monroe County, Florida, shall pay to the PROVIDER the sum of FIFTY-FIVE THOUSAND
AND N{}/I00 DOLLARS ($55,000.00) for fiscal year 2013-2014.
2. TERM. This Agreement shall onrnnnence on October 1, 2013, and terminate September
30, 2014, 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 Off|ce, 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 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 of this 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.
6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with
funds provided under this agreement, shall become the property ofMonroe County and shall be
accounted for pursuant tnstatutory requirements.
Contract'Star of the Sea FY/44;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 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||ovv 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 {SUIDESTAR printout indicating current 501(c)(3) status;
(b) List of the Drganization'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/tahen;
(e) Copy of filed IRS Form990 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;
(j) Cooperation with County monitoring visits that the County may request during the contract
year; and
(h) 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 to residents of Monroe County, Florida.
11. AQyTORNEY"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 ott0rney'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 fu|l 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 tn 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 tn 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 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 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-]52) 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. 1881-1683, and 1885-1686), which prohibits discrimination on the basis of sex;` 3l
Section 504 of the Rehabilitation Act of 1973, as amended /20 US(� s. 794\, which prohibit'-
discrimination on the basis of handicaps; 4\ TheAge Discrimination Act `` �sarn�nded (4
. 2
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 A\CohV\iSrn Prevention, Treatment and
Rehabilitation Act of197O (PL91-S1G), 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 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
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 bv 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 o/the Sea Fv/*4;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
attorneys 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-Star of the Sea FY144;page 5
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:
For Board:
Grants Administrator and Monroe County Attorney
11OO Simonton Street PO Box 1U26
Key West, FL33O4O Key West, FL33041
For PROVIDER
Tom Callahan, Executive Director
Star of the Sea Foundation, Inc.
564U Maloney Avenue
Key West, FL 33040
305-292-3013
305-292-3014FAX
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
harnns 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 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 TDFOLLOW]
Contract Star nf the Sea Fv/44;page 0
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
nf the day and year first written above.
(SEAL) BOARD DF COUNTY COMMISSIONERS
ATTEST: AMYHEAVlON, CLERK DFM(}NROECOUNTY, FLORIDA
By B
Deputy Clerk Mayor/Chairman
Star ofthe Sea Foundation, Inc.
/
Witness
By
Witness
Executive Director
K8ONROE COUNTY ATTORNEY
)
CHRISTINE M. L.IMBERT-BARROWS
ASSISTANT
Date
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:
"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'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 beconsidered
for reimbursement. Remember, the expense should be paid prior to requesting o 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. lntercornpanya||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 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, data, 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-Star n/the Sea Fv/44;page a
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 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 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. 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 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 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 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 a 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, depreciotionexpenses (un|ess `specifically
included in the contracU, entertainment expenses, fundraising, non-sufficient check charges,
penalties and fines.
Contract'Star o/the Sea FY/44;page 9
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
5OO Whitehead Street
Key West, F[ 3]O4O
Date
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 05/14/01 XXX.Xx
105 Employee B P/Rending 05/28/01 )(XX.X]X
(A) Total �(. \XX.X�
(B) Total prior payments $ %,XXX.XX
(C) Total requested and paid (Af 8) $ X,XmXX
([}) Total contract amount $ %,XXX.XX
Balance of contract (D-C) �~X*XXX.XX
I certify that the above checks have been submitted to the vendors as noted and that the
expenses are accurate and in agreement with the records of this organization. Furthermore,
these expenses are in compliance with this nrganizatinn'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 ZO by—
who is personally known to me.
Notary Public 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.)
Services to be provided:
Food: The Star of the Sea Mission is a certified food pantry that is now serving
an average of 60,000 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. Some of this food is
purchased through accounts with Feeding South Florida, GFS, and
FarmShare, and thousands of pounds are brought in each week from local
donors through our Food Recovery operations.
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.
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 eleven (11) tons of donated
furniture, bed linens and clothing last year alone. Our goal is to help any
needy individuals who make their way to our doors
Contract-Star of the Sea FY144;page 11
PUBLIC EN-riTy- cRimE sTAT EN—T
"A person or afffflate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under
a contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months frorn the date of being placed on the convicted vendor list."
Contract-Slar of the Sea FY144;page 12
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Star of the Sea Foundation, Inc.
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 orempl
lure)
Date:
STATE OF
COUNTY OF
!7�7-
F PER�SONA?I LY APPEA.RED BEFORE ME, the undersigned authority,1
who, after first being sworn by rne, affixed his/her
signa e (name of individual signing) in the space provided above on this4— day of
2-0
My ccrmmission expires: a
Dot4NA KNULL
otary puptic-State of Florida
my Comm,Expires JaA 22.2017
OMB - MCP FORM #4 Commission#EE$64173
Bonded Through National
lry Ass'
Contract.....h?'Ira N 9Z Fi�l 44;page 13
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Star of the Sea Foundation, Inc.
(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 ernployer of any conviction of, or plea of guilty or
noio contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled SUbstance
iaw of the United States or any state, for a violation occurring in the workpiace 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 11
certify
- at this firm complies fLdiY W WI the
f 1;Z
above requirements.
STATE OF
(Sig i,(Sig ature of Respondent)
Dat
PERSONALLY APPEARED BrFdR ;`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 20 4-3
My commission expires:
NOTARY PUBLIC
DONNA XNULL
s Notary Public-State Of Florida
My Comsn,Expires jgn 22,2017
COMMission#FE 864173
80nded Through Najioniit Notaly Assn.
Contract-Star of the Sea FY1441-page 14
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Domestic Abuse Shelter, Effective Date: 10/01/13
Inc. Expiration Date: .9/30/14
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: Laura del-oach-Hartle 4482 OMB/Grants
(Name) (Ext.) (Department)
for BOCC meeting on 10L16 J13 A2enda Deadline: 10/01/13
CONTRACT COSTS
Total Dollar Value of Contract: $30,000.00 Current Year Portion: $30,000.00
Budgeted? Yes® No R Account Codes: 001-03201-530340-
Grant: $0.00
County Match: $_
ADDITIONAL COSTS
Estimated Ongoing Costs: $----Jyr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries,
etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director YesR NoR
Risk Management YesR Non
O.M.B./PurchKing 01 3011) YesR No4 (!JRA V30/13
County Attorney YesR No[
Comments:
OMB Form Revised 9/11/95 MCP #2
AGREEMENT
This Agreement is made and entered into this 16th day of October, 2013, between the
BOARD 0P COUNTY COMMISSIONERS OFMONROE 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, 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 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/100 DOLLARS ($30,000.00) for fiscal year 2013-2014.
2. TERM. This Agreement shall commence on October 1, 2013, and terminate September
30, 2014, 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 |avvy 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'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||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 mf this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior tnsubmission.
Contract-Domestic Abuse Sho&sr-fY/4;page /
6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased withfunds provided under this agreement, shall become the property of Monroe County and shall be
accounted for pursuant to statutory 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 nr 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, papery, letters nr 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(c)(3\ status;
(b) List of the Drganizahon's Board of Directors of which there must be at least ~ and for each
board member please indicate when elected to serve and the length of term service;
ice^
(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) {}rgan|zation's Corporate Bylaws, which must include the organizaUnn's nnissinn boa
and
membership composition, and process for election of officers; ' '~
(g) [)rganizabon'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 yen/ices 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 type-' and
frequencies of services provided, a profile of clients (including residency) and n-" bers
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.
RESPONSIBILITIES
10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and
agrees with the Board to substantially and satisfactorily perform and providethe services outlined
Attachment A1t��h �nt C to residents ofMonroe County, Florida. ~^
[onoart-DuoeaNr Abuse GheVor-FY/4;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 relativ
e tothe enforcement or interpretation of thisAgreement, 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'yfees, 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 nfgifts; 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 �n respect
to itse|f, it has neither employed nor retained any company or person, other than ` bona fide
employee working solely for it, to solicit or secure this Agreement and that it has
~nt paid nr
agreed to pay any pecson, cnnnpany, cnrporat|nn, individua|, or firnn, nther than not
fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent contingant upon or resulting from the award or making of this Agreement. For th~ breach or
violation of the provision, the PROVIDER agrees that the County shall h ' �
oun y y a have the right to terminate
this Agreement without liability and, at its discretion, �o offset from monies
—onies owed, or otherwiserecover, thefu|| annountofsuchfee, cnnnrnission, percentage, gift, n. colyideraUon.
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 state' ent
contained in this agreement shall be construed so as to find the PROVIDER or any ~"''' its
employees, contractors, servants or agents to be employees of the Board.
COMPLIANCE ISSUES
16. COMPLIANCE WITH LAW. In providing all yen/ices 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 terrninatethis contract irnrnediate|y upon delivery of
nn
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 nfappropriate local state
and/or federal certification and/or |icensure of the PROVIDER'S programand 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 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 innited 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) Tide IX of the Education Amendment of 1972, a amended (2"
Contract-Oomemtic Abuse 3h*ltepFY/4;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 (30 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act nf 1975, as amended (42
USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The [}rug Abuse Office
and Treatment Act Vf 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 (PL91-01S), 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 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
Fedenal 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 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 by this 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 tn 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. COVENANK' 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 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 tn 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
Contract-Domeuuic Abuse She0yr-FY/4;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 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 warranty 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 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 ||rnity 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 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 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 B1y9NON-PARTIES. No person nr entity shall be entitled 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.
GENERAL
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-Domestic Abuse GneNe+FY/4;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
11OD Simonton Street PO Box 1026
Key West, FL33O4O Key West, FL33041
For PROVIDER
Ven|tm Garvin Valdez, Chief Executive Officer
Domestic Abuse Shelter, Inc.
PO Box 522696
Marathon Shores, FL 33052
305-743-5452
305-289-1589FAX
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, 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 |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 hemzin 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 FDLLDVV]
Contract-Domestic Abuse 8he8erFY/4;page 0
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL) BOARD DF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, CLERK OFMDNROE COUNTY, FLORIDA
By B
Deputy Clerk Mayor/Chairman
Domestic Abuse Shelter, Inc.
c��
(Federal ID NO. ~� �~
Witness
Byr�_°_~ �~��� �
Witness Chief Executive Officer
K40NROE COUNTY ATTORNEY
A" RNEY
ate
Contract-Domestic Abuse Soelter-FY/4;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, as they relate tntravel, are from the
Monroe County Code nf Ordinances and State laws and regulations.
/\ cover letter (see Attachment B) summarizing the major line items on the reimbursable expense
request needs tn 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 nrganization's contract with the Monroe
County Board of County Commissioners and will not be submitted for reimbursement tn any other
funding source,"
Invoices should be billed tn the contracting agency. Third party payments will not be considered
for reimbursement. Remember, the expense should be paid prior tnrequesting o 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.
Pa$'rmUU
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.
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 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 0r services ordered, a vendor invoice is required.
Contract-Domestic Abuse She8ar-FY/4;page R
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 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. 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 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 is not.
Adetaiied 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 rnnrn and
related bed tax. Room service, movies, and personal telephone calls are not a||nvvab|e expenses.
Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM,
MEALS, AND MILEAGE POLICY of the Monroe County Code ofOrdinances. 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 ofOrdinances. Meal guidelines state
that travel must begin prior to S 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.
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board uf County Commissioners
Finance Department
500VVhitehead Street
Key West, FL33O4O
Date
The following is a summary of the expenses for ( ) for the time period
of-. to
Chock # Payee Reason Amount
101 Company Rent $ X,XXX.XX
102 Company Utilities XXX.XX
104 Employee P/R ending O5/14/O1 XXX.XX
105 Employee P/R ending O5/28/O1 ) XX.XX
(A) Tota|
(B) Total prior payments $ X,XXX.XX
(C) Tuta| requested and paid (A + B) $ X,XXX.XX
(D) Tota| contract amount $ X,XXX.XX
Balance uf 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 urganization's contract 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 to and subscribed before me this day of 20 b
who is personally known to me.
Notary Public Notary Stamp
Contract-Domestic Abuse 8halter-FY/4;page /O
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.)
Contract-Domestic Abuse Shelter-FY14;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 ur 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 un leases ufreal 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 exC85S
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."
.^
umvart-mn7estic Abuse Ghelter-pY/4;page 12
_
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY FLORIDA
� S CLAUSE
� --^- arrantsthat he/ithas not employed, retained or
otherwise had act on his/its behalf any former County officer oremployee in violation of Section Z
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 |
\ �-�
�
Date:-
STATEDF
COUNTY OF
P LY EARED BEFORE ME, the undersigned authority,
7U~ ' � ` /— �\
����� ��� �� ~ who, after first being sworn by me, affixed his/her
signature (name ofindividual signing) in the space provided above on this day of
/ �
, 2O_/��_.
NOTARY PUBLIC
My commission expires:
IA P 7G11AN1
OMB - MCP FORM #4
my COMMISSQ�j
(407)39ES-01 53 Floridallotaryservi-corli
Contract-Domestic Abuse Soe8epFY/4;page /3
DRUG-FREE WORKPLACE FORM
ndersigned vendor in accordance with Florida Statute 287.087 hereby M that:
� TNC
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use ofe 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 urcontractual 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 urcontractual services that are underbid, the employee will abide by
the terms of the statement and will notify the employer ufany conviction of, or plea of guilty or
no\o contendere 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, 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 |i fully with the
above requirements.
� )
STATE OF
(S' ature of Respondent)
COUNTY OF
Date
PE70NALLY APPEARED BEFORE ME, the undersignedauthority,
who, after first being sworn by me, (name of
individual signing) affixed his/her signature in the provided above on this
day of 6k, 2o
My commission expires:
PUBLIC
EXPIRES July 2:).2101
Contract-Domestic Abuse 6he8e~FY/4;page /4
MONRDE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Anchors Aweigh Club, Inc. Effective Date: 10/01/13
Expiration Date: 09/30/14
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: Laura del-oach-Hartle 4482 OMB/Grants
for BOCC meeting on 10/16/2013 Agenda Deadline: I.Q�20�13
CONTRACT COSTS
Total Dollar Value of Contract: $5,000.00 Current Year Portion: $5,000.00
County Match: $_
ADDITIONAL COSTS
(Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries,
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director YesF� NoEl
O.M.B./Purchasing YesR No
OMB Form Revised9/11/95 MCP #2
AGREEMENT
This Agreement is made and entered into this 16th day of October, 2013, between the
BOAR[) OF COUNTY COMMISSIONERS OF M{}NRDE COUNTY, FLORIDA, hereinafter referred to as
"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 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 ofMonroe County, Florida, shall pay
to the PROVIDER the sum of FIVE THOUSAND AND N{}/100 DOLLARS ($5,000.00) for fiscal year
2O13-2Q14.
2. TERM. This Agreement shall commence on October 1, 2013, and terminate September
30, 2014, 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 organizatiun'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 ufexpenditures 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 FOUR 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 ufMonroe County and shall be
accounted for pursuant to statutory requirements.
Contract-Anchors Aweigh Club-pY/4;poga 1
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 to this Agreement for
public records purposes during the term of the Agreement and for four years fu(|uvv\ng 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
- cti with County and PROVIDER incunjun conjunction this Agreement;vv s greernen ; 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 /itennsA-I must be provided prior to the payment ofany invoices):
(a) IRS Letter ofDetermination 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 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 Form99O from most recent fiscal year with all attached schedules;
�f'' Organizatiun's Corporate Bylaws, which must include the organizatiun'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 Perhornna /ce 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 \ovvs,
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. 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
Contract-Anchors Aweigh Qub'FY/4;page 2
reasonable attorney's fees, court costs, investigative, and out-of expenses, as an award
against the non-prevailing party, and shall include atturney'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 ufMonroe County.
12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit ofthe 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 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 of appropriate local, state
and/or federal certification and/or |icensure of the PROVIDER'S program and staff.
18. p&ON-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 (PL88-352) 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 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4\ The Age Discrimination Act of 1975, as amended (42
Conoart-Anchms Aweigh Club'FY/4;page 3
USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office
and Treatment Act 'f 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` of 1970 (PL91-S16), as amended, relating to nondiscrimination on the basis of
alcohol abuse oralcoholism; 7) The Public Health Service Act Vf1912, ss. 523 and 527 (42 USC
ss. 690dd-3 and 290ee-3), a' amended, relating to confidentiality of alcohol and drug abuse
patient records; 8) Title —Il of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended,
re|ating 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
public meeting of the Board of County Commissioners. If the issue or issues are still not resolved
to the satisfaction of the parties, {hen any party shall have the right to seek such relief or remedy
as may be provided by this 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 broach 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 tu 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 puu| 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-Anchors Aweigh[Jub'FY/^k 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 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
attorneys 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-Anchors Aweigh Club-FY14;page 5
i
33. NOTICE. Any notice required or permitted under this agreement shall be in writing
and hand-delivered or mailed, postage pre-paid, by certified rnoU, return receipt requested, to the
other party asfollows:
Forl----- d Monrn� CountyAttnrney
Grants Administrator an
11OO Simonton Street PC} Box 1O26
Key West, FL33O4O Key West, FL33O41
For PRDVIDER
]udyB\urnenkranz, Executive Director
Anchors Aweigh Club, Inc.
404V|rg\nia 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 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 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. SEVERA88ILITY. 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 onnoes 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-Anchors Aweigh Club-FY/4;page 0
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL)
BOARD {�FC[}UNTYCOMMI5SI(JNERS
`ATTEST: AMYHEAVIDN, CLERK OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk
Anchors Aweigh Club, Inc.
(Fed
VV\tn8SS
By `~
Witness i^=c"",^ ~''e~`~'
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
ASS�S,TANTCOUNTY ATTORNEY
Date C
Contract-Anchors Aweigh Ckb'FY/4;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 tntravel, are from the
Monroe County Code of Ordinances and State \ovvs 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:
"l certify that the above ohaohS have been submitted to the vendors as noted and that the
t d \ t with reoordsnfth(sorgan(�a�inn
attached expenses are accurate �n n agreement vv .
Furthermore, these expenses are in compliance with this nrgan\zat(on'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 )eve) 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 \s provided, \t 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 fo))nvv\ng 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 dote, number nfcopies 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.
(onomot-AnctorsAweic7wCkub'FY,*;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 nf 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 [ode of Ordinances and State laws and regulations. Credit card statements are
not acceptable documentation for reimbursement, If attending a conference nr meeting, a copy of
the agenda is needed. Airfare reimbursement requires the nr|g\ne) passenger receipt portion of
the airline ticket. Atrave) itinerary is appreciated tn 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
tax( from one's residence to the airport for a business trip is not reimbursable. Parking is
considered a reimbursable travel expense atthe dest\natinn. 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
for a 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 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.
Cmnoact-Anchors4=eigh Club-fY/*;pa0o 9
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
50O Whitehead Street
Key West, FL ]3O4O
Date
The following is a summary of the expenses for ( ) for the time period
nf- to______.
Check # Payee Reason /\nnnunt
101 Company Rent $ X,XXX.XX
102 Company Utilities XXX.XX
I04 Employee P/Rending 05/14/01 XXX,XX
105 Employee B P/Rending 05/28/01 XX}(.XX
(A) Total X,XXXM
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX
'[}' Total contract amount $ X,XXX.XX
` ' Balance of contract (D-C)
I certify that the above checks have been submitted tn 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 organ\zat\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 to and subscribed before me this ____ day of 20 by
who is personally known tn me.
Notary Public Notary Stamp
Contract-Anchors Aweigh Ckub'FY/4;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.)
Anchors Aweigh Club, Inc. (AACI) was incorporated in 1983 as aTwelve Step program venue
where those seeking freedom from addiction could find a safe, welcoming, and anonymous place
to develop their recovery and rebuild their lives in order to lead clean, sober and addiction free
lives, AACI provides a 3,500 square foot Clubhouse and an adjacent garden that serve as
meeting rooms, gathering space, and reftige for a variety of meetings for members and visitors.
The AACI serves over 65,000 members and visitors per year, with over a third ofthern living in
Monroe County, Florida. These individuals are part of the 41.5 million people living in the
United States suffering from a mental illness, with one in five also experiencing a substance
abuse disorder, according to the Substance Abuse and Mental Health Services Administration
(SAMIISA).
The Clubhouse hosts at least seven recovery and addiction related meetings every day, three
hundred and sixty-five days a year. Every day, over 200 people come to the Clubhouse, located
at 404 Virginia. Street, Key West, Florida. The facility is open from 6:30 am until 9:30 pill. Oil
special dates, such as Fantasy Fest and New Year's Eve, the Clubhouse is open all night to
provide a.refuge and meetings for those who desire them.
As the number oi'members and visitors continues to increase, our utility bills and associated
costs continue to increase as well. Therefore, we plan to use the $5,000 Grant to help defray
some of the operating costs of the Clubhouse. Specifically, we will use it to help with the
electric, water, waste, and phone bills, all services critical to our being able to keep the doors
open and the Clubhouse functioning as needed to insure maximum service to our alcoholic and
addicted population.
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 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 fora period of 36
months from the date of being placed on the convicted vendor )ist."
SWORN STATEMENT UNDER ORDINANCE NO. 1U-199O
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
44,
arrants that he/it has not employed, retained or
�C1nn �
otherwise ad
�/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, from thepurchase
price, or otherwise recover, the full amount of any felf, com i ion,kpcentage, gift, or
consideration paid to the former County officer
rure,
Date:— 97
STATE OF
COUNTY OF Kj 6 0(20
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 = )60 day of
NOTARY PUBLIC
My commission expires:
OMB - MCP FORM #4
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that:
(Name ofBusiness)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of onntnn))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
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 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 ofany conviction of, or plea of guilty or
no\n cnntendera to, any violation of Chapter 893 (Florida Statutes) nrnfany 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 sanction on, or require the satisfactory participation inadrug abuse assistance nr
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 state me nt2Ztify tha this firm ) with the
above requirements.
�
STATE OF f DO 0,A
COUNTY OF �
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of
7n
individual s\gn\ng) affixed his/her signature in the space provided above on this
day of , 20/ � .
My commission expires:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
with:
Contract Florida Keys Area Health Effective Date: 10/01/13
Education Center, Inc. Expiration Date: 09/30/14
Contract Purpose/Description: provides health-related services for children and health
education for persons in Monroe County.
Contract Manager: Laura del-oach-Hartle 4482 OMB/Grants
(Name) (Ext.) (Department)
for BOCC meeting on .1QL16L13 Agenda Deadline: I_0L01j13
CONTRACT COSTS
Total Dollar Value of Contract: $45,000.00 Current Year Portion: $45,000.00
Budgeted? Yes® No M Account Codes: 001-03239-530340-_-_
Grant: $D,.00
County Match: $_
ADDITIONAL COSTS
Estimated Ongoing Costs: $____Iyr. For:
(Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries,
etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director Yeso NoF1
Risk Management YesD No[a,"
O.M,B./PurcVa-s�ing f Yes❑ No[�
h'
County Attorney YesF-1 No® ALL
Comments:
OMB Form Revised 9/11/95 MCP #2
_
AGREEME
ho d into this 16th day of October, 2013, between the
This Agreement �s rn�da and e»FraONnco� COUNTy hereinafter� refernad to as
BOAAO0F �OUNTYCO�Ml��ION�R5U p1 xu ' FLORIDA," hereinafter
�n�0�rreherredto
"Board" or "County," and Florida Keys Area Health Education Center, Inc., ene
as "PROVIDER."
WHEREAS, the PROVIDER is o 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:
FUNDING
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 sarv\osS for health-related services for children and health education for persons
�living in Monroe County, nr a F| �d , shall pay to the PROVIDER the sumof FORTY-FIVE THOUSAND
AND NO/100 DOLLARS (¢45,000.00) for fiscal year 2013-2014.
2. TERM. This Agreement shall commence on October 1, 2013, and terminate September
30, 2014, unless earlier terminated pursuant to other provisions herein.
3 PA8y0�EV�7F Payment vvi|| be made periodically, but no nnorefrequendythan monthly,
es hereinafter Reimbursement requests will be submitted to the Board via the Clerk's'/ forth.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 ReimbursementRequ(rernents 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 m
notarized certification� catinn statement. An example of reimbursement request cover letter is included
as Attachrnenx B. The oranizexampleion'sfina| 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.
^&^ AVAILABILITY OF FUNDS. if funds cannot be obtained or cannot be continued at
|| for continued re� bursennentnfexpenditures for services specified herein,
level sufficient to allow terminated
rn
ernonimmediatelyated immediately at the option of the Board by written notice of
this agreement may be PROVIDER. The Board shall not be obligated to payf»rany services
terrnin�t|onde|i«�red �nth� F(OyIDEK a fter the pROylDER has r8ceived writte» notice of
or �uods prov\ded by the P
termination, unless otherwise required by law.
5 ��L�.I���� F���� FE8�ERAL ��U� STA�FE x�I8�. PROVIDER and County agree that each shall
be and empowered �o apply for, seek, and obtain federal and state funds to further the
' ' � provided applications, requests
purpose of this Agreement; prov , grant proposals, and funding
solicitations shall be approved by each party prior to submission.
Conomct-fl Keys AHEC'FY14;pago /
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 tnstatutory 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 tV 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 a||ovv and permit reasonable access
to and inspection of, all documents, papers, letters or other nnateria|s in its possession or under
its ~to,
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER inconjunctnn vv s Agreement;with this A �' 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-1 must be provided prior to the payment of any invoices):
(a) IRS Letter ofDetermination and GUIDE5TAF( 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;
(cl 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 reconnrnended/taken;
/e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules;
`f' i t� ' Corporate Bylaws, vvh�ch must mission, board and
( ) [}rganza nns orpnra e ,
membership composition, and process for election of officers;
(g\ [)rgan|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 ]U 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 app|��ab|� 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 nfMonroe County, Florida.
Contract-FL Keys AHf}C-FY/4;page x
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 attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include at±nrney'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. NOSOLICI7FA0-ION/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 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 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
ordinonces, 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 I' of the Education Amendment of 1972, as amended (20
Contract-FL Keys AHEC'Fv/4;page 3
USC ss 1�8I-1�8�, and 168�-1686\, which prohibits discrimination on the basis of sex; 3)
` ' f 197� ended /�O USC s �g4)
Section 504 of the Rehabilitation Act n , as orn ` , ' which prohibits
discrimination on the basis of handicaps; 4\ The Age Discrimination Act of 1975, as amended (42
US(� ss �1O1-61O7\ which prohibits discrimination on the basis of age; 5\ The Drug Abuse Office
' t /\ct 'f 1973 /PL92 ���\ as amended, relating to nondiscrimination on the basis of
and Treatment o - '' ,
` ' `~^ � --' - ` � Alcohol Abuse and Alcoholism Prevention, Treatment and
drug abuse' 6\ The Comprehensive � ,
' ' [ 1q7U (PL 91 | 16\ as amended, relating to nondiscrimination on the basis of
Rehabilitation Act o _ -u '' ' /
alcohol abuse oralcoholism;
-- ` �\ The Public Health Service Act of1912, ss. 5 2] 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 no nondiscrimination in the sale, rental or financing of housing; 9\ TheAmericans with
Disabilities Act of 1 ) U /42 US( 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 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 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 to this Agreement shall be required to enter into any arbitration
proceedings related tn 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 inany 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
Contract-FL Keys xHBC-FY14;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 tnexecute 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 an d 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 (includingproperty owned by Monroe County) and any other losses, damages, and expenses (including
with, by at±orney'sfees) which arise out of, in connection w , or . 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 dudes 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 nremployee 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 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
Contract-FL Keys AHBC-Fv/4;page 5
constitute one and the same instrument and any of the parties hereto may execute this
Agreement bvsigning any such counterpart,
33 Y�Or�I^�E Any notice required or permitted under this agreement shall be in writing
and hand~ e||vered NOTICE. Any
postage pre-paid, by certified mail, return receipt requested, to the
other party asfollows:
Fgr Bg- =� d MnnroeCountyAttorney
Grants Administrator an
11OO Simonton Street P{) Box 1O26
Key West, FL33O4O Key West, FL33O41
OVIDER
—----cunninghonn, ChiefExecutiveOfMcer
Florida Keys Area Health Education Center, Inc.
58O0 Overseas Highway, Suite ]8
Marathon, FL 33050
305-743-7111
305-743-7709FAX
34 ��������k�W��0�� L�k��, VENUE, IV�7[E�kP�kET�KTI����, COSTS, ���0�� FEES. This
^
Agreement shall be governed by and co with�n accordance �th 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,
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 Y���U�-�#��I��EU� Any waiver of any breach of covenants herein contained to be kept
and perhz^rn�d by the PROVIDER shall not be deemed or considered as a continuing waiver and
shall not operate to bar or prevent the Board fromdeclaring a forfeiture for any succeeding
breach, either of the sane conditions or covenants orothenwise.
36^ SEVERABILITY. if any tern, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person)' shall be declared invalid or unenforceable
t conditions
to any extent by a court of competent jurisdiction, the remaining terms, covenants,
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
�1 hereof parties hereto with respect to the subject matter eren 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 K��A8EC-FY/�page 8
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
BY BY
Deputy Clerk Mayor/Chairman
Florida Keys Area Health Education
Center, Inc.
(Federal ID No.
Witness
By
Witness , Chief Execu e Offi er
4 ONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
&A!�
Op,ASSISTANT COUNTY ATTO N YS N
Date
Contract-FL Keys AHEC FY14;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 tntravel, are from the
Monroe County Code of Ordinances and State laws and regulations.
/\ cover letter /seeAttachrnent 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 expensesnre accurate and in agreement with the records of this organization.
rn Furtherore these expensesare in compliance with this organ\zation'scontract with the Monroe
' ~'County Board of County Commissioners C i innersubmittednd 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 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 Departrnentnesen/es
the right to review reimbursement requests on an individual basis. Any questions regarding these
guidelines should be directed 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 or hourly 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 or express deliveries, the vendor invoice must be included.
Rents, Leases, etc.
A copy ofthe rental nr lease 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 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.
Con8act-ft Keys AKEC'FY/4;page
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 Expensesinformation rnustbenenn�t1ed �ndud�ng' thepar�/ ca||ed, theca||er, the
A user log of pertinent .
telephone number, the date, and the purpose of the call.
Travel and Meal Expenses
Travel expenses must be submitted on a State ofFlorida Voucher for Reimbursement ofTravel
Expenses Travel reimbursement requests must be submitted and will be paid in accordance with
` rn Monroe County de of Ordinances and State laws and regulations. Credit card statements are
not acceptable documentation for reimbursement. If attending a conference or meeting, acopy
of
the agenda is needed Airfare reimbursement requires the original passenger receiptportion of
the airline ticket. At'^ave| itinerary is appreciated tnfad|itate the audit trail. Auto rental
reimbursement ^requires the vendor invoice. Fuel purchases should be documented with paid
�f taken �n arrive at a departure point: for example, taking a
no�e�p�� Taxis are not reimbursed .
taxi from
one's residence to the airport business trip is not reimbursable. Parking is
''' atdestination.
considereda reinnbursab|etravel expense a Airport parking during a business
trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero. Rnnnn
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 XXVl, TRAVEL, PER DIEM,
MEALS AND MILEA(�EPOLICY of the Monroe County Code nfOrdinances. Anodorneterreading
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 6 a.m. for breakfast reimbursement, before noon and end after 2
~ d before 6 rn and end after 8 p no for re�rnbursannent
p.m. for lunch reimbursement, an e r� p. . . . .
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 AHEC-FY14;page 9
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
5OD Whitehead Street
Key West, FL33O4O
Date
The following is a summary of the expenses for (Organization na for the time period
of-__ to-.
Check # Payee Reason Amount
101 Company Rent $ X,XXX.XX
102 Company Utilities XXX.%X
104 Employee A P/R ending O5/14/O1 XXX.XX
105 Employee P/R ending O5/28/U1 ___XX8=XX
XX
(A) Tota| $��������
(B) Tota| prior payments $ X,XXX.XX
((�\ Tota| requested and paid (A f B\ $ X,XXX.XX
` ^ ' �
([>) Tota| contract amount _ X,XXX.XX
Balance of contract (D-C) _$ X1XXXM
I certify that 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,
n compliance
these expenses are i |ianoewith this organization's contract with the Monroe County Board
of County Commissioners and will not be submitted for reimbursement to any other funding
source.
ExecutiveDireotor
Attachments (supporting documentation)
Sworn to and subscribed before me this day of 20 by
who is personally known tome.
Notary Public Notary Stamp
Contract-FL Keys AH6C-FY/4;page /O
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 frenui,ectomy/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)
& 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 STATEMEN
"/\ 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 toa public
enUty, may not subrnita bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity,
may not be awarded or perform work 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 period of 36
months from the date ofbeing placed on the convicted vendor list."
Contract-FL Keys A8EC-FY/4;page /2
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
6:L 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 discretiIdded from the contract or purchase
price, or otherwise recover, the full amount of any fee, c percentage, gift, or
consideration paid to the former County officer o emp ture)
Date:
STATE OF
COUNTY OF ,ALIM,y -`-
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
��(,�� �? ,� i/�>Mti..�`�e.t,►,, 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`�
NOTA Y PI �IC ��
My commission expires: MELANIE STEFANIDIS
NOTARY PUBLIC
;STATE OF FLORIDA
OMB - MCP FORM #4 Comm#EE059250
Expires 5/23/2015
Contract-FL Keys AHEC-FY14;page 13
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
5N
(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 statementO(Signatu
i irm complies fully with the
above requirements.
STATE OF t" , )\1 ,
n ` spondent)
COUNTY OF /v`bVtiyy-(- �1)2,--, 1 t
Date
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
A(C,&Laif,( CAA A ivi!,�aV" who, after first being sworn by me, (name of
individual signing) affixed /her signature in the space provided above on this
day of S�'Asc 20L'2j,
. -j My commission expires:
NOTARY PUBLIC MELANIE STEFANIDIS
NOTARY PUBLIC
-*STATE OF FLORIDA
" Comm#EE059250
Expires 5/23f2015
Contract-FL Keys AHEC-FY14;page 14
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Literacy Volunteers of Effective Date: 1-0101/13
America Inc. Expiration Date: 2Z30/14
Contract Purpose/Description: provides literacy training to persons of Monroe County.
Contract Manager:.Laura deLoach-Hartle 4482 OMB/Grants
(Name) (Ext.) (Department)
for BOCC-meeting on 10L16L13 Agenda Deadline: 1.0�01Q
CONTRACT COSTS
Total Dollar Value of Contract: $10,000.00 Current Year Portion: $.10,000.00
Budgeted? Yes® No L_J Account Codes: 001-03205-530340-_-_
Grant: $0.00
[County Match: $_
Estimated Ongoing Costs: $ ADDITIONAL COSTS
----Jyr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries,
L etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director YesR No[:]
J
Risk Management YesR No
ET
O.M.B./Pur*asin 430113 YesR No UIV41 �b 2�A� q Aola
9
County Attorney qfl�3 YesR No XAA,� qIL44 L-3
Comments:—
L_ —
OMB Form Revised 9/11/95 MCP #2
AGREEMENT
This Agreement is made and entered into this 16th day of October, 2013, between the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as
"Board" or "County," and Literacy Volunteers of America — Monroe County, Inc., hereinafter
referred to as "PROVIDER."
WHEREAS, the 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:
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 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 2013-
2014, '
2. TERM. This Agreement shall commence on October 1, 2013, and terminate September
30, 2014, 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 orgonization'sfina| 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 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.
cmnoout-Lmeooyvolunteem-Fv/*;page 1
6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with
funds provided under this agreement, shall become the property ofMonroe County and shall be
accounted for pursuant tVstatutory 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 Unoe|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 fo||mvv|ng 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 (itenosA-I must be provided prior tothe payment of any invoices):
(o) IRS Letter ofDetermination and GUIDESTAR printout indicating current 501(c)(3) status;
/b\ List of the OrganizaUon'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;
(8) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules;
(f) OrganizaUon's Corporate Bylaws, which must include the organ)zabon'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 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 to 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 /s initiated or defended by any party relative to
the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable atLorney'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 mfcertain 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 to this agreement, the
PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining toorregulating
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 of appropriate local, state
and/or federal certification and/or |icansure 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 n determination by
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part ofany 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; Z\ Title IX of the Education Amendment of 1972, as amended (20
Contract-Literacy uukmu*em'FY14;page 3
USC ss. 1681-1683, 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 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 (PL92-2S5), 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 (PL91-61S)/ as amended, relating to nondiscrimination on the basis of
alcohol abuse oralcoholism; 7\ The Public Health Service Act of191Z, ss. 523 and 527 (42 USC
ss. 590dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records; 8\ llde VlIl of the Civil Rights Act of 1968 (42 USCs. etseq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9\ The Americans with
Disabilities Act o[ 199O (42 USCs. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the 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 pa/ties. If no resolution can be agreed upon
within 30 days after the first meet and confer session, the issue or issues shall he 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 |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, 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
�
Contract-Literacy Vomnteers'FY,4;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.
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
ai±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 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. 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
Contract-Literacy Vo/unteers-FY/4;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
11OO Simonton Street PO Box 1025
Key West, FL33O4O Key West, FL33O41
For PROVIDER
Mary Casanova, Executive Director
Literacy Volunteers of America - Monroe County, Inc.
14OO United St, #109
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
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 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 |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 VVDFH SIGNATORY PAGE TO FOLU]VV]
Contract-Literacy vnummem'pv/4;page o
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL)` �^ BOARD OF COUNTY COMMISSIONERS
ATTEST: AMYHEAVIUN, CLERK OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk M h ayor/{� airnnan
Literacy Volunteers of America -
Monroe County, Inc.
(F8d8n]| ID NO. )
Witness '
By e4
Witness Exec ve Director
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
ASSISTANTCOUNTY ATTORNEY
Date
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 thisorganizaUon'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 contnact.
This document should not be considered all-inclusive. The Clerk's Finance Department reserves
the right to review reimbursement requests on an individual basis. Any questions regarding these
guidelines should be directed to 305-292-3534.
Data Processing, PC Time, etc~
The vendor invoice is required for reimbursement. Inter-company allocations are not considered
reimbursable expenditures unless appropriate payroll journals for the charging department are
attached and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If
a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total
hours worked, withholding information and 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 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-Literacy Voluntemn-fv/4;page V
ATTACHMENT C
Services tobe provided:
(Insert a description of your organization including a list of the services that will be provided by
your organization under this contract.)
Literacy Volunteers of America—Monroe, Inc. provides free one on one tutoring for people who want
to learn how to speak, read, write and communicate in English more effectively.
Contract-Literacy uukmteens'fY74;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 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 ofreal 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
MONRDECOUNTY FLORIDA
ETHICS CLAUSE
- i"("vu 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;-i"s i cretion, deduct from the contract or purchase
creti
L���sd�.on,mdeisd u ct fro r
price, or otherwise recover, the f;j,l'l a' mount of any fee, mission, percentage, gift, or
consideration paid to the former County officer or emplo
A)O/o jq
Date: Xz f�4/_3
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
lJotarl who, after first being sworn by me, affixed his/her
signature (name ofindividual signing) in the space provided above on this day of
ZO_1 .
NOTARY PUBLIC
My CDnlrn(SSiOn expires:' ����
° ^—' -� ~~� ' 7r
Expires April 26,2014
OMB - MCP FORM #4
Contract-Literacy wmmteecy'Fv/4;page 13
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Busiriess)
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
violations.
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, asacondition 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
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 asanction on, or require 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 good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the state'ri e nC,_f_c' ertTfV-t�at this firm complies fully with the
above requirements.,,
STATE OF �- ^J ��� /� �l
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
day of 3o / 20_��
~
My commission expires:
NOTARY PUBLIC
M{}NROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: American Red Cross of Effective Date: 10/01/13
Greater Miami and the Kgys Expiration Date: 9/30/14
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: Laura del-oach-Hartle 4482 OMB/Grants
CONTRACT COSTS
Total Dollar Value of Contract: $15,000.00 Current Year Portion: $15,000.00
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 YesD NoD
Risk Management NoF
O.M.B./Purcht6eing 9�113 YesM Nod C% A4:�M-t�A- Jio� 0 "1 b 7 k�
juLLff
OMB Form Revised 9/11/95 MCP #3
AGREEMENT
This Agreement is made and entered into this 16th day of October, 2013, between the
BOARD 0F COUNTY COMMISSIONERS OFM{}NROE COUNTY, FLORIDA, hereinafter referred to as
"Board" or "County," and American Red Cross of Greater Miami and the Keys, hereinafter referred
to as "PROVIDER."
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:
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 disaster services and health, safety and community services for persons
living in Monroe County, Florida, shall pay to the PROVIDER the sum of FIFTEEN THOUSAND AND
ND/100 DOLLARS /$15,000.00\ for fiscal year 3013-3014.
2. TERM. This Agreement shall commence on October 1, 2013, and terminate September
30, 2014, 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'sfina| 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 PR[)VIDER. 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.
a&. 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 of this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
Contraur,4mencen Red Cmax-FY/4;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 tn statutory 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 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||nvv 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 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 rnnne; if qualified, include a statement of
deficiencies with corrective actions recommended/taken;
(e) Copy of a filed IRS Form 990 from most recent fiscal year with all attached schedules;
(f) C>rganizatinn's Corporate Bylaws, which must include the nrganizatinn's mission, board and
membership composition, and process for election of officers;
(g) Organizatinn's Policies and Procedures Manual which must include hiring policies for all
staff, drug and alcohol free workplace provisions, and equal ernp|nyrnant 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, o 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 C to residents of Monroe County, Florida.
Contract-American Red[romu-Fv/4;page 2
11. AOFTORNEY'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 mttorney'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 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 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 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 of appropriate local, state
and/or federal certification and/or |icensura of the PROVIDER'S program and staff.
18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no
discrimination against any person, and itis 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 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-American Red(}noa'fY/4;page 3
USC ss. 1681-1683, 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 of 1975, as amended (42
UBC ss. 6101-6107) which prohibits discrimination on the basis of age; 5\ The [}rug Abuse Office
and Treatment Act of 1972 (PL82-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 5\ The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of197O (PLg1-616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; 7\ l[he 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 US[ 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 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 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 inwriting
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-American Red C)nos'FY/4;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 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 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
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 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 mfactual 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 tnrely
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
Contract-American Red Cmxa-FY/4;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
11OO Simonton Street PO Box 1026
Key West, FL33O4O Key West, FL33U41
For PROVIDER
Hugh Quinn, Interim Chief Executive Officer
American Red Cross of Greater Miami and the Keys
3355VV 27 m 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 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,
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 nfthe same conditions or covenants or otherwise.
36. SEVERAK8ILITY. 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 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 F{}LL{}VV]
Contract-American Red omno+=Y/4;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) BOARD {}F COUNTY COMMISSIONERS
ATTEST: AMYHEAVILIN, CLERK {}FMONR{}E COUNTY, FLORIDA
B By
Deputy Clerk Mayor/Chairman
American Red Cross of Greater Miami
and the Keys
��'/7 /���/7 �~
(Federa| �DNo. �» ��w~ , '����`~ � )
Witness
By
7pess 4"f Executive officer
KdONROECOUNTY ArTORNEY
�����V��� ��� �[� �C��KA
ASSIST% COUNTY ATTORNEY
Date
Contract-American Red Cmso-pv/4;page r
ATTACHMENT A
EXPENSE REIMBURSEMENT REQUIREMENTS
This document is intended to provide basic guidelines bn 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.
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 nrganization.
Furthermore, these expenses are in compliance with this noganbatinn'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 tn the contracting agency. Third party payments will not be considered
for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the contract.
This document should not be considered all-inclusive. The Clerk's Finance Department reserves
the right to review reimbursement requests on an individual basis. Any questions regarding these
guidelines should be directed to 305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Intercnrnpanya||ncatinns 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 nrexpress deliveries, the vendor invoice must be included.
Rents' Leases, etc.
A copy ofthe rental nr lease agreement |s 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 nfcopies 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 Cmus-FY/*;page 8
TeUefax, 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 of the call.
Travel and Meal Expenses
Tn»vel expenses must be submitted on a State of Florida Voucher for Reimbursement ofTravel
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. 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 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 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 of Ordinances. 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 in the contract), entertainment expenses, fundraising, non-sufficient check charges,
penalties and fines.
Contract-American Red Cnma'FY/4;page 9
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
5OO Whitehead Street
Key West, FL33O4O
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.XX
104 Employee P/R ending O5/14/O1 XXX.XX
105 Employee P/Rending 05/28/01 )0(X=XX
(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'a 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 b
who ia personally known to me.
Notary Public Notary Stamp
Contract-American Red/rma'FY//;page /o
ATTACHMENT C
Services to be provided:
The American Red Cross Greater Miami & The Keys provides Disaster Preparedness and
Disaster Response, Health and Safety, Service to the Armed FO[CeS and |Dt8rO8tiOO@| Social
Services. The program goals are to provide emergency disaster response services to residents
Of KXoOn]e County. l[ra\O8d vO|uOt88rS and staff will respond to |on8| diS8SterS, phOOah|y fir8S,
and provide basic needs to residents including: emergency sheltering for an average of 3 days
of lodging in a hotel, grocery and clothing replacement. Additionally, mental health and
healthcare professionals will be available to affected clients. The American Red Cross' mission
is to prepare and respond in the face of emergencies by mobilizing the power of volunteers and
the generosity ofdonors.
The American Red Cross Greater Miami & The Keys Chapter serves the residents of Monroe
County in four major areas: (1) Emergency Services (including Disaster Preparedness and
Relief), (2) Services to the Armed FO[C8S. (3) |Ot8[Dat\oD8| Services and (4) Health and Safety
Services, Red Cross emergency services are provided around the clock, every day,
|n addition tO local Emergency Response Services to residential fires, floods and major diSaSt80.
the scope Of services supports all aspects of service delivery tOthe Keys to operate, staff and
support communications with urgent news of family illness, death and birth, as well as non-
emergency Co[0nOUDiCatiODS to and from |oC8| military families, training in water safety, and [|F»R
& Fi[st-Aid. (Health and Safety SerViceG\.
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 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."
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSEwarrants 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:
STATE OF 0 A
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 Ttf day of
, 2O11 .
LIZ,
NOTARYJPUBLIC
My commission expires:
ORSTINE
OMB - MCP FORM #4 m/v�«wm�x*m�m
July 15,2017
*m�jag^ BoWedmm Budget wotery Semmw
Contract-American Red Q000Fv4;page /3
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute287.O87 hereby certifies that:
d—mi-koic ts�j y r
(Name 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 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 pnOgnarnS, and the penalties that may be imposed upon employees for drug abuse
violations. .
]. 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 on the commodities orcontractual services that are under bid, 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 contendere to, any violation of Chapter 893 (Florida Statutes) orofany controlled substance
law 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 a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
A8 the person authorized to sign the statement, with the
above requirements.
STATE OF � u~��/ L11 -
�� '
(Sig*4�e of Respondent)
COUNTY OF
Date
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being avvonn by me, (name of
indiv0dua| signing) affixed his/her signature in the space provided above on this
�dT kf
day of , 201�. .
My COrnnnisBion expires:
NOTARY PUBLIC
MSMEMARWETXAYO
WYC0WMISS|0##FF0s972
EXPIRES:July 15,2017
__1*"Olol* Son*Thru So*Notary Services
Contract-American Red[rosa'FY/4;page /4
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Helpline of the Florida Effective Date: 10/01/13
K g��I n c�
Expiration Date: 09/30/14
Contract Purpose/Description: provides funding for communication, education and referrals
for suicide and crisis intervention, elderly support and other services for persons in Monroe
Cgqaty.
Contract Manager: Laura del-oach-Hartle 4482 OMB/Grants
(Name) (Ext.) (Department)
for BOCC meeting on 1DL16L13 Agenda Deadline: 1Q&1L13
CONTRACT COSTS
Total Dollar Value of Contract: $10,000.00 Current Year Portion: $10.000.00
Budgeted? YesE No F Account Codes: 001-03200-530340-
Grant: $.Q.00
County Match: $_
ADDITIONAL COSTS
Estimated Ongoing Costs: $____Iyr. For:
(Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries,
etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director YesF NorL-'-'
J
Risk Management "I YesF NoED/ V 41
O.M.B./Purchasing 15 YesF NOEY
County Attorney 1443 YesF Nol�] 04--� 1—�)
Comments:
OMB Form Revised 9/11/95 MCP #2
AGREEMENT
This Agreement is made and entered into this 16th day of October, 3013, between the
BOARD DF COUNTY COMMISSIONERS DFMONROE COUNTY, FLORIDA, hereinafter referred tnas
"Board" or"County," and He|pUne of the Florida Keys, 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:
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 crisis intervention, information and referral services 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 2013-2014.
2. TERM. This Agreement shall commence on October 1, 2013, and terminate September
]O, 2014, 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 a 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||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.
Conosut-*olplineu/the Florida Kms'FY/4;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 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 nfDetermination and GUIDEBTAR 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 recnnnnnended/taken;
(e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules;
(O Drganizatinn's Corporate Bylaws, which must include the organizatinn's mission, board and
membership composition, and process for election of officers;
(g) (]rgan|zatinn'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 3O 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 C to residents of Monroe County, Florida.
11L, ATTORNEY"S FEES AND COSTS. The County and PROVIDER agree that }n 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
Cmtract-Help0neof the Florida Keys'FY/4;page 2
reasonable attorney\a 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. r0OSOLICITATION/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 to terminate this contract immediately upon delivery of
written notice nftermination 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 itis expressly understood that upon adeterrninatinn 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 s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42
Cun*aot-*elplineof the Florida xem-FY/4;page 3
US[ es. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office
and Treatment Act of 1972 (PL92-2G5), 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-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 nondiscrirninaUnn 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 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, tn 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 bo 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 tn the total agreed upon
reimbursement amount for the services nfthe PROVIDER.
2*4. 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.
conoact-Helplineof the Florida Kcys-Fv/4;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-ttelpline of the Florida Keys-FY14;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 Monroe County Attorney
11DO Simonton Street PO Box 1026
Key West, FL33U4O Key West, FL33O41
For PROVIDER
Kristen Wheeler, Executive Director
He|p|ine of the Florida Keys, Inc.
P.O. BmxZ186
Key West, FL 33040
305-292-8445
305-292-8447FAX
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
bsrrns 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 nf 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 uf this Agreement shall be valid and shall be enforceable tothe
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 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 TOFOLLOW]
Conmsct-*eipunenf the Florida Keym-FY,4;page 8
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairman
Helpline of the Florida Keys, Inc.
(Federal ID No.
Witness
c' )16BY —WJZ"
Witness Executive Director
9LOZ/96/9$ej1cb(3
69r1,01,33*WUJOa MONROE COUNTY ATTORNEY
VOINO't:i:1Q31VIS, APPROVED AS TO FORM:
N'XUN,I,pI WJ`� Afi."0 li.a— AI?/ t—Y
//,,//� r CHRISTINE M. LIMBERT-BARROWS
1 Da eSSISTA(�T i Y ATTORNEY
y2a'c
Contract-Helpline of the Florida Keys-FY14;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 botravel, are from the
Monroe County Code of Ordinances and State laws and regulations.
A cover letter (see Attachment B) summarizing the major line items onthe 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 nrganization'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 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 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 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.
(onoout-/elplineof the Florida Keyu-FY/4;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
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 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 tothe 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.
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. Rnnrn 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 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 expenses (unless specifically
included in the contract), entertainment expenses, fundraising, non-sufficient check charges,
penalties and fines.
Contract-Help6neof the Florida Koyo'FY/4;page 9
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Munroe County Board of County Commissioners
Finance Department
500VVhitehead Street
Key West, FL33O4O
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.XX
104 Employee P/Rending 05/14/01 XXX.XX
105 Employee B P/Rending 05/28/01 )(X)(.XX
(A) Total $~X1XM,XX
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (Af B) $ X,XXX.XX
([)) Total contract amount $ X,XXX.XX
Balance of contract ([}-C) $ X,X) X,XX
Icertifv 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 20 by—
who is personally known to me.
Notary Public Notary Stamp
Conoaot-Help0noo/the Florida Keym'FY/4;page /0
Helpline of the Florida Keys, Inc.,
1623 Spalding Court, #4
Key West, FL 33040
RE: HSAB Contract 2013-2014
ATFACHMENT C: AGENCY SERVICES
I, Daily Telephone Reassurance Calls to the Elderly and Homebound
2. Suicide Prevention Answering Services
3. Substance Abuse Prevention Answering Services for AA,Al-Anon
4w information and Referral Telephone Services
5. 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 or services toa 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
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 ]G
months from the date of being placed on the convicted vendor list."
[onmmct-HelpWenf the Florida Keysf=v/*:page /2
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.
Ail&
(signature)
Date:—
STATE OF F1C�ri �
COUNTY OF ,V 1CWQ�
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
�(t`JA who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this 2� day of
20
ZZ,
-NOTARY PU IC
My commission expires: K4WA, oel N
NOTARY PUBLIC
COMM#EE101459
STATE OF FLORIDA
$Expires
OMB - MCP FORM #4 6/18/2015
Contract-Helpline of the Florida Keys-FY14;page 13
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that:
tnc -
(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 � CIG
�n v (Signature of Respondent)
COUNTY OF
Date
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
1�1'1ir,cA cr who, after first being sworn by me, (name of
individual signing) affixed his/her signature in the space provided above on this
day of 2013
My commission expires: Kv"A°P"w*'"
NOTARY PUBLIC
(STATE OF FLORIDA
OTARY PUBLIC , 'Comm#EE101459
Expires 6/18/2015
Contract-Helpline of the Florida Keys-FY14;page 14
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Womankind, Inc. Effective Date: 10/01/13
Expiration Date: 9Z30/14
Contract Purpose/Description: provides health care services to the women of Monroe
County.
Contract Manager: Laura deLoach-Hartle 4482 OMB/Grants
(Name) (Ext.) (Department)
[for BOCC meeting on 1=0j16L13
Agenda Deadline. 1OZO1113
CONTRACT COSTS
Total Dollar Value of Contract: $-93 600.00 Current Year Portion: $93,600.00
Budgeted? Yes[] No D Account Codes: 001- 03215 -530340-_-_
Grant: $Q.00
County Match: $_
ADDITIONAL COSTS
Estimated Ongoing Costs: For:
(Not included in dollar value above) (eg. —maintenance, utilities, janitorial, salaries,
etc.
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director YesE� NoM
Risk Management YesM Noo
O.M.B�/Purcwsing *501&esF-1 NoF—O
County Attorney Aw Yesf-1 NoRi v4- 13
Comments:_
L—
OMB Form Revised 9/11/95 MCP #2
AGREEMENT
This Agreement is made and entered into this 16th day of October, 2013, between the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA, hereinafter referred to as
"Board" or"County," and Womankind, Inc., hereinafter referred to as "PROVIDER."
WHEREAS, the PROVIDER is a not-for-profit corporation established for the provision of
vvornen's health care, and
WHEREAS, it is legitimate public purpose to provide facilities and services for health care
for women living 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 health care for women living in Monroe County, Florida, shall pay to the
PROVIDER the sum of NINETY-THREE THOUSAND AND SIX HUNDRED AND NU/100 DOLLARS
($93,6OO.00) for fiscal year 2O1]-2O14.
2. TERM. This Agreement shall commence on October 1, 2013, and terminate September
30, 2014, 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.
^&. 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-Nomankind'FY/4;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 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||ovv 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 (itennsA-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 0rganization'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;
(M Organization's Corporate Bylaws, which must include the organization's mission, board and
membership composition, and process for election of officers;
(g) C)rganizetion'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 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 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 be entitled to
reasonable atiorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include attorney'sfeey, 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 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 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 of appropriate local, state
and/or federal certification and/or |icensure of the PROVIDER'S program and staff.
18. N ON-DISCKKIM INAlFIODN. 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\
Title VI of the Civil Rights Act of 1964 (PL 88-]52) 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 8s. 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 s, 794), which prohibits
discrimination on the basis of handicaps; 4\ The Age Discrimination Act of 1975, as amended (42
Qonbnct-Womankind-FY/4;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; G) The Comprehensive Alcohol Abuse and A|cnhn\iarn 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 Of191Z, as. 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 a. 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 aaah 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 nfthe 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-WbmanNnd-FY/4;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-FY14;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:
Grants Administrator and Monroe County Attorney
11OO Simonton Street P{} Box 1O26
Key West, FL 33040 Key West, FL33O41
For PROVIDER
Kim Romano, Executive Director
Womankind, Inc.
15l1 Truman Avenue
Key West, FL 33040
305-294-4004
305-294-6043F4X
34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This
Agreement shall be governed by and construed in accordance with the |avvS 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 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 ofthe original
intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace
any stricken provision with a valid provision that cnnnaa 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-Wom`onWnd-FY/4;page 8
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairman
Womankind, Inc.
(Federal ID No. k M 3>2 P S
Witness
By C)
Witness A' Ex�cR'utiive Dire or
MONROE COUNTY ArrORNEY
APPROVED AS TO FORM:
4 C T BARROWS HRISTI�NE W MkAE-
AORNEY
ASSIST TCOUNTY ',"TT U"'
Dat
Contract-Womankind-FY14;page 7
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 tntravel, 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 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 tn 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 to3U5-292-]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
n 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.
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 Vr services ordered, d vendor invoice is required.
Contract-WommnNnd-FY/4;page 8
Tellefam, 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 hon.
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 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. Atnave| itinerary is appreciated tn 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
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 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 a||nvvab|e 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-x&xmanWnd-FY/4;page 9
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500VVhitehead Street
Key West, FL ]3O4O
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.%X
102 Company Utilities X%X.XX
104 Employee P/R ending O5/14/O1 XXX.XX
105 Employee P/R ending O5/28/O1 X}0(.XX
(A) l[nta| !b~X.XXX,XX
(B) Total prior payments $ X,XXX.XX
([) Tota\ requested and paid (Af B) $ X,XX%.%X
/D\ Tnta| contract amount $ X,XXX.XX
Balance of contract (D-C) $~XzXXXM
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 nrganization'a 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-Womankind-FY/4;page 1O
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.)
Contract-Womankind-FY14;page 14
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 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."
C000act-NomanNhd-FY/4;page /2
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.
�Zf*7m Z�4m
(sign ure) G�
Date: `
STATE OF
COUNTY OF t Y,�Y1 V-0
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
4'<\rn RIDM WAO who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this day of
C, 20_13 .
CL�� --R 0
NO RY PU LIC
My commission expires: � �`2 3 f {�-
CAROLYN ROBERTS
NOTARY PUBLIC
OMB - MCP FORM #4 STATE OF FLORIDA
'Cpm*FF04532 i
Expires&2=17
Contract-Womankind-FY1 4;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 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 t `oV-1 & a 1<�& ('�qn
n (Signs re o Respondent)
COUNTY OF 1�tL oy\ro t
Date
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
K1 yr, uyy- an o who, after first being sworn by me, (name of
individual signing) affixed his/her signature in the space provided above on this
day of ��� E� , 2013.
My commission expires: '2 3 ' 13
NOTARY PUBLIC
CAROLYN ROBERTS
NOTARY PMUC
STATE OF FLORIDA
COMW FF04&V5
Contract-Womankind-FY 14;page 14
&23=17
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: A.H. of Monroe County, Effective Date: 10/01/13
Inc. Expiration Date: 9/30/14
Contract Purpose/Description: Provide services to AIDS patients in Monroe County.
Contract Manager: Laura del-oach-Hartle 4482 OMB/Grants
(Name) (Ext.) (Department)
for BOCC meeting on 10116/2013 Agenda Deadline: 10L0IL2013
CONTRACT COSTS
Total Dollar Value of Contract: $30,000.00 Current Year Portion: $30,000.00
Budgeted? Yes® No Fj Account Codes: 001- 03225 -530340-
Grant: $0.00
County Match: $_
ADDITIONAL COSTS
Estimated Ongoing Costs: $ yr For:
(Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries,
etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewgr
Division Director Yesn Non
Risk Management Yesn Noq/
571
O.M.B./Purchasing Yesn No
County Attorney Yesn No t-g J VLQP YU 4 I'L
Comments:
OMB Form Revised 9/11/95 MCP #2
AGREEMENT
This Agreement is made and entered into this 16th day of October, 2013, between the
BOARD OF COUNTY COMMISSIONERS OF M{}NRJE 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 to 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:
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 supportive services to HIV-infected residents of Monroe County, Florida,
shall pay to the PROVIDER the aunn of THIRTY THOUSAND AND NC/100 DOLLARS ($30,800.00)
for fiscal year 2013-2014.
2. TERM. This Agreement shall commence on October 1, 2013, and terminate September
30, 2014, unless earlier terminated pursuant to other provisions herein.
3. K*A1yKENl[. 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 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'a 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 of this agreement.
'&. 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.
5. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall
he, 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 Velp'FY/4;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 timely access to such records ofeach 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 sutdec� �o the prov\aionsofChapter 119, Florida Statutes, and made or received by the
- i with this Agreement; d the County shall have the right to
County and PROVI[}ERinconjunctonvv s greennen � an e
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 (itennsA-I must be provided prior to the payment ofany 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
- 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 Form99O 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) C]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);
(i\ Annual Perhorrna /ce 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,
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.
11. A0TORNEY'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 costa, 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 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 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance 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 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 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 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 itis 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 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; Z) 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 a. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42
Conhact-A/D8Kelp-FY/4;page 3
USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Officeand Treatment Act 'f 1972 (PL 92-255), 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 uralcoholism; 7) The Public Health Service Act of 1912, 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 VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended,
re|ating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USCa, 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
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 by this 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 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-AIDS Help'FY/4;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-AIDS Help-FY14;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:
-------- d Monroe Grants Administrator an
1100 Simonton Street PO Box 1026
Key West, FL33O4O Key West, FL33O41
For PRD�LIDER
BcottPr|dgen, Executive Director
A.H. of Monroe County, Inc.
1434 Kennedy Drive
Key West, FL 33040
305-296-6196
305-296-6337FAX
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 tothe 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 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 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 F{}LL{}VV]
Contract-AIDS Help'FY/4;page g
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
BY__ By
Deputy Clerk Mayor/Chairman
A.H. of Monroe County, Inc.
(Federal ID No. j�
Witness
,
- - y -
Wi "" Executive Director
i ONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
- C:���SMN�EM. & BE T-BA FRC9'w�?B
ASSIST ,T COUNTY ATTORNEY
Contract-AIDS Help-FY14;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.
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 Organizadon.
Furthermore, these expenses are in compliance with this organizaUon'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 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 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 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 0r services ordered, a vendor invoice is required.
Contract-AIDS Help-FY/4;page 8
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 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. If attending a conference or meeting, a copy of
the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of
the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental
reimbursement requires the vendor invoice. Fuel purchases should be documented with paid
receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a
taxi from one's residence to the airport for a business trip is not reimbursable. Parking is
considered a reimbursable travel expense at the destination. Airport parking during a business
trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room
must be registered and paid for by traveler. The County will only reimburse the actual room and
related bed 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 be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM,
MEALS, AND MILEAGE POLICY of the Monroe County Code ofOrdinances. Meal guidelines state
that travel must begin prior to 5 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.
Conhao64/DSHelp-FY/4;page 9
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
5OO Whitehead Street
Key West, FL ]3O4O
Date
The foi|ovv|Dg 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 O5/14/O1 XXX.X%
105 Employee B P/Rending 05/28/01 -l(XX.XX�
(A) Total X1XXXM
(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 certifvthat 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 -e� ense� �reinconnp|ian(evviththisorganizatinn'scontractvviththeMonroeCountyBoard
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 20by
who is personally known tome.
Notary Public Notary Stamp
Contract-AIDS H*lp'FY/v;page /0
ATTACHMENT
AIDS Help (to be referred forward as AH), is a non-profit community—based organization which
provides case-managed health care, housing programs, 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 Monroe County, FL.
Life Skills Coaching and Mental Health Therapy:
Life Skills Programs include programs ranging from financial planning classes,job employment
programs, health education programs, literacy programs, volunteer opportunities and
substance abuse counseling to all AH clients as well as non clients living in AH housing facilities.
The program is designed to help maintain permanent housing and avoiding behavior that may
lead tO isolation or substance abuse. Life Sills and Outreach programs for chronically homeless
and recently incarcerated help participants to maintain health care adherence in compliance
with AH housing guidelines. The program is also to help residents with referrals to Veterans
programs, Medicaid and Medicare and obtaining application for Social Security (S5|/SSD).
Life Skills and Supportive Case management for individuals struggling with substance abuse,
mental health or a dual diagnosis including chronic homelessness participate in a high risk
assessment to identify potential barriers with a qualified psychologist or psychiatrist.
Life Skills Programs are supportive programs with all participants in order to encourage
engagement versus en3b|ernent.
PQBLIC 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 or services tn a public
entity, may not submit a bid on a contract with a public entity for the construction or repair ofa
public building Vr 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."
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MDNROE COUNTY, FLORIDA
ET IC E
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 ofany fee, commission, percentage, gift, or
consideration paid to the former County officer oremployee.
Date:-
STATE (}F �
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
r�
�S who, after first being sworn by me, affixed his/her
signature (name ofindividual signing) in the space provided above on this day of
, 2O_��_.
ez
NOTARY PUBLIC
My commission expires:
OMB - MCP FORM #4
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance i hFlorida Statute 287.087 h bv certifies that:
Zn 4e
(Name of Busine s
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
violations.
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 orcontractual 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
nolV contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance
|mvv 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 usanction on, nr require the satisfactory participation in 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 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
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
� /�
day of , 2U_a��.
�
My COn8nniSSiOn expires:
Contract-AIDS 8*lp-FY/4;page /4
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Wesley House Family Effective Date: '10/01/13
Services, Inc, Expiration Date: 9/30/14
Contract Purpose/Description: provides funding for child care-related services and family-
related services for children of Monroe County
Contract Manager: Laura del-oach-Hartle 4482 OMB/Grants
(Name) (Ext.) (Department)
[for BOCC meeting on 1DL16L13 Agenda Deadline: 10/01/13
CONTRACT COSTS
Total Dollar Value of Contract: $157,000.00 Current Year Portion: $157,000.00
Budgeted? YesH N o F-1 Account Codes: 001-03236-530340-
Grant: $0.00
County Match:
ADDITIONAL COSTS
Estimated Ongoing Costs: Fo r:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries,
etc
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director YesEJ NoF�
YesF-1 No
Risk Management
O.M.B./Purchasing aj3§11'S YesFj No[�J/ q L-3
County Attorn 0�-
ey YesFj No�j 01 Vil'-4i�hIll- &IrwiA,�
Comments:-
OMB Form Revised 9/11/95 MCP #2
AGREEMENT
This Agreement is made and entered into this 16th day of October, 2013, between the
BOAR[) OF COUNTY COMMISSIONERS OF MDNROE COUNTY, FLORIDA, hereinafter referred to as
^Board" or "County," and Wesley House Family Services, Inc., hereinafter referred to as
'PROVIDER."
WHEREAS, the PROVIDER is a 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 hm||ovvs:
FUNDING
1. AMOV00@l[ 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 FIFTY-SEVEN THOUSAND AND NO/100 DOLLARS
($157,000.00) for fiscal year 2013-2014.
2. TERM. This Agreement shall commence on October 1, 2013, and terminate September
30, 2014, 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 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 organizatiun'sMna| 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||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.
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 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 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 (itenlsA-I must be provided prior to the payment of any invoices):
(a) IRS Letter of Determination and {5UIOESTAR printout indicating current 501(c)(3) status;
(b) List of the Orgnnization'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;
(D (]rgan}zaUon's Corporate Bylaws, which must include the organization's mission, board and
membership composition, and process for election of officers;
(g) {}rgonization'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;
(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 C to residents of Monroe County, Florida.
Contract-Wesley Vouae-FY14k page 2
11. ATTORNEY'SFEES 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 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 ofcertain information.
14. NO SOLICITATION/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.
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 |icansure 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 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 sax; 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
UBC ss. 6101-5107) which prohibits discrimination on the basis of age; S) The Drug Abuse Office
and Treatment Act of 1972 (PL92-2SS), 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
s5. 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 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 inany 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 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.
25~ ATTESTATIONS. PROVIDER agrees to 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 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 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 B1y0@ON-UoARTIES. Nn person or entity shall be entitled 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.
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-Wesley Hovao'FY,4;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
1100Sinnonton Street PO Box 1026
Key West, FL33O4O Key West, FL33O41
For PROVIDER
Doug Blomberg, Chief Executive Officer
Wesley House Family Services, Inc.
13O4 Truman Avenue
Key West, FL 33040
305-809-5000
305-809-5010FAX
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 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 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 |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 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 FOLU]VV]
Contract-Wesley Voun*-FY/4;page 0
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
By . By
Deputy Clerk Mayor/Chairman
Wesley House Family Services, Inc.
41
` r (Federal ID No.
Witness
tj
y By — --
Witness ie Executiv fficer
V
i ONR E COUNTY ATTORNEY
FiiVE� A; TO FOi :
CI4 t@ aT1 E @�4' L# Ba F AF otG VW
SIFT Tf.-tRANTYATT RNEY
Date
Contract-Wesley House-FY14;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
Munroe 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 os 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 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 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 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-Wesley hhuov-FY/4;page 8
TeKefax, 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 of the call.
Travel and Meal Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement ofTravel
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
naceipts. 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 ofOrdinances. 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 ofOrdinances. Meal guidelines state
that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 3
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-Wesley Houae'FY/4;page 9
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500VVhitehead Street
Key West, FL3304O
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.XX
104 Employee P/R ending 0S/14/01 XXX.XX
105 Employee P/R ending 05/28/01 X)0(.XX
(A) Tota|
(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 of contract (D-C)
I certify that the above checks have been submitted to the vendors as noted and that the
expenses one accurate and in agreement with the records of this organization. Furthermore,
these expenses are in compliance with this organiration'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__ b
who |s personally known tome.
Notary Public Notary Stamp
ATTACHMENT C
FY14
Wesley House Family Services:
Services tobeprovided:
(Insert a description of your organization including nlist of the services that will be provided by your
organization under this oonbooi)
Services Provided by Wesley House Family Services:
Wesley House Family Services(WHFS) is a nationally accredited not-for-profit organization, working with
children and families throughout Monroe County providing multiple services. These services are broken
into groupswith several specific programs within each.
Services provided are:
Community Based C
Full Case Management
Foster Care Services(recruitment and retention)
PRIDE -Treiningof Foster and Adoptive Parents
Public Adoption Services
Independent living Transition Services
Supervised Visitation
Transportation services
Strengthening Families
Intensive Family Preservation Services
Enhanced |nHome
Intensive Family Reunification Services
Nurturing Parenting Program
Healthy Families Monroe
Inez Martin Child Development Center
Services provided under this contract include:
Full Case Managemen
WHFS Foster and Adoption Services: Wesley House will use funding for staff costs ho support Foster and
Adoption recruitment and retention representing approximately}6 FTE salary and benefits. This type of
financial support to our local foster parents will help with retention and recruitment of foster homes in our
community and will assist in draw down of Promoting Safe and Stable Families match funding.
Support:Medical and Dental Wesley House is requiring funding for dental, oral surgery, orthodontic and
emergency medical services to children and or family members in the dependency care system. Such
funds will help provide these services in prompt and nurturing manner in a close-to-home environment
for children who have already been through traumatic circumstances. Payment of necessary dental, oral
surg|ca|, orthodonho, emergency medical expenses and prescription drugs ia currently taken from funds
for basic shelter and quality of life opportunities for children in the dependency care system. While most
uf these children are Medicaid e|igib|e, these funds pay for emergency services and additional services
that either are not Medicaid funded or Medicaid provider is not immediately available in the child's local
area thus immediate treatment may require travel hoMiami.
en en n Fa ie n e e e H e se funding for staff costs to support Strengthening
r
~� ~"".=°.".` . . .� :u/u/x u/m "�//�/xvn� �anmy ,�ounaemrwmrxod/recUyw|th famiUeovvithin
will
ommuni\y� 8en/ioeo|nc|udein-home. ahor�benn'femi|ypremervationoemioeaonevo|untarybemis
port for
|||*awhu �ohidrenareorcoudbee�riakofremova| duehoabuoe ne | t b d tm�mmmunih/-baaedaerviceaeretopronno�e hily and '—�--~ ~ ~^~~~�~'~'' �
` " ""=� " xyu/ c/"m/eouou /a/mxeswmo
WHFS Nurturing Parenting Program: Funding is support of staffing for the program which Representing
approximately50%ofanF[E for the Program Trainer. Funding under the HSAB contract includes salary
and/or payroll taxes and benefits.
Weslev House Healthy Families-Monroe: Match funding for staff costs to provide in-home child abuse
prevention services. This represents employee benefits for the Healthy Families staff not including
payroll taxes for the Healthy Families Staff including but not limited to Program Supervisor and three
Family Support Workers. Funding under the HSAB contract includes benefits.
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 of being placed on the convicted vendor list."
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MDNRDECDU0TY FLORIDA
ETHICS CLAUSE
warrants that he/ithas not employed, retained or
otherwise Dab act on his/its keha|fany 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 oremployee,
[}ate: « xm^4r
STATE 0F
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
�
2O ��
'
My Connrn|£sign expires: )��k �i \ \ ��
OMB - MCP FORM #4
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that:
(Name of Business) "J If
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
violations,
]. 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|V cVntendene 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, or require the satisfactory participation in n drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is
so convicted,
O. 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 that this firm complies fully with the
above requirements.
STATE DF JA '
COUNTY OF
Date
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of
/nuwmua/ signing) affixed his/her signature in the space provided above on this
day of , 30 [�°
My commission expires:
\ [
NOTARY PUBLIC
my,Comm,
Oc
No.EE842,-1111,
Contract-Wesley House-FY14;page 14 OF
FV
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AGREEMENT
This Agreement is made and entered into this 16th day of October, 2013, between the
BOARD OF COUNTY COMMISSIONERS OF MC>NROE COUNTY, FLORIDA, hereinafter referred to as
"Board" or "County," and Rural Health Network of Monroe County, Florida, Inc., hereinafter
referred toas "PRC>VIDER."
WHEREAS, the PROVIDER is o 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 core services to the citizens of 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 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 N[)/100
DOLLARS ($300,000.00) for fiscal year 2013-3014.
2. TERM. This Agreement shall commence on October 1, 2013, and terminate September
30, 2014, 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 Coda
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 a 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 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.
uV. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a
level sufficient to o||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.
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 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 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 (ibennsA-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 Drganization'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) [)rgenization'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);
(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;
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.
Contract-Rural Health Netwodk-FY/4;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 attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include at±orney'afees, 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 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, 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 hu|| 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 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 itis expressly 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 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-Rural Health Ne/xmrk-FY/4;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 a. 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 nf 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 or alcoholism; 7) The Public Health Service Act of 1912, sa. 523 and 527 (42 USC
ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records; 8> TiMeVIII 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 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
Agneenuent. 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 o}[nrnercia| liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
Contract-Rural Health mewmr+FY/4;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 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 |avva, 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 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 B1yNON-PARl[IES. No person or entity shall be entitled 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 on original, all of which token together shall
Contract-Rural Health Natwod,FY,4;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 as follows:
For Board:
Grants Administrator and Monroe County Attorney
11OO Simonton Street PO Box 1026
Key West, FL3304Q Key West, FL33U41
For PROVIDER
Daniel Smith, Chief Executive Officer
Rural Health Network of Monroe County, Florida, Inc.
27225 Overseas Highway
P.O. Box50037U
Marathon, FL33U5U
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
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 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]
Contract-Rural Health Networ+FY/4;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 OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairman
Rural Health Network of Monroe
County, Florida, Inc.
rLY"Lo ,.
" r (Federal ID No. )
it e s
f
tsaj-
By u
Witness Chief Executive Officer"'--—)
ONHOE COUNTY ATTORNEY
APPROVED AS TO FORM:
CHRI STINE M. LI BERT-BARROW S
ASSIST 1 COUNTY ATTORNEYDate �
Contract-Rural Health Network-FY14;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 8) summarizing the major line items on the reimbursable expense
request needs bzalso 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'a 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 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 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 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 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-Rural Health Ne*vn»+FY/4;page 8
TeDefax, 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 of the call.
Travel and Meal Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement ofTravel
Expenses. Travel reimbursement requests must besubmitted and will be paid in accordance with
Monroe County Code of Ordinances and State |avva 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 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, TAAVEL, 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 of departure. For example, driving from one's home to the airport
fora business trip is not reimbursable expense.
Meal reimbursement shall beat 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
p.m. for lunch reimbursement, and before 6 p.m. and and 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-Rural Health N*twork-FY/4;page 9
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
5UD Whitehead Street
Key West, FL33O48
Date
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/R ending O5/14/U1 XXX.XX
105 Employee P/R ending O5/28/O1 X}0X.XX
(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 of contract (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,
those 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 20 by
who is personally known to me.
Notary Public Notary Stamp
Contract-Rural Health Nexwon+FYw;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.)
Contract-Rural Health Network-FY14;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 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, 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 of being placed on the convicted vendor list."
Contract-Rural Health Netmwrk-FY/4;page /2
SWORN STATEMENT UNDER ORDINANCE NO. 1O-1g9O
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 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 [u|| amount of any fee, commission, percentage, gift, or consideration paid to the
former County officer oremployee.
[}at8�
STATE OF Florida
COUNTY DFMonroe
PERSONALLY APPEARED
J/ &"e7,7 who, after first being sworn by me, affixed his/her
signature (name of incliviclual��gning) in the space provided above on this day of
My commission expires: No Ic
OMB - MCP FORM #4 Notary Publfc -State of Florida
Contract-Rural Health Network-FYI 4;page 13
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Rural Health Network of Monroe County, Florida, 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
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 condition of
working on the commodities nrcontractual 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) or of any controlled substance
law of the United States or any state, fora violation occurring in the workplace no later than five
(5) days after such conviction.
5. Imposes sanction on, or require the satisfactory participation in 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 that this firm comp)ies fully withthe
above requirements.
STATE OF Florida
(Signature ofRespondent)
COUNTY O� Monroe � )1,3 Date
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
' being 3vvnrn by me, (name of
/no/v/ouo| signing) affixed h /k nature in the space provided above onthis
� day of 20��
[�y [ODlrniS5iOn 8Xpir�5� ��
��
�
NOTARY PUBLIC /
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Hospice of Florida Effective Date: 10/01/13
Keys, Inc. Expiration Date:9/30/14
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: Laura deLoach-Hartle 4482 OMB/Grants
(Name) (Ext.) (Department)
for BOCC meeting on 1DJ16L13 Agenda Deadline: IDID1 13
CONTRACT COSTS
Total Dollar Value of Contract: $141,000.00 Current Year Portion: $141,000.00
Budgeted? YesE No 0 Account Codes: 001-03202-530340-
Grant: $0.00
County Match: $_
ADDITIONAL COSTS
Estimated Ongoing Costs: $ ...Jyr For: -
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries,
etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director YesEl NoO
YesF� r
Risk Management qoEl""
O.M.B./Purch&ing Yes[:] Nod
County Attorney YesEl NoRl
4 L�L�L'u
Comments:
OMB Form Revised 9/11/95 MCP #2
AGREEMENT
This Agreement is made and entered into this 16th day of October, 2013 between the
BOARD OF COUNTY COMMISSIONERS OF �4DNRDE COUNTY, FLORIDA, hereinafter referredto as
"8oand° or "County," and Hospice ofF|ohda Keys, Inc., hereinafter referred
, ^` toay "PROVD}ER."
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 nnutual promises and covenants contained herein, it is agreed
as follows:
FUNDING
l.tiAUMK�V�00l[ 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 home health and hospice care for disadvantaged and medically-needy persons living
/n Monroe County, Florida, shall pay to the PROVIDER the sum of ONE HUNDRED -ONE FORTY
THOUSAND AND NO/1OO DOLLARS ($141,O0D.O0) for �yca| year 2013-2O14. '
2. TERM. This Agreement shall commence on October 1, 2013 and �errninat8Septernbe
30, 2014, unless earlier terminated pursuant to other provisions herein' r
3. PAY
MENT. Payment will be made periodically, but no more frequently than nnonth|y, as
herein
after er set forth. Reimbursement requests will be submitted to the Board via the Clerk'
Finance Office. The County shall only reimburse, subject to the funded amounts below, th �s
reimbursable expenses which are reviewed and approved as complying with Monroe County Code
o��
of Ordinances, State laws and regulations andAttachment A - Expense Reimbursement
Requirements. Evidence of payment by the PROVIDER shall be in the formof � usce�sumnar|z|ng the expenses, with supporting documentation attached The letter should contain anmtarized certification statement. An example of reimbursement request cover letter is |ndudedas Attachment B. The organization's final invoice must be received within thirty days after theternination date of this contract shown inArticle 2above.
After the Clerk of the Board examines and approves the request for reimbursement, th
Board shall reimburse the PROVIDER. However, the total of Said reimbursement expense
payments in the aggregate yurn shall not exceed the total amount shown in Article 1 �
during the terrnof this agreerneni. ' aoV«�'
4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be �
continued t a
level suffic|enttoa||ovv for continued reirnbursernentof expenditures for services specified
e nerei
this agreement may be terminated immediately at the option »r
on of the Board by written n n'
termination delivered to the PROVIDER. The Board shall not be obligated to pay for any
or goods provided by the PROVIDER after the PROVIDER has received written ��r«|�esaftertermination, unless otherwise required by law.
r �O n»�|�� »f
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 t
purpose of this Agreement; provided that all applications, requests grant proposals, and d|ne
solicitations shall be approved by each party prior to submission. ' ' 'u�/ ng
funds 6,provided
OF PROPERTY. All property, whether real or personal purchased withprovded under this agreement, shall become the property of Monroe County and shall be
accounted for pursuant to statutory requirements.
Contract-Hospice WKA'Fy/4;paQe /
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 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, 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-[ must be provided prior to the payment of any invoices):
/a\ IRS Letter ofDetermination and GUIOESTARprintout 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) U,ganizahon^y 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;
(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.
11. ATT0/0iNEY'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'y 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 he 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 of certain information.
14. NO SOLI(CITA0'ION/&*A8yN0ENl[. 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 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 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 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-]53) 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 gs. 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
Contract-Hospice VNA-FY/4;page 3
US[ ss. 6101-5107) which prohibits discrimination on the basis ufage; 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 (PL91-516), as amended, relating to nondiscrimination on the basis of
alcohol abuse oralcoholism; 7) The Public Health Service Act of 1912, yy. 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 y. 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
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 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-Hospice VxA'FY/4;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-Hospice VNA-FY14;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 Monroe County Attorney
1100Sirnonton Street PO Box 1026
Key West, FL33O40 Key West, FL33041
For PROVIDER
Jody Gross, Chief Executive Director
Hospice of the Florida Keys, Inc.
131g William St.
Key West, FL 33040
305-294-8812
305-294-9348FAX
34. GOVERNING LAW' VENUE' INTERPRETATION, COSTS, AND FEES. This
Agreement shall be governed by and construed in accordance with the |avvy 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 continuing waiver and
yhm|| 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 |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 FDLLDVV]
Contract-Hospice VNA'fY/4;page R
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairman
Hospice of Florida Keys, Inc.
(Federal ID No.1,5 4 r N )
Witness
fr By vw'l
ass , Chi ` xecutive Officer
I ON OE: COUNTY ATTORNEY
APPROVED AS TO FORM:
A:5ESTM NT COUNTY Y ATTORNs
Htoa�o
Contract-Hospice VNA-FY14;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 |avvy and regulations.
Acover letter (see Attachment B) summarizing the major line items on the reimbursable expense
request needs tu 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 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
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 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 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, 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-Hospice N\A-FY/4;page B
TeUefax, Fax, etc.
Afox 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. Tnsvm| 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 reirnbursernent. 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 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 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-Hospice YxA-FY/4;pa0m 9
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
5OO Whitehead Street
Key West, FL33O40
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.XX
104 Employee P/Rending 05/14/01 XXX.XX
105 Employee P/R ending U5/28/O1 )0(X.XX
(A) Total
(B) Total prior payments ¢ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX
([}) Tuta| contract amount $ X,XXX.XX
Balance of contract (D-C)
I certify that the above checks have been submitted to the vendors os noted and that the
expenses are accurate and in agreement with the records of this organization. Furthermore,
these expenses are in compliance with this urgunizotion'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 |m personally known to me.
Notary Public Notary Stamp
Attachment C
This organization provides a comprehensive range of home health and hospice services
including: skilled/intermittent nursing care, wound care, palliative care, physical
therapy/occupational therapy, dietary consultation, case management, routine home care,
continuous home care, inpatient general hospice care, inpatient respite hospice care,
bereavement services, physician consultation & management in hospice and palliative
care programs, social work/counseling services, personal care, homemaker and
companion services, volunteer services, medical response system rentals, community
based programs such as influenza vaccination, health education and monitoring.
Services to be funded by this award are those home health and hospice services provided
to medically needy patients requiring professional medical and personal care.
VNA/Hospice Florida Keys provides care to all in Monroe County who need our
services, including those who are unable to pay all or some of the charges for that care.
In addition, reimbursements fall short of the actual cost of providing services, with
Florida being 50th in the United States for Medicaid home health reimbursement.
Medicare PPS (home health) rates have been reduced in the last 3 years, resulting in a
loss of revenue for VNA/Hospice in FY 2013 of approximately $180,000. Additionally,
another 2% cut in Medicare reimbursement for hospice and home health was
implemented on April 1, 2013, which will reduce our anticipated revenue for the
remainder of the fiscal year by approximately $35,000. Next year, another 2% cut will
cost us almost $70,000 in unrealized revenue.
This funding from Monroe County is not used for our Life. At Home/private duty
program, which includes services reimbursed from various sources, including a contract
with Monroe County, and the Veteran's Administration, as well as payment directly from
the recipients of these personal care and homemaking services. These payment sources
reimburse adequately for the services rendered, and do not require support from either
this grant or any other charitable donation.
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following o conviction for
public entity crime may not submit a bid on o contract to provide any goods or services to o 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 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 dote of being placed on the convicted vendor list."
Contract-Hospice WNA-Fv/w;page /2
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
warrants that he/it has not employed, retained or
otherwise UaU`Jct 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 oremployee.
\j �,(A,4'naturq
STATE OF
COU0TYOF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his/her
yig t (name ofindividual signing) in the space provided above on this ' day of
P4 4
NOTARY PUBLIC
My commission expires:
OMB - MCP FORM #4 ft
Commission#DO 979628
01
Contract-Hospice NNA-FY/4;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, or use of controlled substance is prohibited in the workplace and
specifying the actions that will be token 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 urcontractual 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 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) 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.
5. Imposes a sanction on, or require the satisfactory participation in drug abuse assistance Vr
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 o 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
Sig
COUNTY OF �
Date
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
swornwho, after first being by me, (name of
..=".uua/ s,g/m/g) u//m above on this
day of
����
My commission expires: ������ .4�m�� ^�
Contract-Hospice KmA'FY/4;page /4
MO0ROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Heart of the Keys Effective Date:10/01/13
Recreation Association, Inc. Expiration Date:9/30/14
Contract Purpose/Description: provides funding for youth programs for children of Monroe
Contract Manager: Laura del-oach-Hartle 4482 OMB/Grants
for BOCC meeting on 10/16/13 Agenda Deadline: 10/01/13
CONTRACT COSTS
Total Dollar Value of Contract: $35,000.00 Current Year Portion: $35,000.00
Budgeted? YesZ No Fj Account Codes: 001-03253-530340-
County Match: $_
ADDITIONAL COSTS
Estimated Ongoing Costs: $_____Jyr For: -
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries,
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director YesEl NoO
County Attorney YesF� No LA-IL'A'a-L=�'L-�A
OMB Form Revised 9/11/95 MCP #2
AGREEMENT
This Agreement is made and entered into this 16th day of October, 2013, between the
BOARD OF COUNTY COMMISSIONERS {}FM{}NR{}E COUNTY,! FLORIDA, hereinafter referred to as
^Buard" 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 wholesome development of youths' personal, social, physical, and emotional
growth, and
WHEREAS, it is a legitimate public purpose to provide facilities and services for activities
for the wholesome development of youths' personal, social, physical, and emotional growth nnvv
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 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 tnthe PROVIDER the surn n'
THIRTY-FIVE THOUSAND AND ND/100 DOLLARS ($35,000.00) for fiscal year 2013-2014. '
2. TERM. This Agreement shall commence on October 1, 2013, and terminate September
30, 2014, unless earlier terminated pursuant tnother provisions herein.
3. PAYMENT. Payment will be made periodically, but no more frequently than rnnnth|y, 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
� z
Requirements. Evidence of payment by the PROVIDER shall be in the form of a
summarizing the expenses, with supporting documentation attached. The letter should contain
notarized certification statement. An example of reimbursement request cover letter is included
^ ~
as Attachment B. The organization'yfina| invoice must be received within thirty days after thetermination 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 a~""ve
during the terrnof this agreernent. ' '
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
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 u/the Keys Reoeaoon-FY/4; 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.
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
sha|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 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, papery, 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 tothe
County the following (items A-I must be provided prior to the payment of any invoices):
(a) IRS Letter ofDetermination and GUIOESTARprintout indicating current 501(c)(3) status;
(b) List of the 0rganization'y 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 a filed IRS Form 990 from most recent fiscal year with all attached schedules;
(f) Organization's Corporate Bylaws, which must include the organization'y mission, board and
membership composition, and process for election of officers;
(g) <]rgan|zatinn'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 C to residents of Monroe County, Florida.
11. AQ[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 attnrney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include attorney'yfees, 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 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, inrespect
to i1se|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 yn 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 tn 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 affect 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 tn 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 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 itis expressly understood that upon adeterrnination 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-Heart of the Keys Recreation-FYl4; 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 se. 6101-6107) which prohibits discrimination on the basis of age; 5\ The Drug Abuse {}Mice
and Treatment Act of 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 of1912, ya. 523 and 527 (42 USC
as. 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 y. 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 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 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 30days 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 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, tn 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 tn 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 neceyyary. 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 to the total agreed upon
reimbursement amount for the services nf 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-Heart of the Keys Recneatinn-FY/4.; 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 tn execute such documents as the County may
reasonably require, to include Public Entity Crime Statement, an Ethics Statement, and O 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 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
indiv|dual 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 o/the Keys KecnaaUon-FYl4; 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 Monroe County Attorney
11OO Simonton Street P{} Box 1026
Key West, FL33O4O Key West, FL33O41
For PROVIDER
Anthony Culver, Executive Director
Heart of the Keys Recreation Association, Inc.
81O ]3rdStreet
P.D. Box5OO836
Marathon, Florida ]3O5O
305-743-4164
34. GOVERNING LAW, VENUE' INTERPRETATION, COSTS, AND FEES. This
Agreement shall be governed by and construed in accordance with the |avvy 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 or covenants or otherwise.
36. SEVERAKBILITY. 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 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 Keys Recreation-/Y14; page
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
By_— By
Deputy Clerk Mayor/Chairman
Heart of the Keys Recreation
rry Association, Inc.
.. (Federal ID No. )
Witness 1
m
F By '. n_
- Witness' Executive Director
ONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
� r
C HRISTINE M. LIMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
Date ...
Contract-Heart of the Keys Recreation-FY1 4; 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 |avva 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 tn 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 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 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 orexpress deliveries, the vendor invoice must be included.
Rents' Leases, etc.
A copy ofthe rental nr lease agreement iy 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 0r services ordered, a vendor invoice is required.
TeUefax' Fax, etc.
,4fax 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 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
reoaipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking e
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.
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 rnnrn 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 of the Monroe County Code of Ordinances. An odometer reeding
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 a 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 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 expanses (unless specifically
included in the contract), entertainment expenses, fundraising, non-sufficient check charges,
penalties and fines.
Contract-Heart uf the Keys Recneation'FY14; page 9
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
5OO Whitehead Street
Key West, FL33O40
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
132 Company Utilities XXX.XX
104 Employee P/Rending 05/14/01 XXX.XX
105 Employee B P/Rending 05/28/01 )0(X^XX
(A) Tota\
(B) Total prior payments $ X,XXX.XX
([) 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 organizotion'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 of the Keys Recreation-FY14; page 10
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.)
Contract-Heart of the Keys Recreation-FY14; 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
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
e 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. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE I
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 emple.
signature)
Date: r �
STATE OF 'y
COUNTY OF 0" '
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
& ' Irl ' /r"&1" who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this J 0 day of
20
OTARY PUBLIC
My commission expires:
9U414 7
OMB - MCP FORM #4A3 ` S:
()cy.27,2,C)I6
E 83968
.J1B0
Contract-Heart of the Keys Recreation-FY1 4; page 13
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance withFlorida hereo certifies that:
(Name of Business) 61
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
violations,
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 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 contendmre 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 asanction 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, Vith the
above requirements.
STATE OF
(signature of Respondent)
_A� Z
COUNTY OF —
Date
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of
|nU|v|Uua| signing) affixed his/her signature in the space provided above on this
day of elc , 20
My commission expires: Z ;7 7c� //��
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: A Positive Step of Monroe Effective Date: 10/01/13
County, Inc. Expiration Date:9/30/14
Contract Purpose/Description: provides services to the highest risk youth and their families
in Monroe County.
Contract Manager: Laura del-oach-Hartle 4482 OMB/Grants
(Name) (Ext.) (Department)
for BOCC meeting on 1DJ16L13 Agenda Deadline: 10/01/13
CONTRACT COSTS
Total Dollar Value of Contract: $20,000.00 Current Year Portion: $20,000.00
Budgeted? Yes[E N o El Account Codes: 001-03257-530340-
Grant: $0.00
County Match: $_
ADDITIONAL COSTS
Estimated Ongoing Costs: $____Jyr Fo r:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries,
etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Rev' wer
Division Director YesEl NoEl
.........
Y s
0
Risk Management e NoQ/'
O.M.B./Purchasing Jt5YesF-1 No[J
*0A
County Attorney QjjR41�5 YesF-1 NoR]
L.LlazU A.�
Comments:-
OMB Form Revised 9/11/95 MCP #2
AGREEMENT
This Agreement is made and entered into this 16th day of October, 2013, between the
BOARD DF COUNTY COMMISSIONERS OFMONROE COUNTY, FLORIDA, hereinafter referred to as
"Board" or "County," and A Positive Step of Monroe County, Inc., hereinafter referred to as
"PROVIDER,"
WHEREAS, the PROVIDER is a not-for-profit corporation established for the provision of
serving the highest risk youth and their families, and
WHEREAS, it is a legitimate public purpose to provide services related to highest risk youth
and their families, 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 evidence
based family therapy services for youth and their families for persons living in Monroe County,
Florida, shall pay to the PROVIDER the sum of TWENTY THOUSAND AND NO/100 DOLLARS
($2U,0OO.00) for fiscal year 2O13-2O14.
2. TERM. This Agreement shall commence on October 1, 2013, and terminate September
30, 2014, 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 o
notarized certification statennent. An example of reimbursement request cover letter is included
as Attachment B. The organization'sfina\ 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 OURSTATE 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 hosubmission.
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.
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 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 harnn 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|\ovv 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 (itenosA-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 recommended/taken;
(e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules;
(f) <]rganization's Corporate 8y\avva, 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);
(|) 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 to substantially 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 attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include atborney'sfees, courts costs, investigative, and
out-of-pocket expenses \nappellate 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 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 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 of appropriate local, state
and/or federal certification and/or \ioensure of the PROVIDER'S program and staff.
18. NON-DISCRIM INA1[ION. 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 ofany 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-A Positive Step-FY/4;page 3
USC ss. 1681-1683, and 1685-1686\, vvh\oh 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. 6101-5107) which prohibits discrimination on the basis of age; 5) The [}rug Abuse Office
and Treatment Act of 1972 (PLq2-255), 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 oralcoholism; 7) The Public Health Service Act of1Q12, ss. 523and 527 (42USC
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
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 30days 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 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 inany manner
or degree with its performance under this Agreement, and that only interest ofeach 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 oonnnnerda| liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver ofimmunity to the
[bntrac/`4 Positive Step-FY/4;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 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
ottorney'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 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 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 B1yNON-UoARTIES. No person nr entity shall be entitled 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.
� 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
Conbso64 Positive Step-FY/4;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 Monroe County Attorney
11OO Simonton Street PO Box 1026
Key West, FL 33040 Key West, FL ]]O41
For PROVIDER
Billy Davis, Executive Director
A Positive Step ofMonroe County, Inc.
55D3 College Road, Suite 1023
Key West, FL 33040
305-292-6737, Ext. 117
305-295-8333FAX
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 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. SEVERAKBILITY. 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 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 TOFOLLOW]
Cunhaut-A Positive Gtep-FY/4;page 0
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
'ATTEST: AMYHEAVION, CLERK OF MONROE COUNTY, FLORIDA
B By
Deputy Clerk
A Positive Step of Monroe County, Inc.
(Federal IDNo )
Witness
�
Byt
Witness Chief Exeumuvev///ce/
K8ONROE COUNTY ATTORNEY
APPROVED AS TO FORM
ASSISTA T COUrTY ATTORNEY
Date
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 AttachnnentB) 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
d i t with recordsofth{sorg�ni��tion
ott��h�� expenses are accurate an n agreement vv .
Furthermore, these expenses are in 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."
Invoices should be billed to the contracting agency. Third party payments will not be considered
for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the contract.
This document should not be considered all-inclusive. The Clerk's Finance Department reserves
the right to review reimbursement requests on an individual basis. Any questions regarding these
guidelines should be directed to 305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter-company allocations are not considered
reimbursable expenditures unless appropriate payroll journals for the charging department are
attached and certified.
Payroll
A certified statement verifying the accuracy and 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.
A copy ofthe 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, O vendor invoice is required.
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 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. 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 beatthe 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 ofOrdinances. Meal guidelines state
that travel must begin prior to 5 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.
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500VVh\tehend Street
Key West, FL 33040
Date
The following is a summary of the expenses for (Organization na 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 O5/14/O1 XXX.XX
105 Employee B P/Rending 05/28/01 _-__2U� .221
(A) Total A*XX XM
(B) Total prior payments $ X,XXX.XX
((�) Total requested and paid (AfB) $ X,XXX.XX
'D) Total contract amount $ X,XXX.XX
` ' Balance of contract (D-C)
I certifythat 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 DAct—o-r
Attachments (supporting documentation)
Sworn to and subscribed before me this JO day of ZnL
who |s personally known to me.
Notary Public Notary Stamp
•
•
• A POSITIVE STEP OF MONROE COUNTY
5503 College Road, Suites 1023 & 1024— Key West, FL 33040
Phone(305)292-6737 x117/Fax(305)295-8333 /Email: gpsmcerp&a aol.eom
Attachment C. Contract—APSMC FY 14 p. 11
"A Positive Step of Monroe County, Inc (APSMC)is a community based non-profit organization dedicated to
serving the highest risk youth and their families in the Florida Keys. APSMC also seeks to identify unmet needs
within our community, and to provide innovative and evidence-based services to meet those needs. Our ultimate
goal is to improve outcomes for the juveniles and families we serve while protecting the public by reducing
juvenile crime and delinquency in Florida."
With the funding allotted by the HSAB/Monroe County, APSMC will expand our current Department of
Juvenile Justice based family therapy program to include adolescents and their families who are NOT
involved in the Juvenile Justice system. We will provide evidence based family therapy using Cognitive
Behavioral Therapy (CBT) in an effort to prevent at risk youth from entering the Juvenile Justice
system. We will be working with youth and families referred by the CINS/FINS program,as well as
Wesley House.
Our original proposal to the HASB stated that we would be utilizing the Brief Strategic Family Therapy
(BSFT)model of evidence based family therapy, but due to changes in our funding stream, we are no
longer able to afford the cost of supervision that the University of Miami charges BSFT teams. We have
shifted to a more cost effective model, and our clinical coordinator, Elizabeth Guinea, will attend a
training at the beginning of October 2013 at the Beck Institute in Philadelphia on using CBT with
adolescents. CBT is a well-respected approach in the behavioral health field, and we are confident that
this shift will help us provide the same level of services in a more cost effective way.
Funded through the State of Florida Department of Juvenile Justice
§ t3`,t'
`its{ss s t""m
VE,a
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under
a contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
k
k
j
Contract-A Positive Step-FY14;page 12
`\I"tyz�rt}t3�f'�`§
srt(
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
{ °?f Warrants that he/it has not employed, retained or
qoterwise had act on his/i s 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.
'?gym° � L
(sire)
c
Date:
STATE OF ( t
COUNTY OF t
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
-111'k�V ) gws 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_C .
NOTARY PUBLIC
My commission expires:
OMB - MCP FORM #4 ----�- VANESSA Ct)HEN
`•1N My CoMMSSSION It EE 003996
*: *:
EXPIRES:June 27,2014
'?t£ "Fo?' Bonded Thru Notary Public Underwriters
i
t
t
Contact-A Positive Step-FY14;page 13
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
\mrzo c—, "—C)-Litk
(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 about dangers of 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
^ork\n� �n the commodities or contractual services that are under bid, the employee will abide by
,, t d i|| notify the employer of conviction o� or plea of guilty or
the terms of the statement an w no '
' - � \ f controlled substance
fCh ter 89� (FloridaStatutes) or any con
nn|o �ont�n��retn anyviolationo Chapter ^ / . .~..~. ~--_'- --
'
|aw ofthe United States or any state, for a violation occurring in the workplace no later than five
(5) days after such conviction.
5 Innpos�s � sanctionon, or require the satisfactory participation in 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 that this firm complies fully with the
above requirements. r
�~
STATE OF r
(Signat�re of Respondent)
_�l .
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 onthis
�\
2
day of , 2O|�,.
My commission expires:
NOTARY PUBLIC
_-_
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Be the Change of the Effective Date: 10/01/13
Floridg--Keys, Inc. Expiration Date: .9/30/14
Contract Purpose/Description: provides funding for the Kids Come First program providing
neces ..items to disadvantaged children and
the Mo I .,.ce and substance abuse
prevention. academic and recreationa.1 activities, cultural diversity, personal development
skills, -��. for�outh�inMgnroe �Count�.
Contract Manager: Laura del-oach-Hartle 4482 OMB/Grants
(Name) (Ext.) (Department)
Lor BOCC meeting on -IDL16�13 Agenda Deadline: 10101Z13
CONTRACT COSTS
Total Dollar Value of Contract: $40,000.00 Current Year Portion: $40,000.00
Budgeted? YesEl No R Account Codes: 001- 03254 -530340-
Grant: $0.00
County Match: $_
ADDITIONAL COSTS
Estimated Ongoing Costs: For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries,
etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director YesR NoR
Risk Management Yes[:] Non :n'
0.M.B P u rAa/s i n g 1 0 1113 YesM Nold
County Attorney T41", YesEl NoM efut, 'ya-kajl-&-M A,'-L (4[a P,
Comments:-
OMB Form Revised 9/11/95 MCP #2
AGREEMENT
This Agreement is made and entered into this 16th day of October, 2013, between the
BOARD OF COUNTY COMMISSIONERS OFMDNRDE 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 o not-for-profit corporation established for the provision of
clothing, school supplies, and other necessary items to disadvantaged children, violence and
substance abuse prevention, academic and recreational activities, cultural diversity, personal
development skills, etc., for youth, 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,
violence and substance abuse prevention and other items, etc., 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 disadvantaged children such as the provision of clothing, school supplies,
and violence and substance abuse prevention and other items in Monroe County, Florida, shall
pay to the PROVIDER the sum of FORTY THOUSAND AND NO/100 DOLLARS ($40,000.00) for
fiscal year2O12-2O14.
2. TERM. This Agreement shall commence on October 1, 2013, and terminate September
30, 2014, 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 [)O"ime. 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 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, enOp0vv8r8d 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 tosubmission.
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.
RECOVRDKEEPING
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 a||ovv and permit reasonable access
to, and inspection of, all documents, papers, letters or other materials in its possession or under
its cmntrol 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 {5UI[}ESTARprintout indicating current 501(c)(3) status;
(b) List of the Drganization'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 a filed IRS Form 990 from most recent fiscal year with all attached schedules;
(f) Drgan|zation's Corporate Bylaws, which must include the organ\zation's mission, board and
membership composition, and process for election of officers;
(g) Orgonization'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 grunt 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.
RESPONSIBILITIES
Contract-Be The ChangeFY/�page 2
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. A0TORNEY^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 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 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 of appropriate local, state
and/or federal certification and/or |icensure of the PROVIDER'S program and staff.
18. NON-KDIE;CRIM INA7[ION. County and PROVIDER agree that there will be no
discrimination against any person, and itis 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 port of any party, effective the dote of the court
Contract-Be The Chonge'FY/4;page 3
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 USC s. 794), which prohibits
discrimination on the basis ofhandicaps; 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; 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 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 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 pa/ties 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 eb|| 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.
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 he 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 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 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.
Contract-Be The Lhango-FY/4;page 5
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 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 Monroe County Attorney
1100Sinnonton Street PO Box 1026
Key West, FL33O4O Key West, FL33041
For PROVIDER
Sunny Booker, Volunteer Program Manager
Be the Change of the Florida Keys, Inc.
58OO Overseas Highway, Suite 6
Marathon, F|orido33O40
305-360-1689
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. 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 |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 possjb|e 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 Change-FY14;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) BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, CLERK DFMONRDE COUNTY, FLORIDA
B B
Deputy Clerk Mayor/Chairman
Be the Change of the Florida
Keys, Inc.
(Federal ID No.Witness
By
LM
Witness ` ^ [/ Xfioard President
M[}NROE COUNTY ATTORNEY
APPROVED AS TO FORM:
ASSISTANT COUNTY ATToRNEY
Date
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 SLoba 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 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 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 or express deliveries, the vendor invoice must be included.
Rents' Leases, exc.
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 of copies made, source document, purpose, and recipient. A
reasonable foe for copy expenses will be allowable. For vendor services, the vendor invoice and a
sample of the finished product are required.
Supplies, Services, etc.
For supplies or services Ordered, a vendor invoice is required.
Telefax, Fax' etc~
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 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 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 nrmeeting, a copy of
the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of
the airline ticket. Abave| 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 reirnburyab|e. Parking is
considered a reimbursable travel expense at the destination. Airport parking during a business
trip is not.
/\ 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 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 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 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 |n the contract), entertainment expenses, fundraising, non-sufficient check charges,
penalties and fines.
Contract-Be The GhanDe'FY/4;page /D
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board Vf County Commissioners
Finance Department
5O0 Whitehead Street
Key West, FL 33040
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.XX
104 Employee P/R ending O5/14/O1 XXX,XX
105 Employee B P/Rending 05/28/01 XX)i)<X
(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.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 nrganizaUon'y 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 tome.
Notary Public Notary Stamp
Contract-Be The[hange'FY/w;page //
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,)
Contract-Be The Change-FY14;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 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 osa 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
'2L'j-��CL A,-.&, 11 -C, CC keil warrants that he/it has not employed, retained or
otherwise had �?ct on his/its behalf'a4 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.
-1-T (signature)
Date:—
STATE OF
COUNTY OF
No EE207791
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
� ��m
who, after first being sworn by me, a��|Kdd^'his/her
14—
signature (name of individual signing) in the space provided above on this 1A day of
/ 20_��_.
NOTARY PUBLIC
My commission expires:
y°/Is/d-e���
OMB - MCP FORM #4
Conbact-Ga The Csange'FY/4;page /4
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
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 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
nn|o contendene 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
(S) days after such conviction.
5. Imposes a sanction on, Vr require the satisfactory participation in 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 that this firm complies fully with the
above requirements.
STATE OF
ture 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
day of , 20i 3 .
My �ornrniyyion expires:
—
NOTARY PUBLIC
SON X1r
Aly Comm Expires%
Contract-Be The Change-FY/4;page /5 -�
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Grace ]ones Community Effective Date: *10/01/13
Center, Inc. Expiration Date: 9/30/14
Contract Purpose/Description: provides funding for the "Back Packs 4 Kids" program to
provide food items to disadvantaged children in Monroe CouDty.
Contract Manager: Laura deLoach-Hartle 4482 OMB/Grants
(Name) (Ext.) (Department)
for BOCC meeting on IDJ16L13 Agenda Deadline: 10/01/13
CONTRACT COSTS
Total Dollar Value of Contract: $40,000.00 Current Year Portion: $40,000.00
Budgeted? YesEl No F] Account Codes: 001- 03224 -530340-
Grant: $0.00
County Match: $_
ADDITIONAL COSTS
Estimated Ongoing Costs: $--__Jyr For: -
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries,
etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director YesF] NoM
Risk Management YesO Noo"",
KI 101
O.M.B./Purcha YesEl No[2"'
sing
County Attorney YesD No[Z]
Comments:-
OMB Form Revised 9/11/95 MCP #2
AGREEMENT
This Agreement is made and entered into this 16dh day of October, 2013, between the
BOARD (}F COUNTY COMMISSIONERS OF MONRDE COUNTY, FLORIDA, hereinafter referred to as
"Board" or "County," and Grace ]ones Community [enter, Inc hereinafter referred to as
"PROVIDER."
WHEREAS, the PROVIDER isa not-for-profit corporation established to provide educational
and nutritional services todisadvantaged 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 nouLun| 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 related to provision of educational and nutritional services to disadvantaged
children in Monroe County, Florida, shall pay to the PROVIDER the yurn of FORTY THOUSAND AND
N0/100 DOLLARS ($40,000.00) for fiscal year 2013-2014.
2. TERM. This Agreement shall commence on October 1, 2013, and terminate September
30, 2014, 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 |avvy 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'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||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-Grace Jones Community Day Care Center-FY/4;pxgo 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 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 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, FB, running from the date the monies were paid to PROVIDER.
S. PUBLIC ACCESS. The County and PROVIDER shall a||ovv 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 GUIDEBTAR 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 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 a filed IRS Form 990 from most recent fiscal year with all attached schedules;
(f) Organ|zation'y Corporate Bylaws, which must include the organizabnn's mission, board and
membership composition, and process for election of officers;
(g) [Jnganiration'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 |avvy,
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.
Qmtrac/—GraceJones Community Day Care Center-FY14;page
11. AOFTORNEY'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 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 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 statutey, 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 of appropriate local, state
and/or federal certification and/or |icenyure of the PROVIDER'S program and staff.
18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no
discrimination against any person, and itis 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 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) Tide IX of the Education Amendment of 1972, as amended (20
Contract—£race Jones Community Day Care Center-FY/4;page 3
USC es. I681-1683, 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 ofage; 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 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; 0) 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
public meeting of the Board of County Commissioners. If the issue or issues are still not resolved
to the satisfaction of the pa/ties, 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 o waiver of immunity to the
Contract—Grace Jones Community Day Care Conm,Fv/4;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 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 K8YNON-U»ARTIES. No person or entity shall be entitled 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.
GENERAL
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 Laken together shall
Qzntract—GraceJonesQommunity Day Care Qmte,FY/4;page
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 Monroe County Attorney
11OO Simonton Street PO Box 1026
Key West, FL 33040 Key West, FL33O41
For PROVIDER
Iris Coe, Executive Director
Grace Jones Community Day Care Center
23O41a� Street
Marathon, FL 33050
305-743-6064
305-289-7251FAX
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,
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. 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 |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-Grace Jones Community Day Care Conte,FY/4;page 0
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairman
Grace ]ones Community Day
Care Center
1-1
(Federal ID No.n " ' )
Witness
By
Witness executive Director
ONROF COUNTY ATTORNEY
APPROVED AS TO FORM:
CHMSTINE M. UMBERT-BARRO�WS
m
ABB►BT T COUNTY ATTORNEY
Date m .w
Contract—Grace Jones Community Day Care Center-FY14;page 7
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, 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 orgonizotion's contract with the Monroe
County Board of County Commissioners and will not be submitted for reimbursement to any other
fund|ngsource."
Invoices should be billed to the contracting agency. Third party payments will not be considered
for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the contract.
This document should not be considered all-inclusive. The Clerk's Finance Department reserves
the right to review reimbursement requests on an individual basis. Any questions regarding these
guidelines should be directed to 305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter-company allocations are not considered
reimbursable expenditures unless appropriate payroll journals for the charging department are
attached and certified. '
Payroll
A certified statement verifying the accuracy and 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.
/\ 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, 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.
l[eKefax, Fax, etc.
Qmtraor—GraceJones Community Day Care Center-FY/4;page
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 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 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. Atrnve| 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 reirnbursab|e. Parking is
considered a reimbursable travel expense at the destination. Airport parking during a business
trip is not.
A detailed ||et 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 nfthe 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 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.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.
Contraot—GmceJones Community Day Care Center-fY/4;page
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
5OU Whitehead Street
Key West, FL33O4O
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.XX
104 Employee P/R ending O5/14/O1 XXX.XX
105 Employee P/R ending O5/28/O1 XXX.)(X
(A) Total
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A f B) $ X/XXX.XX
(0) Total contract amount $ X,XXX.XX
Balance of contract (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 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 20 by—
who is personally known to me.
Notary Public Notary Stamp
Com»ev,—Grao Jones Community Day Care Qmter-pY/4;page /0
'
ATTACHMENT C
Services to be provided:
(Insert a descriptionof your organization including a list of the services that will be provided by
your organization under this C0ntract)
Descrij?tjon of Grace ]ones Community Center, Inc.:
The Grace Jones Community Canter, Inc. provides State of Florida Gold Seal award-winning
daycare along with nutritious lunches to children of working Monroe County residents from
Monday through Friday at its totally renovated facility located in Marathon, Florida. The Grace
Jones Community Center has served thousands of children from diverse family backgrounds since
1958 in the same location on 41st Street,
Along with this, for the past four years, Grace Jones Community Center has been funding,
facilitating and growing the outstanding weekend-food program, "Grace Jones Back Packs Kids".
In these four years the program has grown beyond the wildest expectations of our local
community, our stakeholders, our donors and foundations, and our partner organizations.
Since the inception of the program we have grown from serving 60 children weekly to serving 150
children weekly in three Monroe County locations, namely Grace Jones Community Center, the
Community Cooperative [}ay-Care Center and Kreative Kids Academy. We could not be more
proud of the Grace ]ones Back Packs 4 Kids prograrn's performance, or the support and essential
financial assistance of the Monroe County Board of County Commissioners (8OCC) and the Human
Services Advisory Board (HSA8). VVe are totally committed and confident that together, we will
continue to grow this critical weekend-food program until no child in Monroe County is any longer
faced with debilitating chronic hunger.
Specific services that will be funded by this request:
This year, Grace Jones Back Packs Kids will start out with 150 unduplicated children per week.
Adding the additional children at the Marathon Recreation Center and the St. Co|urnba'sSurnrner
Camp program, we will be supplying nearly 175 children per week. HSAB dollars will be spent in
keeping up with the additional client base aswell as start-up expenses (backpacks, training,
packaging materials) along with additional food costs to stock the added backpacks on a weekly
basis.
Additionally, with the resurrection of portion of the Early Learning funds, which were threatened
to be drastically reduced this year by the federal government, the number ofchildren being
approved for partial subsidization of their daycare expenses is causing our referrals from Wesley
House Family Services to rise.
To physically handle this increase in Wesley House approved daycare clients, Grace Jones
Community Center will undergo renovations, remodeling and on increase in existing square
footage fnrchi|dren'S programming and classrooms.
As the number of nutritious meals prepared daily for daycare clients continues to rise, we have
identified a priority need for replacement of appliances and equipment in the Grace ]ones kitchen;
the most pressing of which is the need for new and greener (energy efficient) hood storage
freezers and refrigeration.
*County funds will not be used for capital purchases. Only (terns less than $1,000.00 will be
eligible for reimbursement.
Contract-Gmoa Jones Community Day Cam C*ntepFY14;page I ��
PUBLIC ENTITY CRIME STATEMENT
"A person Vr 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 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 Ofbeing placed on the convicted vendor list."
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
M0NR0E 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 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 to the former County officer oremployee.
STATE OF ,
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by rne/ affixed his/her
signature (name of individual signing) in the space provided above on this day of
, 2O_[��_.
!NOTARY PUBLI(�
� ~| \
My commission expires: ��\ ��� \ (s"
EXPIRES:June 13,2015
OMB - MCP FORM #4
Contract-Grace Jones Community Day Care Conter-FY/4;page /3
DRUG-FREE WORKPLACE FORM
undersignedThe hat:
4-1 6-:1 , Ta__�_ : � Lzzte'�'
(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
violations,
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 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 contendene to, any violation of Chapter 893 (Florida Statutes) orofany 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,
5. 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 or
COUNTY OF
Date
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being Sworn by me, (name of
individual s|gnyng) affixed his/her signature in the space provided above on this
day Of , 20L�3
| My cOrnnOiSS\On expires:�u
Contram -GraceJoneaCommunity Day Care Cenm,FY/4;page /v
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Florida Keys Healthy Start Effective Date: 10/01/13
CoalitLion, Inc. Expiration Date: 9/30/14
Contract Purpose/Description: provides funding for financial assistance with pre-natal care
for u onroe County.
Contract Manager: Laura deLoach-Hartle 4482 OMB/Grants
(Name) (Ext.) (Department)
[for BOCC meeting on .1QLL6L13 Agenda Deadline: 10/01/13
CONTRACT COSTS
Total Dollar Value of Contract: $30,000.00 Current Year Portion: $30,000.00
Budgeted? YesF� N o F-1 Account Codes: 001-03242-530340-
Grant: $0.00
County Match: $_
ADDITIONAL COSTS
Estimated Ongoing Costs: $ r Fo r:
(Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries,
etc.)
CONTRACT REVIEW
Changes Date Out
Date Needed Reviewer
Division Director In YesF� NoEl
Risk Management
YesEl No[],' V!
0.M�B./P u Aa—s/i n g 6YesF-1 Nom ZAAX��
_Jfi LfajILa
County Attorney Yes[:] NoZ] EL�WWL LA
Comments:
OMB Form Revised 9/11/95 MCP #2
AGREEMENT
This Agreement is made and entered into this 16th day of October, 3013, between the
BOARD OF COUNTY COMMISSIONERS OF MDNROE 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 m not-for-profit corporation established for the provision of
financial assistance with pre-natal cane for uninsured and under-insured pregnant women in
Monroe County, and
WHEREAS, it is a 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:
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 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 NCV100 ($30,000.00) for fiscal year 2013-3014,
2. TERM. This Agreement shall commence on October 1, 2013, and terminate September
30, 2014, 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 organiration'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.
/&. 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 |ovv.
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.
Contraot-Fl Keys Healthy S/art-fY14; 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 he
accounted for pursuant to statutory 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 nr 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 tn 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 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-1 must be provided prior to the payment of any invoices):
(a) IRS Letter nfDetermination and GUTDESTAK printout indicating current 501(c)(3) status/
(b) List of the [>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;
(o) 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 recommended/taken;
(e) Copy of filed IRS Form 990 from most recent fiscal year with all attached schedules;
(f) [>rganizatinn's Corporate Bylaws, which must include the nrganizatinn'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 a|onhn| 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;
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 to substantially and satisfactorily perform and provide the services outlined
in Attachment Ctn residents nf 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 pa ^ shall be entitled to
reasonable ettorney'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 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 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 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 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 88-353) which prohibits discrimination on the basis o'
race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (3'
Contract-FL Keys Healthy Stent-FY14; 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 (30 USC g. 794)/ which prohibits
discrimination on the basis of handicaps; 4\ The Age Discrimination A[± 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 A|onhn|isrn Prevention, Treatment and
Rehabilitation Act of 1970 (PL91-616), as amended, relating to nondiscrimination on the basis of
a|onhn| abuse or alcoholism; 7) The Public Health Service Act nf1912, ss. 523 and 527 (42 USC
ss. 690dd-3 and 390ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records; 8) Title Vlll 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 (43 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 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
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 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, tn the extent required by the other party,
in all proceedings, hearings, processes, meetings, and other activities related tn 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 nf 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 onnnnnerda| liability insurance coverage, self-insurance coverage, Or local
government liability insurance pnn| coverage shall not be deemed a waiver of immunity to the
Contract-FL Keys Healthy Stsnt-Fv]4; page 4
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 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
propertyowned by Monroe County) and any other losses, damages, and expenses (including
which fees) hi�h 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 c 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 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 |avv except to
the extent ofactual and Urne|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 barnns 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 token together shall
constitute one and the same instrument and any of the parties hereto may execute this
Agreement bvsigning 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
11UO Simonton Street PO 8nn 1036
Key West, FL33O4O Key West, FL33O41
For PROVIDER
Arianna Nesbitt, Chief Executive Officer
Florida Keys Healthy Start Coalition, Inc.
11OU Simonton Street, Rnnrn #1
P.[>. Box S166
Key West, FL 33041
305-293-8424
305-293-8542FAX
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. 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 |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 tnsuch subject matter between the PROVIDER and the Board.
[THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW]
[ontraot-fl Keys Healthy Su,'t'/914; page h
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
By — By
Deputy Clerk Mayor/Chairman
Florida Keys Healthy Start Coalition, Inc.
(Federal ID No. }
Witness
B
Witness Chief Executiv Of icer
ONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
C
ll t TI E Sri, LlMBE# T-BARROWS
A6T ���EY
�,'
Date
Contract-Ft Keys Healthy Start-FY14; 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 tntravel, are from the
Monroe County Code of Ordinances and State laws and regulations.
A cover letter (see Attachment B) summarizing the major line items nn the reimbursable expense
request needs tn also contain the following notarized certified statement:
"l certify that the above checks have been submitted tn 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 nrganization'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 tn 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 be directed bo 305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. lntercnnnpanya||ncatinns 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 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 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, 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 0fcopies 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.
l[eUefaxx 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 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 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. /\ 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 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 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 of the Monroe County Code of Ordinances. Meal guidelines state
that travel must begin prior to 6a.nn. 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 in the contract), entertainment expenses, fundraising, non-sufficient check charges,
penalties and fines.
Contract-FL Keys Healthy 5tant-FY14; page 9
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
5OO Whitehead Street
Key West, FL33O4O
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.XX
104 Employee P/Rending 05/14/01 XXX.XX
105 Employee B P/Rending 05/28/01 X) X. (X
/A\ Total $~X^XXX-XX
(B) Total prior payments $ X,XKX.KX
(C) Total requested and paid (A + B) $ X,XXX.XX
(D) Total contract amount $ X,XXX.XX
Balance of contract /U-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 this organizabon'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
Contraot-pl Keys Healthy£&ant-FY/4; page z0
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.)
Contract-FL Keys Healthy Start-FY14; 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 bo 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 387.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
Florida Keys HeabhxStart�oa|hkx�. Attachment
Organization Description:
Mission:The Florida Keys Healthy Start Coalition unites people and resources to improve the health and
well-being of pregnant women, children, and their families in Monroe County,
Vision: A community working together to provide access to quality care for all pregnant women and
infants in the Florida Keys.
Services tobeProvided:
Human Services Advisory Board funding facilitates the Florida Keys Healthy Start Coalition's Healthy
Babies Program which qualifies and provides a financial subsidy to ensure underinsured and uninsured
pregnant women have access to prenatal care, as well as defraying approved administrative costs.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 client financial arrangements are established in Vendor
Agreement protocols in place with participating providers.
SWORN STATEMENT UNDER ORDINANCE NO. 1O-199O
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
4-MC, b U &ILV6.'warrants that he/it has not employed, retained or
otherwise hadlaci on his/6 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:_
STATE OF
COUNTY OF_
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this day of
/ 20_4_��.
-46�-'
My commission expires: LE&HSTDOKTON
hy COMMISSION#EE8@215
° EXPIRES:February 2.2N7
��mm������
OMB - MCP FORM #4 ���pr�
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business) �Ij �j
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 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
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 tocontinue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, certify h hCompliesfully with the
above requirements.
STATE OF ` aC
COUNTY DF \ n
Datel
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 , 2»_43" —.
My commission expires:
NOTARY PUBLIC LGAH STOCNJON
WYC0MWW0N#BB0015
EXPIRES:February 2 2017
n���� ���mmm��w��o��
[notraot-pl Keys Healthy 5tant-FY/4; page z4
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Keys Area Effective Date: 1OZO1113
Interdenominational Resources Expiration Date 9Z30/14
Contract Purpose/Description: provides supportive services for disadvantaged residents of
Monroe County.
Contract Manager: Laura deLoach-Hartle 4482 OMB/Grants
(Name) (Ext.) (Department)
Ifor BOCC meeting on I.OL16113 Agenda Dead _L 3
line: 10 01 1
L
CONTRACT COSTS
Total Dollar Value of Contract: $25,000.00 Current Year Portion: $25,000.00
Budgeted? YesE No Account Codes: 001-03243-530340-
Grant: $0.00
County Match: $_
ADDITIONAL COSTS
Estimated Ongoing Costs: $----Jyr For:
(Not included in dollar value above) (e.g.-maintenance, utilities, janitorial, salaries,
etc.
CONTRACT REVIEW
Changes Date Out
Date Needed Reviewer
Division Director In YesFj NoFJ
Risk Management Yesn Noo""' V
O.M.B./Purchasing )(4'13Yesn Nom/
A76
County Attorney Yesn NoE]
Comments:_
OMB Form Revised 9/11/95 MCP #2
r AGREEMENT
c This Agreement is made and entered into this 16th day of October, 2013, between the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as
"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:
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 supportive services for disadvantaged persons living in Monroe County, Florida, shall
pay to the PROVIDER the sum of TWENTY-FIVE THOUSAND AND NOf 100 ($25,000.00) for fiscal
year 2013-2014.
2. TERM. This Agreement shall commence on October 1, 2013, and terminate September
30, 2014, 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 a 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-KA1R-FY14;page I
6. PURCHASE OF PROPERTY All property, whether real or persona/ purchased withfunds provided under this agreement, shall become the property of [�onroe County and shall be
accounted for pursuant to statutory requirernenty. �'
RECORDKEEPING
pertine o
principles
7. tU�ECK�U�U���. PROVIDER shall maintain a// books, records, and documents directly
o� performance under this Agneenment in accordance with generally accepted accounting
�^ 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 fo
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 �
� this Agreement, the PROVIDER shall repay the monies together with interest calculated by
to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. pursuant
S. PUBLIC ACCESS. The County and PROVIDER shall e//ovv 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 t
unilaterally cancel this Agreement upon violation of this provision by PROVIDER. v
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 ofDetermination and GUIDESTAR printout indicating current SO1(c\(3) status;
(b) List of the Organization's Board of Directors of which there must be at least
` 'and for each
board member please indicate when elected to serve and the length of term � service;
(c) Evidence of annual election of Officers and Directors' v/ '
(d) Unqualified audited financial statement from the most recent fiscal year for all
organizations that expend $15UOOO
deficiencies with correc�iveactions' a yeer or more; if qualified, include e statement of
recornrnended/taken'
(e) Copy of filed IRS Form 990 from most recent fiscal year with a// attached schedules;
/f> Orgenizetion's Corporate Bylaws,, which must include the mission, board` and
rnennbershipconnposition, and process for election ofo�Mcers'
'
(g) Orgenizabon's Policies and Procedures Manua/ vvhich' 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.) Theperformancean�e report shall include statistical information regarding the types andfrequencies of services provided, a profile of clients (including residency) and nu/ bersserved, 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.
RESPONSIBILITIES
10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and
agrees with the Board to substantially and satisfactorily perform and providethe services outlin d
in Attachrnent (� to residents of Monroe County, Florida, �
Contract-K4IR-FY/^�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 partyrelative to
the enforcement or interpretation of this Agreement, the prevailing party shall ensn|»/eto
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall indudaattorney'sfees courts costs, investigative,' u o o«« r
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated
a»d
pursuant to this Agreement shall be in accordance with the Florida Rules f"`=� o//« �v//««c�eo
usual and customary procedures required by the circuit court ofMaro*u{��s »t [|«/| Procedure and
12. BINDING EFFECT. The terms, covenants conditions and provisions of this
Agreement shall bind and inure to the benefit of the Count'' and PROVIDER respective
end their r �i
legal representatives, successors, and assigns.
�
| 13. CODE OF ETHICS. County agrees that officers and employees of the
` County and will be required to comply with the standards of conduct for public officers and as delineated in Section 112.31], Florida Statutes' regarding' but not limited to,so/icitation or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public Position, conflicting employment or contractual relationship; and disclosure oruse of certain information.
�o itself,
B0�� ����LI��Il[Al[I��V�/�*������EU�l[. The County and PROVIDER warrant that, in respect
ser, /t has neither employed nor retained any company or person, other than ` b fide
employee working solely for it, to solicit or secure this Agreement and
that it has oot»»aid e
agreed to pey any person, cornpeny, corporation, individue/ or firnn"other than nbopa � »r
employee working solely for it any fee commission, ' ' u bona �e
contingent upon or resulting f`nn the a` rd »»' percentage, gift' «r other consideration
/v award or making of this Agreement. For the breach
orvio/ation of the provision, the PROVIDER agrees that the County shall have the right to terminatethis Agreement without liability and, at its
discretion, to offset from monies owed, or o�henwi
recover, the full amount of such fee, commission, percentage, gift, or consideration. se
se
15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder �th
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 ��rne»c
employees, contractors, servants or agents to be employees of the Board. »r any «f its
COMPLIANCE ISSUES
PROVIDER 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agneernent` the
th isUo// abide by all statutes, ordinances, rules and regulations pertaining to or regulating
vi/eprov/s/on of such services, including those now in effect and hereinafter adopted Any
v/e unn or 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 de/',' eryof
wr
itten notice of termination to the PROVIDER.
17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall
that all professionals have current and appropriate professional licenses and professional (assune
insurance coverage. Funding by the Board |s contingent upon retention ofappropriate local,|�[»|/ty
and/or federal certification and/or |icensune of the PROVIDER'S state
prograrnend �t�ff.
18. NON-DISC RIM I0WA1FION. County and PROVIDER agree that there i// b
discrimination against any person, and it is expressly understood that upon a determination by
n»
court of competent jurisdiction that discrimination has occurred this Agreement automatically
terminates iernninates without any further action on the pad of any party, 'effective the date u�c»h ce/'y
order. County or PROVIDER agree tocornp/ywith a// Federal ad Floridastatutes, o' c e cOu/�
ordinances, as applicable, relating to nondiscrimination, These /nu/udebut |iand a/| local
Title VI of the (�|v|| Rights Act Of 1964 (PL 88-352) which
h prohibits
discrimination on
on�eU to: 1)
race' co/or or national origin; �) Title I^ of E`Vc�t�� Amendment uus n�T�n �n the ���i� V[
, ^ Educationof1Q7Z, as amended /20
ContractKA/R-FY/4;page
.MwJ
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 of 1972 (PL 92-255), 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 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 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
Contract-KAIR-FY14,page 4
wl
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 th
e 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.
I 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 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
Contract-KRIR-FY?4;page 5
constitute one and the same instrument and an of the
Y 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:
j
h For Board:
Grants Administrator and Monroe County Attorney
1100 Simonton Street PO Box 1026
Key West, FL 33040 Key West, FL 33041
For PROVIDER
Marjorie Roberts, Executive Director
,..., Keys Area Interdenominational Resources
3010 Overseas Highway
Marathon, FL 33050
305-743-4582
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. 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 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-KAIR-FY94;page 6
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
g
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, CLERK
OF MONROE COUNTY, FLORIDA
By
BY
Deputy Clerk Mayor/Chairman
Keys Area Interdenominational Resources
Witness (Federal ID No. 6
By
Witness Executive fDirector
ON OE COUNTY ATTORNEY
A PROV D AS TO FORM:
4
H I TINE W LIMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY°
Date Y [ t
Contract-KA1R-FY14;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 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 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 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 a 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-KAIR-FY14:Page 8
�R
Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the date, the
-r 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.
a 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. A travel itinerary is appreciated to facilitate the audit trail. Auto rental
reimbursement requires the vendor invoice. Fuel purchases should be documented with paid
receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a
taxi from one's residence to the airport for a business trip is not reimbursable. Parking is
considered a reimbursable travel expense at the destination. Airport parking during a business
trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room
must be registered and paid for by traveler. The County will only reimburse the actual room and
related bed tax. Room service, movies, and personal telephone calls are not allowable expenses.
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 a 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.
Contract-KAIR-FY14.page 9
`r
z ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for (Organization name) for the time period
of — to
Check # Payee Reason Amount
101 Company A Rent $ X,XXX.XX
102 Company B Utilities XXX.XX
104 Employee A P/R ending 05/14/01 XXX.XX
105 Employee B P/R ending 05/28/01 XXX.XX
(A) Total
$ X.XXX XX
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX
(D) Total contract amount $ X,XXX.XX
Balance of contract (D-C) $ X XXX XX
I certify that the above checks have been submitted to the vendors as noted and that the
expenses are accurate and in agreement with the records of this organization. Furthermore,
these expenses are in compliance with this 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 20 b
who is personally known to me. _ y -
Notary Public Notary Stamp
Contract-K IR-FY14;page 10
0
w
r
ATTACHMENT C
Services to be provided:
s
(Insert a description of your organization including a list of the services that will be provided by
your organization under this contract.)
Contract-KACR-FY14;page I
PUBLIQ. 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 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 list."
Contract-KAKfFy,w�page 72
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
3
this contract without liability and may also, in its discretion, deduct from the contract or purchase
price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or
consideration paid to the former County officer or employee.
(signature)
Date: "
STATE O F t r
COUNTY OF Wc f
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
= e who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this day of
20L
NOTARY PUBLIC
My commission expires:
OMB - MCP FORM #4 T ,WILUR
ot�ry I m
y Comm, It f 12.2011
Contract-KAIR-FY14,page 13
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287O87h that:
(Name 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 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 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 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 ofChapter 893 /F/ohda 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 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 certify that this firm complies fully with the
above requirements.
/
STATE OF 16 nckoL-
SSij�
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
after first being sworn by me, (name of
...".,^" . ".y.../'y) u//.^eu his/her signature in the space provided above on this
�~ day of , 20[^�.
My commission expires:
NOTARY PUBLIC
sly
2017
2017
my Gomm 2017
CW
444
Contract-KAIR-R/14;pay* 14
�f
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Boys and Girls Clubs of Effective Date: 10/01/13
the Keys Area Inc. Expiration Date: 09 30 14
Contract Purpose/Description: Provides funding for facilitiesYouth activities and
development programs, and substance abuse education and prevention services for youth
in Monroe County.
Contract Manager:Laura deLoach-Hartle 4482
� Name OMB/Grants
r (Name) (Ext.) (Department)
for BOCC meeting on: 10=j 16 13 A ends Deadline: 1 00113
CONTRACT COSTS
Total Dollar Value of Contract: $99,000.00 Current Year Portion:Budgeted? Yes X No ❑ Account Codes: 001-03241-530340-$99,000.00
Grant: $0 -
County Match: $ -
Estimated Ongoing Costs: ADDITIONAL COSTS
(Not included indollar value above)yr For:
(eg. maintenance, utilities, janitorial, salaries,
etc.
CONTRACT REVIEW
Changes Date Out
Date In Needed Revi fiver
Division Director Yes❑ No❑
Risk Management ; � " Yes❑ No("'
O.M.B/Purchasing L"40 Yes❑ No[ -OJAP
County Attorney � � Yes❑ NoX] _ 3
Comments: AG
OMB Form Revised 9/11/95 MCP #2
AGREEMENT
This Agreement is made and entered into this 16th day of October, 2013, between the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as
Board or County, and Boys and Girls Clubs of the Keys Area, 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'
spiritual growth, and personal, social, physical, emotional and
0
WHEREAS, it is a 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, 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 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
NINETY-NINE THOUSAND AND NO/100 DOLLARS ($99,000.00) for fiscal year 2013-2014.
2. TERM. This Agreement shall commence on October 1, 2013, and terminate September
30, 2014, 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 a 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-Boys and Girls Clubs-FY14;page 1
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6. PURCHASE OF PROPERTY. All property, whether real or personal,funds provided under this agreement, shall become the property of Monroe County and shall be
purchased with
accounted for pursuant to statutory requirements.
RECORDKEEPING
>u�
u
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 of Determination 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 recom mend edjtaken;
(e) Copy of a 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) Organizations 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
Contract-Boys and Girls Clubs-FY141 page 2
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
Ay in Attachment C to residents of Monroe County, Florida.
w
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 attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
I against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in ap
pellate 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 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 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 is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
Contract-Boys and Girls Clubs-FY14;page 3
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)r which
Section 504 of the Rehabilitation Act of 1973p (as amenbits ded
ed 20 USC mination on 794 basisthe which f sex; 3)
), 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 (PL 92-255), 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 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 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
Contract-Boys and Girls Clubs-FY14;page 4
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.
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
Contract-Boys and Girls Clubs-FYI4;page 5
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.
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
1100 Simonton Street PO Box 1026
Key West, FL 33040 Key West, FL 33041
For PROVIDER
Dan Dombroski, Executive Director
Boys and Girls Clubs of the Keys Area, Inc.
1400 United St., Suite 108
Key West, FL 33040
305-296-2258
305-296-8475 FAX
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. 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 close as possible to the intent of the
stricken provision.
Contract-Boys and Girls Clubs-FY14;pace 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 TDFOLLOW]
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
ATTEST; AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
By BY
Deputy Clerk Mayor/Chairman
b Boys and Girls Clubs of the Keys Area, Inc.
a r
(Federal ID No. _� }
Witness
f
t
y
Witness Executive it
MON OE COUP TY ATTORNEY
APPROVED AS TO FORM:
C RI TI E P . UMBERT-BARROWS
ASSISTAN COUNTY ATTORNEY
Date m
Contract-Boys and Girls Clubs-FY14 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, as they relate totravel, are from the
Monroe County [ode 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 cornp|iancevviththis organiration's contract vvith 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 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 'ota|
hours worked, withholding information and paid payroll taxes, check number and check am , .
If Payroll Journal is not provided, the following information must be provided: pay period,~~'^t'-��--
k
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 reirnbursennent
For overnight or express deliveries, the vendor invoice must be included.
'
Rents, Leases, etc.
A copy nfthe rental or lease agreement is requined. Deposits and advance payments are not
allowable expenses.
Reproductions, Copies, etc.
A log of copy expenses as they relate tnthe 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-Boys and Girls Clubs'FY/4;page
S
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Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the date, the
number called, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the caller, the
telephone number, the date, and the purpose of the call.
(
Travel and Meal Expenses
3
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. A travel itinerary is appreciated to facilitate the audit trail. Auto rental
reimbursement requires the vendor invoice. Fuel purchases should be documented with paid
receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a
taxi from one's residence to the airport for a business trip is not reimbursable. Parking is
considered a reimbursable travel expense at the destination. Airport parking during a business
trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room
must be registered and paid for by traveler. The County will only reimburse the actual room and
related bed tax. Room service, movies, and personal telephone calls are not allowable expenses.
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 a 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.
Contract-Boys and Girls Clubs-FY14r page 10
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for (Organization name) for the time period
of to
Check # Payee Reason Amount
101 Company A Rent $ X,XXX.XX
102 Company B Utilities XXX.XX
104 Employee A P/R ending 05/14/01 XXX.XX
105 Employee B P/R ending 05/28/01 XXX.XX
(A) Total $ X.XXX.XX
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX
(D) Total contract amount $ X,XXX.XX
Balance of contract (D-C) $ X.XXX XX
I certify that the above checks have been submitted to the vendors as noted and that the
expenses are accurate and in agreement with the records of this organization. Furthermore,
these expenses are in compliance with this 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 20` by
who is personally known to me.
Notary Public Notary Stamp
Contract-Brays and Girls Clubs-FY14,page I I
ATTACHMENT C
i
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.)
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Contract-Boys and Girls Clubs-FY141-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
of a public building or public work, may not submit bids on leases of real property to public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list."
Contract-Boys and Girls dubs-t=Y14;page 13
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONRDE COUNTY, FLORIDA
ETHICS CLAUSE
rrants that he/it has not employed, retained or
otherwise had act on his/its behalf a'ny 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, comm�sslo-n-; entage, gift, or
consideration paid to the former County officer or emplo
Date:
STATE OF
COUNTY OF
PERSONALLY ADPEARED BEFORE ME, the undersigned authority,
who, aft erfirst being sworn by me, affixedher
) | signing) )n the spaces day of
, 20L �.
PUBLIC
My commission expires:
DMB - MCP FORM #4
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute287.O87 hereby certifies that:
(Name 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 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 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 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) 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 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.
O. 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, with the
above requirements. ,
STATE OF
(Signature of/Respon0ent)
COUNTY OF 61-7
Date
PERSONALLY APPEARED BEFORE ME,,the undersigned authority,
who, after first being sworn by me, (name of
individual sig i affixed his/her signat r i the space provided above on this
clif
20
My commission expires:
Contract-Boys and Girls Clubs'FYr4.page /5
MDNR0E COUNTY BOARD DF COUNTY COMMISSIONERS
AGREEMENT
This Agreement is made and entered into this 16th day of October, 2013, between the
BOARD [}F COUNTY COMMISSIONERS OF MONR0E COUNTY FLORIDA, hereinafter referred to as
"Board" or "County," and Florida Keys Outreach Coalition, Inc, hereinafter referred to as
"PROVIDER."
WHEREAS, the PROVIDER is a not-for-profit corporation established for the provision of
services such as shelter, transitional housing, case management and referrals for homeless
parsons 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 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 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 NC/100 DOLLARS ($43,000.00) for fiscal
year2013-2O14.
2. TERM. This Agreement shall commence on October 1, 2013, and terminate September
30/ 2014, 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 PRDVIDEA. 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 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.
G. 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.
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 to this Agreement for
public records purposes during the term of the Agreement and for four years h}||Ovv|ng 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 ofDetermination and GUlDESTAR printout indicating current 501(c)(3) status;
(b) List of the Drganization'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;
(o) 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;
(O <]nganization'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;
(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 Cio residents of Monroe County, Florida.
Contract-FL Keys Outreach Coalition-FY/4;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 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 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 on 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 |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 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)
which VI of the Civil Rights Act of 1964 /PL 88-352\ hi�h prohibits discrimination on the basis o'
Contract-FL Keys Outreach Qmfition-Fv/4;page 3
race, color ornational origin; 2\ Title lXofthe Education Amendment of1972, 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 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 {}Mice
and Treatment Act of 1972 (PL92-25S), 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 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. 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. 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
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 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 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
Contract-FL Keys Outreach Coafition'FY/4;page
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, 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
ottorney'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 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 |ovv 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 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.
Contract-FL Keys Outreach Coalition'FY/4;page 5
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 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 Monroe County Attorney
11OO Simonton Street P0 Box 1026
Key West, FL ]]O4O Key West, FL33041
For PROVIDER
Rev. Stephen E. Braddock, Chief Executive Officer
Florida Keys Outreach Coalition, Inc.
3154NorthsideDrive, Suite201
P.D. Box 4767
Key West, FL 33041
305-293-8189
]05-29]-8275FAX
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. 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 |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.
Contract-FL Keys Outreach Qmlition-FY,4;page
[THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW]
Contract-FL Keys Outreach Coalition-FY14;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) BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairman
-• Florida Keys Outreach Coalition, Inc.
(Federal ID No. 65-0409898 )
Witness
fitness Chief Executive Officer
ONROE COUNTY ATTORNEY
APPROVED AS TO FORM"
B�H�i1T11V N3. LIBr�'r-BA �Ow
ASSISTANT COUNTY AT'r€ RNEY
Date
Contract-FL Keys Outreach Coalition-FY14;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, as they relate to travel, 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 tn 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 organizetion'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 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 pnynn|| 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 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-FL Ke�ys Outreach CoexKon-FY/*;page 9
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
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 ofTravel
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. 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 fora 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 beatthe rate established by ARTICLE XXVI, 7-RAVEL, 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 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 O 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 )n the contrac1), contributions, depreciation expenses (unless specifically
included in the contract\, entertainment expenses, fundraising, non-sufficient check charges,
penalties and fines.
Contract-FL Keys Outreach&mfition-FY/4;page /0
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
50O Whitehead Street
Key West, FL33O4O
Date
The following is a summary of the expenses for ( ) for the time period
of _______ Lo______..
Check # Payee Reason Amount
101 Company Rent $ X,XXX.XX
102 Company Utilities XXX.XX
104 Employee P/R ending O5/14/O1 XXX.XX
105 Employee P/R ending O5/28/O1 XXX.XX
(A) Tota|
(B) Total prior payments $ X,XXX.XX
(C) Tota| requested and paid (Af' B) $ X,XXX.XX
(D) Total contract amount $ X,XXX.XX
Balance nf 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'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__ b
who is personally known tome.
Notary Public Notary Stamp
��-
Contract-FL Keys Outreach(oofi0nn-FY/4;page //
ATTACHMENT C
Our Mission is to provide homeless individuals and families with the resources and
opportunities by which to attain residential, financial and personal stability and self-
sufficiency. The FKOC further seeks to address the underlying causes of homelessness
and work toward its elimination in Monroe County, Florida.
FKOC provides homeless individuals and families with emergency shelter, transitional
housing, permanent supportive housing, case management, outreach/referral and food
assistance.
Services partially funded under this contract include operations and supportive services
for 122 residential beds in five facilities for homeless individuals and families;
specifically toward the cost of utilities, insurance and case management.
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 e bid on e 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 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 |ist."
Contract-FL Keys Outreach(oay8on'FY/^;page /3
SWORN STATEMENT UNDER ORDINANCE NO. 1O-199O
M{}NROE COUNTY, FLORIDA
ETHICS CLAUSE
Florida Keys Outreach Coalition, Inc. 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 oremployee.
Date:-
STATE OF Florida
COUNTY OF Monroe
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
Rev. Stephen E. Braddock _ who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this 19th day of
September , 20_]13_'
'NOTARY PUBLIC
My commission expires: 09/15/2018
R"Oy%j� Notary Public State of Florida
Expires=06126r2o 16
Marilyn H Smith
OMB ' MCP FORM #4My commission EE 193476
Contract-FL Keys Outreach Cnafim, 'pv/4;page /4
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Flo
(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
violations.
3. Gives each employee engaged in providing the commodities orcontractual 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 connrnnd|des 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 contendene to, any violation of Chapter 893 (Florida Statutes) orofany controlled substance
law of the United States or any state, fora violation occurring in the workplace no later than five
(5) days after such conviction.
5. 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 tncontinue 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 Florida
COUNTY OF Monroe September 19, 2013
Date
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
Rev. Stephen E. Braddock who, after first being sworn by me, (name of
/no/vmua/ signing) affixed his/her signature in the space provided above on this
lgth day of September 20�.3.
My commission expires: 08/I6/20I6
NOTARY PUBLIC
-0 oy A0 Notary Public State Of Florida
Marilyn H Smith
MY commission EE 193476
Y-,j
OF N Expires 06126/2016
Contract-FL Keys Outreach Coa0tiom-FY/4;page ,5
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Burton Memori.al United Effective Date: .10/01/13
Methodist Church
Expiration Date: 9/30/14
Contract Purpose/Description: Provides funding for a food .pant[y and a free weekly
com iunitv dinnpr for rikgrix-ritaged reside.nts in Monroe County.
Contract Manager: Laura deLoach-Hartle 4482 OMB/Grants
(Name) (Ext.) (Department)
[_for BOCC meeting on 1,0j16 2013 Agenda Deadrine: 1.0�01 20�13
J____ _____j
CONTRACT COSTS
Total Dollar Value of Contract: $5,000.00 Current Year Portion: $5,000.00
Budgeted? YesZ No Ej Account Codes: 001- 03256 -530340-_-
Grant: $Q,00
County Match: $_
ADDITIONAL COSiS—
Estimated Ongoing Costs: $ r For:
(Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries,
L — etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director YesD Nor-1
Risk Manage
IL"Ll
ment YesE-1 Noo/'�'
t5c/
O.M.B./Purchasing 13 Yesr-1 NoE/1 LO-L/5
County Attorney Yesr-1 Nom (4
41�
Comments:
L—
OMB Form Revised 9/11/95 MCP #2
AGREEMENT
This Agreement is made and entered into this 16th day of October, 3013, between the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA, hereinafter referred to as
^Board" or "County," and Burton Memorial United Methodist Church, hereinafter referred to as
"PROVIDER."
WHEREAS, the PROVIDER is a not-for-profit corporation providing for the provision of a
food pantry for disadvantaged persons, and
WHEREAS, it is a legitimate public purpose to provide facilities and services for 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:
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 the provision of o food pantry for disadvantaged persons of Monroe
County, Florida, shall pay to the PROVIDER the yunn of FIVE THOUSAND AND NO/100 DOLLARS
(¢5,000.00) for fiscal year 3013-2014.
2. TERM. This Agreement shall commence on October 1, 2013, and terminate September
30, 2814, 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 ay complying with Monroe County Code
of Ordinances, State |avvy 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 organizaUon'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 yurn 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-Burton Memorial United Methodist Chumh-FY/4;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.
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 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 Lo 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 tothe
County the following (items A-H must be provided prior to the payment of any invoices):
(a) IRS Letter ofDetermination;
(h) List of the Orgonizotion'y Board of Directors of which there must be at least 5 and for each
board member please indicate when elected or appointed to serve and the length of term
of service;
(c) Evidence of annual election or appointment of Officers and Directors;
(d) Unqualified audited financial statement from the most recent Myoa| 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) Onganizabon'y Corporate Bylaws, which must include the organizaUon's mission, board and
membership composition, and process for election of officers;
(f) Organization's Policies and Procedures Manual which must include hiring policies for all
staff, drug and alcohol free workplace provisions, and equal arnp|oyrnenL opportunity
provisions;
(g) Specific description or list of services to be provided under this contract with this grant
(see Attachment C);
(h) 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
(j) 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 Lo substantially and satisfactorily perform and provide the services outlined
in Attachment Cto residents of Monroe County, Florida.
Contract-Burton Memorial United Methodist Cxum»'FY/4;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 aLtorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include aLtorney'yfees, 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 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 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 toorregulating
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 |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 data of the court
order. County or PROVIDER agree Lo 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-Burton Memorial United Methodist Church'FY/4;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 y. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42
USC as. 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 (PL91-516), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; 7) The Public Health Service Act of1913, sy. 533 and 527 (43 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 (43 USC 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 USCs. 1201 Note), as maybe amended from time Lotime, 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 on 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 rneaL 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, Lo 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 Lo 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 subiect 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 Sac. 768.28,
Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the
aCqViS|UVn Of any oornrDeroia| liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
Contract-Burton Memorial United Methodist Cxuoch'FY,*;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 aythe County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and e 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 expanses (including
atLurney"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 |avvy, 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 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 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,
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-Burton Memorial United Methodist Cxurc»'FY,4;page 5
constitute one and the yarna instrument and any of the parties hereto may execute this
Agreement bvsigning 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:
for1���
Grants Administrator and Monroe County Attorney
11OO Simonton Street PO Box 1O3G
Key West, FL33O4O Key West, FL3]O41
For PROVIDER
Kerry Foote
Burton Memorial United Methodist Church
930D1 Overseas Hwy.
Tavernier, FL 33870
305-852-2581
305-852-4917FAX
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 yarna conditions or covenants or otherwise.
36. SEVERA0|ILITY. 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 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.
[-[HIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW]
Contract-Burton Memorial United Methodis,Chmrch'FY/4;page
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST; AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairman
Burton Memorial United Methodist Church
,a
(Federal ID No. t )
I r With ss�
y'
itness
01
ONP OF COUNTY" ATTORNEY
APPROVED AS TO FORM"
4HRS1 �ML�ME - ARR0
ASSIST NI C0 TY ATTORNEY
Dote
Contract-Burton Memorial United Methodist Church-FY14;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 |avvy 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 organizaUon'y 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 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 on 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 30urna| 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 ]ourna| 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 expenses as they relate to the County contract is required for reimbursement.
For overnight or express deliveries, the vendor invoice nnuyL 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 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 ur services ordered, a vendor invoice is required.
Contract-Burton Memorial United Methodist Cxmch-FY,4;page
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 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 regu|ationy. '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 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 ofOrdinances. 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 rotes established by ARTICLE XXVI, TRAVEL, PER DIEM,
MEALS, AND MILEAGE POLICY ofthe Monroe County Coda of Ordinances. Meal guidelines state
that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 3
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 |n the contract), entertainment expenses, fundraising, non-sufficient check charges,
penalties and fines.
Contract-Burton Memorial United Methodist C»unch'Fv/*;page 8
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500VVh}tehead Street
Key West, FL33O4O
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.XX
104 Employee P/R ending U5/14/U1 XXX.XX
105 Employee P/R ending O5/28/O1 XXX.>U(
(A) Tota|
(B) Total prior payments $ X,XXX.X%
(C) Tota| requested and paid (A + B) $ X,XXX.XX
(0) Total contract amount $ X,XX%.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'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 rne this ____ day of 20 b
who is personally known tome.
Notary Public Public Notary Stamp
Contract-Burton Memorial United Methodis,Church-FY/4;page /o
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.)
Contract-Burton Memorial United Methodist Church-FY14;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
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 387.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
Contract-Burton Memorial United Methodist Church-FY14;page /2
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY FLORIDA
ETHICS CLAUSE
Zt�rr\-i Q4-e, warrants that he/it has not employed, retained or
otherwise had act o 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, commilssion, percertfa'age, gift, or
consideration paid to the former County officer or empl y
STATE OF
COUNTY OF
PERSONALLY undersigned authority,
who, after first being Sworn by me, affixed his/her
signature (name ofindividual signing) in the space provided abo this day of
/ 2O_(3�.
IrOYARY PUBLIC
My commission expires- �
44*1'111�1 Cominission#EE 221875
OMB - MCP FORM #4
M.-
Contract-Burton Memorial United Methndis/Church-FY/4;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
violations,
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 orcontractual services that are underbid, the ernp|oyeewiU abide by
the terrnsof the etatennentand vvi|| notify the ennp|oyerof any convic±ionof, or plea of guilty or
no|o contmndere to, any violation of Chapter 89] (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, 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, 11 ith the
above requirements.
STATE OF
COUNTY OF
I Date
PER� NALLY APPEARED BEFORE ME, the undersignedauthority,
who, after first being sworn by me, (name of
individual s/�m|ng) affixed his/her signature in the space provided above on this
" �.
2 u�~�_.
My commission expires:
TIFFANY L.KATZ
Expires November 23,2016
Contract-Burton Memorial United Methodist C»unch'FY14;page ,4
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: The Good Health Clinic Effective Date: 10/01/13
Expiration Date: 9/30/14
Contract Purpose/Description: provides health care services for disadvantaged persons in
the Upper Keys of Monroe County.
Contract Manager: Laura del-oach-Hartle 4482 OMB/Grants
(Name) (Ext.) (Department)
for BOCC meeting on 10J16L13 _ Agenda Deadline- 1.0/01/13
CONTRACT COSTS
Total Dollar Value of Contract: $60,000.00 Current Year Portion: $60,000.00
Budgeted? Yes® No F-1 Account Codes: 001- 03226 -530340-
Grant: $0.00
County Match: $_
ADDITIONAL COSTS
Estimated Ongoing Costs: $----Jyr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries,
L etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director YesD NoD
Risk Management YesM Noa'
5113 O.M.B./Purcls"ing YesM NoOPIM tyi�-, 3j 3 L
"!X'County Attorney -5 YesFj No
Comments:
OMB Form Revised 9/11/95 MCP #2
AGREEMENT
This Agreement is made and entered into this 16th day of October, 2013, between the
BOARD OF COUNTY COMMISSIONERS OF MDNRDE 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 tndisadvantaged residents in the Upper Keys area, and
WHEREAS, it is a legitimate public purpose to provide facilities and services related to
health cane 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:
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 health care for disadvantaged persons living in Monroe County, Florida,
sha(l pay to the PROVIDER the sum nf SIXTY THOUSAND AND N[V100 DOLLARS (�b0,000.00) for
fiscal year2O13-2O14. ' '
2. TERM. This Agreement shall commence onOctober 1, 2013, and terminate September
30, 2014, 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 of this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior tosubmission.
`
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.
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 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 tnthe
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 5O1(c)(3) status;
/b> List of the Drganization'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;
(O Organization's Corporate Bylaws, which must include the organization's mission, board and
membership composition, and process for election of officers;
(g) Organizatinn'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 dote.) 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 |mvvs,
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. 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
Contract-Good Health C0vic-Fv/4;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'yfees, 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 foe, 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 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 1954 (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
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 of1975, as amended (42
Contract-Good Health C0nic-Fv/4;page 3
USC ss. 6101-6107\ which prohibits discrimination on the basis of age; 5) The Drug Abuse Office
and Treatment Act of 1972 (PLS2-355), 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 Americanswith
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 be attempted to be resolved by meet and confer
sessions between representatives of each of the partiea. 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 tn 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 inany 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 bedeemed to impose any obligation upon the Board in addition tn 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
extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
Contract-Good Health Cm,ic'Fv/4;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-Good Health Clinic-FY14;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 Monroe County Attorney
11OO Simonton Street PO Box 1O26
Key West, FL ]3O4O Key West, FL ]3O41
For PROVIDER
Executive Director
The Good Health Clinic
91555 Overseas Highway
Tavernier, FL 33070
305-853-1788
305-853-1789FAX
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 o forfeiture for any succeeding
breach, either of the same conditions or covenants or otherwise.
36. SEVERAKBILITY. 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 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 CW,ic-Fv/4;page 0
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL) BOARD C>F COUNTY COMMISSIONERS
ATTEST: AMYHEAVIUN, CLERK OFMONR{)ECOUNTY, FLORIDA
By B
Deputy Clerk Mayor/Chairman
The Good Health Clinic
(Federal IONo. \
Witness
�
By
Witness �� ExecutivP [>irertor
K8[}NROE COUNTY ATTORNEY
APPROVED AS TO FORM:
CHRISTI
ASSISTANT
Date
Contract-Good Health(linic'FY/4;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 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 tn the vendors asnoted 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'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 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 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 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-Good Health Clinic-Fv/4;page B
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 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 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. 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 reimbursable travel expense at the destination. Airport parking during a business
trip |snot.
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 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 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 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 nf the 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 expenses (unless specifically
included in the contract), entertainment expenses, fundraising, non-sufficient check charges,
penalties and fines.
Contract-Good Health(Xinic'FY/4;page 9
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board nf County Commissioners
Finance Department
5OO Whitehead Street
Key West, FL3304O
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.XX
104 Employee p/R ending O5/14/01 XXX.XX
105 Employee B P/Rending 05/28/01 XXX.XX
(A) Total
(B) Total prior payments $ X,XXX.XX
/C\ Total requested and paid (A + B) $ X,XXX.XX
([}) Total contract amount $ X,XXX.XX
Balance of contract (O-C)
I certify that the above checks have been submitted tn 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 orgonizotion'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-Good Health Cli`ic'FY/4;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.)
The Good Health Clinic
The Good Health Clinic is a nonprofit 501(c)(3) organization that exists to serve as a primary
healthcare home for the uninsured living and working in the Upper Florida Keys.
Our scope of services to be provided under this contract with the Board of County
Commissioners of Monroe County, Florida includes the following:
• Primary care medical services
Referrals for specialty care medical services
• Care coordination
Prescription medications
Referrals for vision care
Prevention and wellness services
Thanks to Monroe County for helping us continue to provide these important services.
Contract-Good Health Clinic-FY14;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 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 fora period nf36
months from the date of being placed on the convicted vendor list."
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONRDECOUNTY 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 3 of Ordinance
No. 10-1980. 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 contractor purchase
price, or otherwise recover, the fu|l amount of any fee, commission, percentage, gift, or
consideration paid to the former County officer oremployee.
STATE OF
COUNTY OF
PERS0NALLYAPPEARED 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: `
My
EXPIRES:Februa
OMB - MCP FORM #4
Contract-Good Health 0hic-FY/4;page /3
DRUG-FREE WORKPLACE FORM
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
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 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 contendere to, any violation of Chapter 893 (Florida Statutes) or ofan , 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.
G. Imposes a sanction on, or require the satisfactory participation in 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 that this firm complies fully with the
above requirements. .
STATE OF _e��-�' �
(Signature of Respondent)
COUNTY OF
bate
PERSONALLY APPEARED BEFORE ME, the undersignedauthority,
who, after first being sworn by me, (name of
/no/v/oua| signing) affixed his/her signature in the space provided above on this
20_��'
Ae
My commission expires:
r ^'� BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
UNTYSo �MONROE —�� Mayor Pro Tern Heather Carruthers,District 3
KEY WESTLORIDA 33040 Danny Kolhage,DI+strict 1O1
I305)294-46 1 Sylvia Murphy, District 5
David Rice,District 4
Laura deLoach-Hartle _
Grants Administrator
1100 Simonton Street
Key West, Florida 33040
deloachhartle-laura@monroecounty-fl.gov
MEMORANDUM
October 10, 2013
TO: Monroe County Board of County Commissioner's
Tina Boan, Budget Director
FROM: Laura deLoach-Hartle, Grants Administration ff
RE: Additional Information for Agenda Item's C43 and C45, Approval of Agreement
With Monroe Council of the Arts Corporation and Approval of Fiscal Year 2014
Contracts With Non-Profit Organizations Funded By The Board of County
Commissioner's Through Recommendations of The Human Services Advisory Board
(HSAB)
This memorandum is to provide you with additional information regarding the above
referenced agenda items, C43 and C45. Services to be provided are defined in the
Attachment C of the agreements which are completed by the contract Providers. The
Attachment C's are reviewed by staff and included in the agreements.
For Agenda Item C43, the Monroe Council of the Arts Corporation d/b/a Florida Keys
Council of the Arts provides an Overview of the Florida Keys Council of the Arts with
their request for funding. This document serves as their Attachment C to the
agreement and was inadvertently not included with their contract documents. The
document is attached.
For Agenda Item C45, this year we have twenty-seven HSAB agreements. The
following are Attachment C's which were not available and had not been provided by
the agenda deadline and therefore were not included in the original agenda packet.
I apologize for this inconvenience and appreciate your consideration of these items.
Should you have any questions please do not hesitate to contact me at 292-4482.
ATTACHMENT C
Overview of the Florida Keys Council of the Arts
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
l
promoting the arts throughout Monroe County. The council endeavors to make the arts a part of
the fabric of daily life.
Vision Statement:
The vision of Florida Keys Council of the Arts is to enrich the arts and enhance the
cultural heritage of the Florida Keys.
Mission Statement:
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
raisin private funds and then to administer the various grant programs. Although many arts
c.a s 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 2012, FKCA has awarded $712,643 in privately-raised
funds and grants to literary, visual and perfori-ning 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 $4.9 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,
telephone and travel expenses.
Contract-Monroe Council of the Arts-FY14
Florida Keys Council oft e 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. Sherry Phillips of Big Pine Key, Chair
b. Tom Butler of Key Largo, Vice-chair
c. Judy Harris of Ocean Reef, 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. Lucy Carleton of Key West
b. Greg Charleston of Key West
c. Susann D'Antonio of Big Pine Key
d. Karen Leonard of Key West
e. Michael Marrero of Key West
5. Alternate Board
a. Cris Sandifer of Key Largo
b. Lois Giffen of Marathon
c. Keith Bland 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. Juliet Gray of Key West
g. Bonnie Greenberg of Marathon
h. Gayle Hewlett of Marathon
i. Deborah Mermelstein of Key West
j. Michael Mayer of Key Largo
k. David Miles of Sugarloaf
I. Elizabeth Miller of Key West
m. Nancy Perez Miller of Key Largo
n. Anne O'Shea Quattrini of Key West
o. Michael Philip of Key West
p. Mark J. Pierson of Key West
q. MaryCarlin Porter of Key West
r. William Porter of Key West
s. Jessica Reilly of Key Largo
Contract-Monroe Council of the Arts-FY14
. .
t. Christine Scursc|& ofKey West
u. Michael Shields of Key West
v. Christopher Shultz of Key West
vv. Joyce Stahl of Key WcmL
z. Marcia Somersy|| of Key West
y. Dean Walters of Sugarloaf, Past Chair
z. C)unie|y Woody of Is|ymorydy
uy. David Harrison Wright of Key West
Services to be provided by the
Florida Keys Council nf the Arts under the 20\3/l4 Agreement with the
Board of County Commissioners of Monroe County, Florida
The current staff consists of two full time persons, the Executive Director, Elizabeth Young and Business
&4unxger`]odo|| Roberts. They are assisted by two part-time people, Administrative Assistant, Aundriu
VunBourgondicu (three days per week) and Membership Specialist, 0oon Gtunhouao (two days per week)
and two part-time coutractnrx. Murkedng /Pu6\ic Relations Specialist, Shannon Lynch and VVe6oite
Administrator, Kati Van Aornum, volunteers, including board members, also provide vu|uu6|o services
to the operations.
The Responsibilities of the Florida Keys Council of the Arts (F}{CA) staff are usfollows.
|. Provide professional support and technical assistance to the FKCA board:
u. Provide leadership, vision and advocacy for omulti-service Arts Council through
fundraising, arts education, granting, providing technical assistance to artists and
cultural organizations within the Florida Keys and providing cultural in[bnnudou to
visitors and residents.
b. Prepare agendas and reports for the F}{C/k board
u. Present the above infbnna1ion at board and committee meetings and be yvyi|yb|c to
provide additional information relating to these matters at and between the meetings
d. Implement the mission, vision, stnkcQiu goals and objectives of the organization as
set bythe Board.
e. Provide y central point of contact iu the promotion of the arts, artists and cultural
organizations in the county.
f. /kut us advocate and liaison in contacts with the community, media, county
commissioners, and cultural organizations both within and outside the county.
Py�iuipu1� inm�ut� undna1ionu| �uonomiusurv�yda1uuo||�uhonynd ��po�iuQ �O0|ts
� .
h. Engage in public speaking and public advocacy for the u�sand the /k�sCounuU.
Engage in event planning and implementation in partnership with other community
/. organizations such as MARC Bouec, Tropiu Cin�mu, }�cy W��� &�yridme Society.
J. Provide program management and development
k. Manage and update y comprehensive web site
|. Maintain uuomprmhensive database
m. Collect and disseminate cultural event information
n. Provide staffing functions including supervising, hiring, firing, evaluating and daily
directions
uo^troct-xvo^'me Council nf the A'ts-pm4
o. Manage the revolving art in public buildings program in ten county buildings plus
commissioners' offices.
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 inforrn the
Board of all major initiatives undertaken by these organizations.
v. Engage in development and nurturing of a continuous finding 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 Susann D'Antonio, Chair, Nance Frank, Jeffrey
Harwell, Beth Kaminstein and Nancy Perez Miller.
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
i. 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
. 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.
Contract-Monroe Council of the Arts-FY14
. .
]. Provide professional support and technical assistance to the Cultural Umbrella (CU)
committee nf the Tourist Development Council (TDC)
i Serving on the committee this year one Sherry Philips (chair), Mimi }{o|ck,
Ann Lynch, Bunnie Smith and Laurie Wickham.
o. Prepare agendas and reports for the C0committee
b. Present the above infbnnetion at board and committee meetings and be available to
provide additional information relating to these matters at and between the meetings
u. Provide uucr4ru| point of contact in the promotion of the Cultural Omnbrc||u
d. Conduct workshops in }{cy West and Tu|umnoradu1oassist organizations in completing
their grant applications.
c. /\ut as liaison in contacts with the community, media, county commissioners,
and cultural organizations within the county.
f. Interact effectively with staff of the TDC" NcvvmnonPR /\uuouia1cs and Tinsley
Advertising
g. Manage funding applications as described in (7.) below
4. &dvcdiuc all meetings of the F}{C/\ board, /\TPP, Cultural Omnbrc||o and other committees
pursuant to Florida's Government in the Sunshine standards.
o. P|ouc advertising in three county ncvvupuperu with paid circulation prior toeach
meeting
b. Record, transcribe and distribute the meeting minutes
5. Manage additional ud in public buildings programs not_under the supervision of the &lPP
committee
o. /\,t on display in public buildings program
i Coordinate the rotating (on loan) art in public buildings displays in c|cvcn
public county buildings plus commissioners' offices.
ii Support the volunteer curators
1 . Go10 Cigar Factory Building (3uuunn Q'/\n1onio)
2. Historic Key West Courthouse (Isabel DcSuntis)
3. Freeman Justice Center (8uuunnD'/\ntonio)
4. "/\,tport" at the Key VVcut International Airport (Nance Fronk)
5. Lower }{cyu Medical Center Main Ro|| (8uuonn D'/\ntonio)
h. /\mncriuun Cancer Society (Carrie Rc}|icucn)
7. Marathon Government Centcr (F}{C/\ 8tuM)
Q. Marathon Government Annex (Susan Hover)
9. Marathon Airport (3uuonn D'/\ntonio)
10.Murray B. Nelson Gov't. & Cultural Center (Cdu Sandifer)
11.Plantation }{cy Courthouse (Cris Sandifer).
h. Arts in the Hospital
/ FKCA coordinates the visual arts pnugoynom in Lower Keys Medical Center,
including u first floor gallery of visual art and mural in the uhi|Jncn'u wing in
cooperation with the hospital's CEO.
controct-wonme Council«f the A,ts-pvz4
. .
6. Secure non-county funds such as grants and private donations to support grants, programs,
aervir.em,audysuho|oryhipy for local residents listed here and more fully described in (V)
through ( |5),below.
u. Adia1a in Schools
b. AdQeuuh
u. Key West Writers Guild Award
d. Tropic Cinema Leader Project
c. South Florida Cu|iuos| Consortium Visual and Media Artist Fellowship
[ Special Project Grant
g. Ada in Boapi1o}
h. Dance and Band Camp Scholarships
i. Hurricane Emergency Grants
7. Manage Cu|1uos| Umbrella grant program, funded by tourist-tax dollars, under uoniruu1 to the
Tourist Development Council and described in (|5), below.
8. Manage all of the above-mentioned grant programs
a. Develop guidelines and criteria for grant applications
b. Post applications on intecnet aiiehttp://vvvvvv.keyaarta.uom
u. 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 ofagreement and reporting documents
|. 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 ofgrantee final report
p. Compile and record statistics: persons served, demographics
4. Secure funds and administer Artists in Schools grants
u. Artists in Schools grants are funded in part by the sale of Florida State of the Ada
license plates and matched by RQCC funds.
b. $7,550 was awarded in the most recent completed fiaum| year.
i. 2,587uhi|dren were served in the most recent completed fiauu| year.
ii. To date, $106,385 has been awarded in Artist in Schools grants
c. Artists in Schools projects, artists, teachers, and schools were:
/ Fabric Art with artist Margo Ellis and teacher Christine Bhunie at Gerald
Adams Elementary School;
/i. Florler &z//roud 800th Aoo/vec,u�/ Mural with artists Lynn Lamont, Janice Lee
and Cris Smnidhzr and 1cuuhcr Frances young at |a|mod Christian School;
iii. 8ruxx &4pex with artist organization Foothills Brass Quintet and teacher Joseph
Rayhi|| at Marathon Middle& Digh schools;
c0000ct-mmnme Council^y the A,ts'Fn4
iv. Imagination through Synthesization with artist Kristi Ferrise and teacher KelTi
Modzewkewski at Stanley Switlik Elementary;
v. Music Mentors with artist Keys Community Concert Band Members and
teacher Susan Bazin at Key Largo Middle School;
vi. Students Can You Meet the Challenge with artist Connie Hauk and teacher
Hazel Hartman at Big Pine Academy Charter;
vii. Styles of the Great Masters with artist and teacher Carly Lyons at Grace Lutheran;
viii. Wild Dreams -Discovering Henry Flagler Alive with artist Paul Jel I ineck and
teacher Mr.Oser at Marathon High School;
ix. Shakespeare in School with artists Tammy Shanley, Judy Hadley and teachers
David Erhard, Janice Chiesa, Elena Delgado and Sandra Pew at Key West High
and Key Largo Schools;
x. Dancing Classrooms with mtists Nina Locardi, Lucy Carleton and teachers
Tarin Arlatti, Ramonita Garrido and Holli Roberts at Key Largo School,
Marathon High School and Glynn Archer Elementary.
10. Secure funds and administer Art each grants
a. Art each grants are privately funded and matched by BOCC funds.
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 Art each grants.
d. Art each projects, artists and their partners were:
i. Art at the Deli by Roger Cunningham partnered with Goldman's Deli;
ii. Contemporary Cuban American Artists Exhibit by Sandy Rico partnered with
San Carlos Institute;
111. Flutterbys of the Florida Keys by Bern Harty partnered with Key West
Tropical Forest & Botanical Garden;
iv. Key West Fringe Theatre -Dinner by Monnie King partnered with Key West
Woman's Club;
v. Random Acts of Culture by Foothills Brass Quintet and Jay Michalak partnered
with Florida Keys Concert Association;
vi. Soup-A-Bowl by Be The Change of the Florida Keys and Michele Sutter
partnered with St. Columbia Episcopal Church.
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.
d. Richard deGrasse of Marathon received the award this year for his novel in progress
Haitian Relief
Contract-Monroe Council of the Arts-FY14
12. Secure funds and administer Special Project Grants
a. Special Project Grants are privately funded and made possible, in part, by the 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$16,000 for their Learn to Juggle
Today workshops and performances at six schools throughout Monroe County. Over
2, 162children were served by this program.
d. To date, $132,000 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 Miami-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
Miami-Dade, Broward and Palm Beach counties. Monroe's participation is made
possible, in part, by the BOCC funding.
c. To date, Keys' artists have received over $115,000 in these awards.
d. Visual artist, Nellie Appleby of Key West received the 2012 $15,000 fellowship. The
2012 winner has not been announced yet pending the national panel review in late
May.
14. Secure funds and administer a band camp scholarship
a. Scholarship is privately funded and made possible, in part, by the BOCC funds
i. This year's award sponsored two talented music students. One middle
school student attended Interlochen, and one high school student received
Support to attend Eastman School of Music.
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. These organizations received funding last year:
i. Florida Keys Art Guild
ii, Florida Keys Birding &Wildlife
iii. Florida Keys Community Concert Band
iv. Florida Keys History of Diving Museum
%,. Marathon Community Theatre
i. Marathon Garden Club
ii. Pigeon Key Foundation
iii. Lower Keys Chamber
ix. Key West Art Center
x. Key West Art & Historical Society
Contract-Monroe Council of the Arts-FY14
xi. Key West Botanical Garden Society
xii. Key West Council on the Arts-Impromptu Concerts
xiii. Key West Film Society-Tropic Cinema
xiv. Key West Garden Club
xv. Key West Harry S.Truman Foundation
xvi. Key West Literary Seminar
xvii. Key West Players-Waterfront Playhouse
xviii. Mel Fisher Maritime Heritage Society
xix. Merging Ideas Development Arts Corp.
xx. Monroe Association for ReMARCable Citizens
xxi. Morada Way Arts & Cultural District, Inc.
xxii. Old Island Restoration Foundation
xxiii. Red Barn Theatre
xxiv. St. Paul's Episcopal Church
xxv. The Studios of Key West
xxvi. Upper Keys Business Group
1 . Partner with TC, and secure tourist tax and non-county funds such as grants, ad revenue
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 http://www.keysarts.coi-n
a. FCA's website provides complete information for visitors and residents about arts
and culture in the Keys, from Key Largo to Key West
b. Itprovies contact information and direct links to all cultural organizations located in
the Keys
c. It provides details about FKCA and its vision, mission and services
. Governing documents such as the articles of incorporation, bylaws and annual audits
are posted
e. Board and staff members are listed
. 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 and the public 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
. Press releases are posted
I. A It in Public Places installations are posted.
18. Recruit and retain members
a. Recruit new members in person and via mail campaigns
b. Create annual campaigns for new patrons of the arts
c. Create annual renewal campaign for current members
. Compose solicitation letters and e-mails
Contract-Monroe Council of the Arts-FY14
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 like membership parties and
fundraising events
k. Attend committee meetings as needed
I. Coordinate design of invitations
. Secure printing bids
n. 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
d. Maintain files and keep office organized
e. Ensure smooth daily operations of FKCA
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
f. Track expenses to grants
g. Collect and report sales and sales tax statistics.
h Report on use of license tag funds
L Invoice and process payments
1 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,
in. 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.
Contract-Monroe Council of the Arts-FY14
. .
SUMMARY
The Florida Keys Council of the Arts is 501(c) (3) corporation serving aouhUc
purpose. It has been in ucontractual relationship with local county government since 1997.
FKC/\ 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 65-07]75]2.
Governing documents, including the articles of incorporation, bylaws d strategic planare
available for review on the arts couucil's award-winning wehsite, wxvw,keys arts.co '
FKC/\ 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, PKC/\ serves local residents
including school children and the elderly. F}{C/\ connects local artists and arts organizations
with one another, with their audiences and with the world.
It acrvcy 73,090 local residents and three million visitors annually. /\ nine-member board of
directors guides the council, assisted by three alternate directors, three directors emeritus and
twenty advisory board mcnnhccy. Daily functions are carried out by the cxcoudvc director, staff,
and valued volunteers.
F}{C/\ 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, Dopunoucnt of State, Division of Cultural Affairs, the Florida Council on Arts and
and the I�o1ionu! Endowment for the /\ns
Culture, '
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.)
BRIDGING THE GAP WITHIN WOMANKIND'S SERVICES— Womankind repeatedly
experiences heartbreaking scenarios in which low-income, uninsured patients present for services, but
do not qualify for free or sliding scale services because of restrictions placed on our federal Title X
funding. This funding is limited to those patients of reproductive age who are seeking reproductive
health/pregnancy-prevention services only. Menopausal women, those with a tubal ligation or
vasectomy, or those seeking care for a primary care (such as diabetes or hypertension) do not qualify for
Title X services per federal guidelines. We are asking the HSAB for financial support to create a fund
so that these patients who "fall through the gap" are able to access potentially life-saving medical care.
This will allow the agency to establish a sliding scale for services for those seeking care but do not meet
Title X criteria, and do not qualify for Medicaid or other insurance becoming available in 2014 through
the Affordable Care Act (ACA).
GYNECOLOGIST— Womankind is currently limited in our scope of practice, because we utilize nurse
practitioners and a physician assistant for medical care. Secondary care procedures, such as a
colposcopy to further diagnose an abnormal pap test, must be referred to private practice gynecologists
in town. Frequently the cost of medical care at a private gynecologist is prohibitive for low-income,
uninsured women. Womankind's executive director has worked with local hospitals to attract a
qualified gyn, who has recently relocated to the region. In a staff sharing partnership with Fisherman's
Hospital, Womankind seeks to hire Dr. David Forest to provide gynecological procedures to low-
income, uninsured patients at Womankind.
RENT/UTILITIES—Womankind increased our clinical capacity in 2011 via a move to a larger, more
centrally-located space. The HSAB was a critical partner in the 2012-2013 fiscal year, helping
Womankind to meet the monthly cost of our new facility. We are requesting continued HSAB support
for rent and utilities in 2013-2014, so that the agency is able to sustain increased service delivery from
our new building.
Contract-Womankind-FY14; page 11
ATTACHMENT C
Services to be provided:
We are requesting partial funding for our Adult Day Training Services (ADT)which
covers the entire Keys but are physically located in Key West and Tavernier. Our
Marathon clients are usually served in our Tavernier program now renamed "The
Michelle Synder Upper Keys Program"after along term dedicated staff member who died
of cancer two years ago. Our Adult Day Trainings supports individuals with
developmentally disabilities in daily valued routines of the community. These services
stress training in the areas of self-help, adaptive social skills, vocational training,job
training, life-skills and are age and culturally appropriate. We also do Supported
Employment from our Adult Day Training sites. Although these programs are facility
based, a small group approach (4-6 clients with a supervisor in the community) go out to
job sites to learn appropriate work skills and employment income. Transportation is a
major component of this program.
Adult Day Training: We provide services to clients that support the individual in daily
valued routines of the community, which include vocational (horticulture, janitorial, and
food preparation), financial, self-help, and adaptive and social skills. We have two ADT
sites one in the Upper Keys and one in Key West. We also operate a retail plant
store and small cafe at our Key West ADT site and a Thrift Shop at our Upper Keys site.
Supported Employment: We provide training, assistance and long term support to
individuals throughout the Keys in order for them to obtain and sustain paid
employment at minimum wage or above.
Community inclusion/Companion: We provide activities to individuals in
community-integrated settings from Key West to Key Largo. These services
support the individual in valued roles in the community, are age and culturally
appropriate and increase the individual's ability to control the environment and
development of friendships with non-disabled persons. We also offer Companion
Services for one on one travel within the community when needed.
Transportation: We provide rides to and from home, community based services and
medical/dental appointments to enable an individual to receive the supports and services
they need.
Contract-MARC-FY14;page 11
ATTACHMENT C
Services to be provided:
Rural Health Network of Monroe County Florida provides medical and dental services to
Monroe County, including but not limited to the following;
o Physical Examinations, including school examinations for children and adolescents
o Adult Services
o Pediatric Services
o Wound Care
o HIV Testing
o STD Testing
o Woman's Health Exams
o Health Education and Prevention
o Laboratory; in-house, hospital, LabCorp& Quest
o Pregnancy Testing
o Vision and Hearing
o Pharmaceutical Assistance and 340B pharmacy pricing
o Immunizations/Vaccinations
o Basic First Aid
o Referral Services; 340B Pharmacy, Behavioral Health, Pediatrics, Obstetrics and care for the homeless.
Oral Health Related
o Oral Health Screenings/Exams
o Free Oral Cancer Screenings using"State-of-the-Art" VELscope Vxtm
o X-rays-digital
o Fillings
o Extractions
o Free Dental Sealant Services
o Dentures (Partial and Full)
o Fixed Prosthodontics work(crowns)
o Limited Emergency Care
o Infection Control
o Cleanings
o Deep Cleanings
o Whitening
o Cosmetic dentistry
o Night guards
o Sport mouth guards
o `from age 2-to senior adults
Who Qualifies
o Anyone wanting an appointment for healthcare service (s);we take most insurances and Medicaid/Medicare.
o The uninsured/underinsured
o Those unable to afford private practice healthcare
o The homeless&The working poor
o Walk-Ins welcome
Contract-Rural Health Network-FY14;page 11
ATTACHMENT C
Services to be provided:
Soup kitchen for an average of 30 people/day, seven days per week
Transitional housing for 10 men committed to making positive lifestyle changes, working,
improving health
Laundry facilities available daily
Shower facilities available daily
Educational classes on job search, health, legal documentation, anger management, smoking
cessation, etc.
Periodic health screenings and vaccination clinic
AA meetings five days/week
Case management
Contract-Independence Cay-FY14;page 11
ATTACHMENT C
Services to be provided:
FOOD—KAIR is a certified food pantry through the regional food n Feeding South Florida and provides more than 12,000
pounds of food every month to local families from Big PineKey to Islamorada. At Thanksgiving and Christmas, 600 families
received 50 pounds of meat and freshfruits, vegetables and dessert to ease the struggle of providing a festive al at the
holidays KAIR also daily provides a self-contained bag lunch that can be eatenlocal workmen or taken back to the
homeless camps to eat for an evening meal. KAIR has acquired a refrigerated van that now daily recovers fresh food from
grocery stores and restaurants.
KIDKAI —Varied n 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 r frequently provided to children who are low-income but who are not eligible for Medicaid.
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 HealthClinics and in Key West(through RHN), there r o medical services between MM75 and
30 that arer o homeless or zero income residents. Prescription assistance is also provided for core diseases such as
diabetes, hypertension„ epilepsy„ etc.
LEGAL DOCUMENTATION—Proper identification papers r critical to v for employment an to access any other
assistance programs. I assists people to navigate what can be a difficult process and pays for the necessary birth
certificates, marriage certificates, 's, driver's licenses, etc Robert came to KAIR andfound a yob but was required to
have Florida ID as well as take his ServeSafe course in order to workimmediately, Because the Social Security office is in
Key West, I then helped him withus tickets in order to get his Social Security card. KAIR has assisted many with
immigration issues well.
RENT AND UTILITIES--When evidence indicates that futurepayments can be maintained, or when a plan can be developed
to change the current situation, KAIR will assist withrent and household expenses such as a car repair or medical
emergency. Barbara and her three grandchildren were struggling to make ends meet on Social Security and helped by KAIR
o move into affordable housing, assisted with the first month's rent and established water and electric deposits.
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 a medical providers or Upper Keys
or Miami providers. Juny travels to Miami for specialized care for her baby that was born premature, Gas vouchers assist her
to keep up withr baby's appointments, Michael needed specialized care in Key West and threes of bus vouchers
allowed him to keep his daily appointments. Connie needed to relocate back to Texas near her adult children. KAIR paidfor
car repairs so that she could travel safely.
RELOCATION®For those residents who can no longer be financially independent in the Keys andconfirmed available
family and resources elsewhere in the country„ KAIR will relocate them by purchasing bus or plane tickets or gas vouchers.
I R will also assist with renting a moving truck. Referrals often come from Sheriffs Dept. KAI R is the only traveler's
aid" in the Keys. When Missy and Larry came to KAIRseeking help to return home after Larry's long illness„ KAIR was able
o fund bus tickets to North Carolina.
VEHICLES, FURNITURE AND HOUSEHOLD GOODS--Donated vehicles„ appliances, furniture, household goods and
clothing are distributed at no cost to residents who need them. When Mike's care finally died, he didn't know o he was
going to be ableo continue working as he needed transportation to get to all of his work appointments, A donated care
perfect match and KAIRI o provide the transfer fee and initial insurance cost.
BOAT SANITATION m Many low-income workers find that the only affordable"housing"they can find is a bat 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 William's boat was boarded by the Sheriffs Dept. he thought he was going to lose
his housing. Instead, he was referred to KAIR ands given the necessary toilet, hoses, and safety equipment to continue to
live in the harbor and work in Marathon.
CASE MANAGEMENT—KAIR provides follow-up after assistance is given. Assistance is also given to access Social
Security, state benefits, prescription assistance, workmen's camp., 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 franticto 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 helpi it his taxes and he got a substantial refund Ialso got food, filed
applications for food stamps, Medicaid, and KAIRhelped him sign his child up for the after school programs, He knows that
s things arise, and they ost certainly will, our door is always open to help himwork through the solutions.
Contract-K" 1R•-FY14u.page 11
Attachment C
Services to be provided:
Organization's Name: Heart of the Keys Recreation Association,,Inc. aka
Marathon Recreation Center
Executive Director: Anthony Culver
Location: 810 33`d Street Gulf Marathon, FL 33050
(305) 743-4164 marathonreccenter@comcast.net
Ages of children served: 8 yrs. to 18 yrs. old
Days of Operations: 3pm—6pm or 11:30 am—6 pm (Early Release Days)
Sam—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
Homework 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 Hockey
Ping pong
Shuffleboard
Horse Shoe games
Playstation video games
Arts-n-crafts
Fashion and Design Club
Movies
Cheer and Dance Performance Team
Theme Dances for Teens
Fun Night events for elementary ages
Educational & Recreational Field Trips
Talent Show
Fashion Show
Dance Fitness Class
Adult Aerobics
Community meetings & events i.e.; Marathon Youth Club functions, Red Cross, MHS
Clubs and fundraising events
Volunteering for community projects and events i.e.; Relay for Life, etc.
Contract-Heart of the Keys Recreation-FY]4;page l l
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.)
The Domestic Abuse Shelter, Inc is a non-profit organization, providing comprehensive services to
individuals and families experiencing domestic and sexual abuse. DAS's mission is to reduce the
Incidence and minimize the impact of domestic and sexual abuse in Monroe County, Florida by
directing victims to the appropriate effective programs.
Services that will be provided are as follows:
Emergency Shelter: Temporary emergency shelter for victims of domestic and sexual violence
and their children via two facilities located in the Middle and Lower Keys. Both shelters are
open 365 days a year, 24 hours a day.
24-hour hotline: Crisis counseling, advocacy, and information and referrals are available 24
hours a day, seven days a week via DAS's toll-free hotline. The hotline is answered by staff and
volunteers trained in the dynamics of domestic and sexual violence as well as other resources.
Counseling: Supportive counseling and emotional support are available by phone or face to face
Provided by Victims Advocates during individual meetings or groups.
Service Management: DAS team members assist victims with the development of a plan to
address the victims personal goals and varied services and resources that the victim will require
to achieve his or her goals.
Advocacy: DAS team members facilitate victims' interaction with the criminal justice and social
Service systems as deemed necessary by the victim to address the violence and or abuse
experienced.
Assessment of Children: Assessment are done within 24 hours on each child over two years of
age who resides at the shelter. The assessment tool utilized is designed to determine lethality for
the children.
Sexual Assault Response Assistance: Both emergency shelters and DAS outreach offices are
offered and available for victims of sexual abuse and violence. All DAS victim advocates are
trained to provide specific advocacy, counseling, and emotional support for individuals that are
victims of sexual assault.
Contract-Domestic Abuse Shelter-FY14,page 11
ATTACHMENT C
"Our mission is to provide housing in a nurturing environment for homeless rnen, women, women
with children, and families and to provide them with care coordination beneficial to their physical,
mental, emotional and spiritual well-being."
Services to be provided:
Specifically, funds received from the 2014 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
Contract-Samuel's House-FY14;page 11
ATTACHMENT C
Services to be provided:
United States Fellowship of Florida, Inc., d/b/a Heron-Peacock Supported Living will utilize grant
funds to offset general operating expenses to include insurance, utilities, maintenance/repair
costs at both the Heron (Marathon) and Peacock Apartments (Key West).
Contract-Heron-Peacock-FY14; page 11
ATTACHMENT C
Services to be provided:
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-Fria;Page 11
ATTACHMENT C
Services to be provided:
(Insert a description of your organization including list of the services that wfff be provided by
your organization under this contract.)
BeThe Change Flgridg Keys.w.111 orovideri f
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sch.Qgl SU12RIiesh r items to disadvanj@qCdin
IMonroe_CoUnty.
. BeThe h n MY P - Providg 12E gram f hil r - 1 thgt
n m[)ag,j thg develgRing RrgIgglivefactQrEidentified th Search
Institutesv l n IA Thg intgided resultg gXpected from h
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algghgl. tghaggQ andrim n whilg grggtingr,in f n II rn -
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Contract-Be he Chang FY14„page 12
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.)
We provide 2 types of food services - a Food Pantry that serves the upper keys open Monday and
Wednesday from 9:00am to 12:00pm and Tuesday and Thursday 5:00pm to 7:00pm. And a free
prepared community dinner on Thursday evenings from 5:00 to 7:00pm.
Contract-Burton Memorial United Methodist Church-FY14;page 11