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Item C42 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY 4 Meeting Date: October 16, 2013 Division: OMB (Y Bulk Item: Yes X No — — Department: Grants Staff Contact/Phone #: Laura deLoach-Hartle x 4482 AGENDA ITEM FORDING: Approval of agreements with Samuel's House, Boys and Girls Clubs of the Keys Area, Inc. and Southernmost Homeless Assistance League (SHAL) for the period from October 1, 2013 through September 30, 2014 to be funded by the Clerk's Drug Abuse Trust Fund,per Substance Abuse Policy Advisory Board recommendations. ITEM BACKGROUND: The Substance Abuse Policy Advisory Board (SAPAB)met on June 27tn 2013 to discuss the distribution of Florida Department of Law Enforcement JAG funds and Clerk's Drug Abuse Trust Fund and review applications for funding. The following recommendations were made by the SAPAB: Samuel's House - $5,000, Boys and Girls Clubs of the Keys Area, Inc. - $14,260 and SHAL- $6,000. The recommendations were subsequently approved as a part of the budget process. PREVIOUS RELEVANT BOCC ACTION: For FY 2013 the BOCC approved the allocation of $27,029 from the Clerk's Drug Abuse Trust Fund. This amount funded the following applicants: Monroe County Drug Court Lab - $13,536, Florida Keys Outreach Coalition, Inc. - $7,493 and SHAL- $6,000. CONTRACT/AGREEMENT CHANGES: None. STAFF RECOMMENDATIONS: Approval TOTAL COST: $ 25,260 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: NA COST TO COUNTY: $25,260 SOURCE OF FUNDS: Clerk Drug Abuse Trust Fund REVENUE PRODUCING: Yes No X AMOUNT P R MONTH Year AP 1 `_ PROVED BY: County AttyV OMB/Purchasing Risk Management _' DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 ON MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Boys and Girls Clubs of Effective Date: 10 01 13 the Keys Area Inc Expiration Date: 03 30 14 Contract Purpose/Description: Provides for revention and education activities for youth in Monroe County. at risk N } Contract Manager: Laura deLoach-Hartle 4482 OMB Grants Mgt. {Name} (Ext.) (Department) For BOCC meeting on: 10/16/13 Agenda Deadline: 1OJ01j13 CONTRACT COSTS Total Dollar Value of Contract: 114� 26 0p Budgeted? Yes 0 No Account Codes: 64'-04569-5 034io0n: �14_ 260 Op Grant: I 0.00 County Match: $o.00 Estimated Ongoing Costs: ADDITIONAL COSTS (Not included in dollar value above For: Staff support-filing reports, oversight (eg. Maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Date In Changes Date Out Division Director Needed Reviewer Yes❑ No❑ -a 1 Risk Management 1 {° t Yes❑ No 3 O.M.B./Purch} in 9 113DYes❑ Nolz County Attorney q413Yes❑ No( Comments: _ q415 OMB Form Revised 9/11/95 MCP #2 f 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' personal, social, physical, emotional and spiritual growth, and WHEREAS, it is a legitimate public purpose to provide prevention and education programs to at risk youth, 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 preventive programs to at risk youth in Monroe County, Florida, shall pay to the PROVIDER the sum of FOURTEEN THOUSAND TWO HUNDRED AND SIXTY DOLLARS ($14,260.00) for fiscal year 2013-2014, as recommended by the Substance Abuse Policy Advisory Board and funded by the Clerk's Drug Abuse Trust Fund. 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 Cfrls Clubs CDATF FY14;page 1 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the prope�yofMonroe County and shall be accounted for pursuant to statutory requirements.. `' RECORDKEEPING 7. RECORDS. PROVIDER shall maintain a// books,|� , records^ a nd documents directlypertinent to performance under this Agreement in accordance with generally accepted accountingprinciples consistently applied. Each party to this Agreement or their authorized representativessha// have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the tern of the Agreement and for four years following theternination of this Agreement. If an auditor employed by the County or Clerk determines thatnonies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized bythia Agreement, the PROVIDER shall repay the monies together with interest calculated pursuantt» 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-I must be provided prior to the payment of any invoices): (a) IRS Letter ofDetermination indicating 501(c)(3) status; (b) List of the Organization'a Board of Directors of which there must be five or more; for each board member please indicate when elected � ' o serve and the length of of (c) Evidence of annual election ofOf�cers and Directors; ' (d) Unqualified audited financial statement from 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 a// attached schedules; (f) Organization's Corporate Bylaws, which must include the organization's mission, boa`'" and membership composition, and process for election of officers; ' ' (g) Organization's Policies and Procedures Manua/ which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (i) Annual Performance Report describing services provided during the most recently completed grant period (to be furnished within 30 days after the contract end date.) Theperhornance reports shall include statistical information regarding the types andfnsquencies of services provided, a profile of clients (including residency) and n" ' bersserved, andoutcVnes (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 tosubstanba||y and SaUsfactori|yperhzrrn and providethe services outlined in Attachment C to residents of Monroe County, Florida. Contract'Boys and Girls Clubs CDATFFY/�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 at±orney\s fees, court coats, 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 SOLICITA0'ION/UoAlyMENlF. 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 a// times and for a// 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 -��of its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing a// 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 Lo terminate this contract immediately upon de/iveryof 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 ||censure of the PROVIDER'S program and staff. ' 188. 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 a// local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to:� 1)Tlt/e 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 &mmmor-Boys and Girls Clubs CD4TFFY/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 (28 US[ s. 794), which prohibits ' discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended /42 which ss. 6101-6107) hich prohibits discrimination on the basis of age; 5\ The Drug Abuse Office and Treatment Act of 1972 (PL9J-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of197O /PL91-616\, as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-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 a. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; q) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10\ Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and a// 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 a// 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 oU// 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 vvuu/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 |n writing and with the prior written approval of the Board, which approval shall be subiec1 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 a// 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 of the PROVIDER. Contract'Boys and Girls Clubs(DATFfY,*�page 4 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 a// 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 a// dairna 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. 20. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and re/ief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent 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 itbeconstrued as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and brne)y performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case |avv. 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'Boys and Girls Clubs OIATFFy/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 1100Simonton Street PO Box 10I6 Key West, FL33O4O Key West, FL33041 ,For PROVIDER Daniel Dornbroski, Executive Director Boys and Girls Clubs of the Keys Area, Inc 14DO United Street, Suite 1O8 Key West, FL 33040 305-296-2258 305-296-4632FAX 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 ufany 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 orotherwise. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid 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 PROVID�R agree to reforreformthe Agreement to rep/'--- any stricken provision with a valid provision that comes as close as possible tothe 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 Boys and Girls Clubs CDATFFy74;page 6 [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract-Boys and Girls Flubs CDATF FYI 4,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 Boys and Girls Clubs of the Keys Area, Inc. pq, (Federal ID No. Witness r BY Witness Executive Dire — Contract%20-%2GBoys%20and%2GGir,sl20CIubs%20CDATF%2OFY14L I].doc;page 8 ATTACHMENT A Expense Reimbursement Requirements This document is intended LOprovide 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 MVO[0e County Code of Ordinances and State |aVV5 and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organ)zation'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 onan 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 Acert)fied 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, 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 m[the rental orlease agreement isrequired. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number ofcopies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract-Boys and Girls Clubs CDA7FFY/4;page 8 Telefax, Fax, etc. Afaz 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. lf attending a conference or meeting a copy o[ the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. Atrave| itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a tax) 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 XXVl, 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 io 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 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. Lonvsd-Boys and Girls Clubs CDATFFY/4;page 70 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 5OO Whitehead Street Key West, FL ]3O4O Date The following ioa summary of the expenses for ( Organization name) 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 XXX.|XX /A\ Total (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX /D\ Total contract amount ¢ X,XXX.XX Balance 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'Boys and Girls Clubs CQ4TFfY/4,-page /r 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.) s� s � Abta�l I-�-? Z- contract-Boys and Girls Clubs C-DA TF FY!4;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 Clubs CDATF FY14;page 13 SWORN STATEMENT UNDER ORDINANCE NO. 1O-199O MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherw'-ise had act on his/its behail 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, the contract or purchase price, or otherwise recover, the full amount of any fee, mission, per ntage, gift, or consideration paid to the former County officer or em oyee. 5TATEOF COUNTY (}F PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed signature (name of individual signing) in the space provided above on this day of � , 2O^�_�_. NOTARY PUBEft My commission expires: Slate d Florida OMB - MCP FORM #4 DRUG-FREE WORKPLACE FORM The d i d vendor in accordance that: (Nam� 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 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 of Chapter 893 (Florida Statutes) orofany controlled substance law ofthe 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 to continue to maintain a drug-free workplace through implementation of this section. As the person authorized tosign the statement, ' with the above requirements. STATE OF (Signature of Respondent) COUNTY OF , , ,/ ME MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Southernmost Homeless Effective Date: 1�01 13 Assistance League Inc z Expiration Date: 09 30 14 Contract Purpose/Description: funds to support and strengthen the provision of homelessness services in Monroe County. s s Contract Manager: Laura del-oach-Hartle 4482 OMB/Grants Mat (Name) (Ext.) (Department) for BOCC meeting on 10/16/13 Agenda Deadline: 10/01/13 Total Dollar Value of Contract: $6p 0ONTRACT COSTS ,OO Budgeted? Yes X No Current Year Portion: $6,000 00 Account Codes:Grant: $ 0.00 164-04569-530340 County Match: $Q,00 Estimated Ongoing Costs: $ ADDITIONAL COSTS For: Staff support-filing reports, oversight (Not included in dollar value above) (eg. Maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director Yes❑ No❑ Risk Management Yes❑ Now, O.M.B./Purchasing A&I13 Yes❑ No County Attorney Yes❑ No 14 Comments: OMB Form Revised 9/11/95 MCP #2 NO 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 Southernmost Homeless Assistance League, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not-for-profit corporation established for the provision of substance abuse prevention, education and support services for homeless persons in Monroe County, and WHEREAS, it is a legitimate public purpose to provide services for the homeless, 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 education and prevention services to assist homeless persons in Monroe County, Florida, shall pay to the PROVIDER the sum of SIX THOUSAND AND NOf 100 DOLLARS ($6,000.00) for fiscal year 2013-2014, as recommended by the Substance Abuse Policy Advisory Board and funded by the Clerk's Drug Abuse Trust Fund. 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-SHAL CDATF FY14., Sage 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. 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 fallowing 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 of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; 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 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; (9) 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 provided during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes (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-SEAL CDATF FY14,Page 2 I' il. 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 prevailingy y party relative to to reasonable attorney's fees, court costs, investigative, and out-of-poccket expenses, as an�tled award against the non-prevailing P g 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. IS. 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-SNAL CDATF FY14;Page 3 Is i ) w 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 Iy 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. Contract-SHAL CDATF FY141 page 4 ^�Y 24. NON-WAIVER OF IMMUNITY. Notwithstanding the prvisiFlorida Statutes, the participation of the County and the PROVIDER inothisons 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. r 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. Contract-SHAL CDATF FY14.page 5 s �f GENERAL y 32. Execution in Counterparts. This Agreement may be executed in any number of ,r 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 G. Lee Skillington, Executive Director Southernmost Homeless Assistance League, Inc. P.O. Box 2990 Key West, FL 33045 305-292-9424 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. Contract-SHAL CDATF FY14;page 6 y [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract-SHAL CDATF FYf 4;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 y By By Deputy Clerk Mayor/Chairman ` Southernmost Homeless Assistance League, Inc. (Federal ID No. 6s"-©8 Witness gg�,t, ) BY �,�•� �rrrcf-,ory» MONROE COUNTY ATTORNEY �Rl AAPPROVED TO FORM- k SI T% COUNTY nXTORNE Date •' Contract-SHAL CLIATF FY14;page 8 ATTACHMENT A r 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, 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-SHAL CDATF FYf 4.Page 9 w 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-SHAL CDAT"F FYI 4;gage 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 5O0 Whitehead Street Key West, FL33O4O Date The following is a summary of the expenses for ( Organization name) for the time period of- to_______. Check # Payee Reason Amount 101 Company Rent $ % %XX %X 102 CornpanyB Utilities ' ' XXX %X 104 Ennp/oyeeA P/Rend/ng 05/14/01 '�XX'XX 105 Employee B P/Rend/ng 05/28/01 '^^^ (A) Tota/ (B) Total ` $ X,>(XX.XX (C) Total requested and paid (A + B) `� XX�XX% (D) Total ' ' ' ' ` $ X,X%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 /n agreement with the records of this organization. Furthernnore these expenses are /n compliance with this organ/zat>on's contract with the M" Board of County Commissioners and w/// not be submitted for reimbursement to an" otherfund/n source. ' � Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this day 2O b who is personally known to me. ---- -- r .,"`". ' ,""..c Notary Stamp Contract-SHALCDATFFY/^�page // ATTACHMENT C Services to be provided: Description of Organization: SHAL is a 501(c)(3) corporation that operates the Keys Overnight Temporary Shelter and the Mobile Outreach Program (MOP) for the City of Key West. The MOP currently comprises two case managers, operating from a 31-foot retrofitted, recreational vehicle. The vehicle stops at various locations during the day. It is located in the parking lot at the Easter Seals Building on Stock Island from 7 am to 10 am making case managers available within a few minutes' walk from the Detention Center. The vehicle stops at other convenient locations in the City throughout the day making it readily accessible- The case managers on the MOP dispense a wide spectrum of services to homeless people. Description of Services: SHAL will use the funds to provide services to assist homeless people through the MOP, particularly those recently discharged from the Monroe County Detention Center, to integrate successfully into the community. The services provided will include, but are not limited to, assistance in obtaining relocation, identification (Monroe County identification, birth certificates, and Social Security documentation), housing, temporary mailing addresses, transportation, food stamps, clothing, personal hygiene supplies, and residency documentation. It is expected that one of the major uses of the funds will be to underwrite part of the relocation program that assists homeless people by subsidizing their one-way bus tickets if they relocate to obtain a job, reunite with family and friends, enter a rehabilitation program or return to prior housing after being stranded. All requests are verified. Priority will be given to relocations that cannot be funded by the Detention Center. Another major use of the funds will be to underwrite obtaining birth certificates, Social Security records, and identification cards which are necessary to obtain employment. This use will supplement re-entry assistance provided by the Detention Center. PUBLIC ENTITY CRIME STATEMEN " �Aperson 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 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 entity, 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 onthe convicted vendor |ist." 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, disLributiun 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 workp/ace the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employeeasaistanceprognanna, andthepena|tiesthatnnaybeirnposedupunennp/o^'ees -'"' 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 asa condition of working on the commodities or contractual services that are under bid, the that, will abide by the terms of the statement and will notify the employer of any conviction of, plea of guilty or no|o contendere to, any violation ofCha 'ter 893 (Florida Statutes) f '' /a«« of the United States or any state for violation occurring in t' or of controlled substance (5) days after such conviction. ' ' " '�e workplace no later than five 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 cunnnnunity, 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 firm connp/iesfully with the above requirements. ' STATE OF 4(Sign�a gure�os`ponde�nt) COUNTY OF . the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed ne/ners|gnature in the space provided above on this day of � 201�. MY commission expires: PUBLIC-STATENOTARY PUBLI6) NOTARY OF FLOFJDA Gary J. Symons Contract'SH4LC%2A TFpY/4-:page y5 SWORN STATEMENT UNDER ORDINANCE NO. 10-199O MON0]E 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 ploye . a, t7 STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixe er signature (name of individual signing) in the space d �"bove on this day of , 20_����. PUB C My commission expires: J� �� � �� �u��-~�~ �U?8�/�C��IC�O7�T80����I� ,r~�w���' � � ��~~ `� "~ Gary J. Syn000s OMB - MCP FORM #4 w MONROE COUNTY BOARD OF COUNTY COMMISSIONERS w CONTRACT SUMMARY s Contract with: Samuels House Inc. Effective Date: 1( 1Q1 13 _. Expiration Date: DqJ30 14 Contract Purpose/Description: Provides substance abuse prevention and education programs to homeless women in Monroe Count y. Contract Manager: Laura deLoach-Hartle 4482 OMB/Grants Mgt (Name) (Ext.) (Department) For BOCC meeting on: 10/16/13 Agenda Deadline: 10/01/13 CONTRACT COSTS Total Dollar Value of Contract: 5 000.00 -1 Current Year Portion: 5 000,00 Budgeted? Yes XI No Account Codes: 164-04569-530340 Grant: 0.00 County Match: $0.0o ADDITIONAL COSTS Estimated Ongoing Costs: $ For: Staff support-filing reports, oversight (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 J/. ¢ '` ° 9 � Yes❑ O.M.B./Purc asing Yes❑ No E '1111 - /13 County Attorney qbeW Yes❑ No[ 1 Comments: OMB Form Revised 9/11/95 MCP #2 k 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 Samuel's House, Inc., hereinafter referred to as `PROVIDER." y WHEREAS, the PROVIDER is a not-for-profit corporation established for the provision of women and children's housing in Monroe County, and WHEREAS, it is a legitimate public purpose to provide substance abuse prevention and education services for homeless women, 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 substance abuse education and prevention services to homeless women in Monroe County, Florida, shall pay to the PROVIDER the sum of FIVE THOUSAND AND NOJ100 DOLLARS ($5,000.00) for fiscal year 2013-2014, as recommended by the Substance Abuse Policy Advisory Board and funded by the Clerk's Drug Abuse Trust Fund. 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-Samuel's House CDATF FY14;page f t 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 to the COUNTY the following (items A-I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; 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 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; (9) 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 provided during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes 0) 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-Samuel's House CDATF FY14;page 2 11. AQFTORNEY'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 a�hshallbe entitled to reasonable attorney's fees, court coats, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts co`—, 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 ufcertain 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 `~ 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 ~ 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 drnea and for a// 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 ~' nd the PROVIDER or any its employees, contractors, servants or agents to be employees of the Board. COMPLIANCE ISSUES 16. COMPLIANCE WITH LAW. In providing a// services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, ru/esand 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 ||censure 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 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 /�oca| 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 �h� basis o'race, color or national or/gin, �) T|d� I~ of the Education Amendment of 1972, as amended (2O Contract'Sammeis House C[NTFFY/4;page 3 Of iy wy 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. Contract-Samuel's House CDATF FY14:page 4 24. NON-WAIVER OF IMMUNITY. Notwithstandingthe Florida Statutes the provisions of Sec. 768.�8, participation of the County and the PROVIDER in this Agreement and the x 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 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-Samuel"s House CDATF FY14;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 writin g hand-delivered or mailed, postage pre-paid, by certified naU' return receipt requested, bo the other party aafollows: For Board: Grants Administrator and Monroe County Attorney 11OO Simonton Street PO Box 1O26 Key West, FL, Key West, FL3]O41 For PROVIDER Elmira Leto, CEO/Executive Director Sarnue/"sHouse, Inc 1614 Truesdell Court Key West, FL 33040 305-296-0240 305-295-4219FAX 34. GOVERNING LAW, VENUE, INTERPRETATION COSTS, AND FEES Thi Agreennentshall be governed by and construed in accordance wi��'INTERPRETATION, "f the State o^/ F/urids applicable tu contracts nnadeand tubepe�ornnedenUne|yin the State. a In the event that any cause of action or administrative proceeding is instituted for th enforcement or interpretation of this Agreement, the County and PROVIDER agree that venueie //e in the appropriate court or before the appropriate administrative body in Monroe w // Florida. County, The County and PROVIDER agree that, in the event of conflicting interpretations ofth terms or a term ofthis 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. e « 35. NON-WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall not bedeemed or considered as e continuing waive shall not operate to bar or prevent the Board from declaring a forfeiture forwaiver and breach, either ofthe same conditions or covenants or otherwise. any succeeding -`"` the application36. ��EY�ERABILITY. If any term, covenant, condition or provision of this Agreement (or thereof to any circumstance or person) shall be declared invalid or unenforcea^o| 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 te'o/' covenant, condidonand provision mf this Agreennentshall be valid a'"and shall beenforce enforceable the mb| t 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 re"'~'^''nn nnihe Agreement to replace any stricken provision with a valid provision that comes as close reP/ace stricken provision. ose as possible t� the intent of the 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and a// prior agreements with respect tosu h bi c± c subject rnatterbetween the PROVIDER and the Board, - ' �-� Contract Sammel's House CD47FFY/w;page [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract-Samuel's House CDA TF FY14:page 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed of the day and year first written above. as (SEAL) ' BOARD {}F COUNTY COMMISSIONERS ATTEST: AMYHEAVlON, CLERK OFMONRDE COUNTY, FLORIDA � By Deputy Clerk Sannud's House, Inc. (Federal IDNo. )Witness ident sident KAONRQ,zC,0UNTYATTORNEY APPROVED AS TO FORM: unn/m//wEmL/m��n/'BARRuv"S A--S|8TA Dat Contract Sammgb House CDATFFY/41:page 8 ATTACHMENT A Expense Reimbursement Requirements This document iSintended tO provide basic guidelines tO Human Service Community- Basedand v Organizations, county travelers, and contractual parties who have reimbursable eXOeOses associated with MOOFOe County business. These guidelines, as they relate to travel, are frOFOthe (qOnrOe {�OUOtv {�OdeOf [)rdiOaDCeSand 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 cornp|iancevviththis organization's contract with the Monroe County Board of County Commissioners and will not b� submitted for any other funding source." Invoices should be billed to the contracting agency. Third party payments will not beconsiderec d 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 right to review reimbursement requests on an individual basis. Any questions regarding these guide|ines should be directed to3U5-292-3534. 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 needed, hours worked, withholding information and paid payroll taxes check n`u"rn n»o number check ' t If Payroll Journal is not provided, the following information must be provided: pay periun ' check amount, check number, date, payee, support for applicable paid payroll axes. period, 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 |srequired. Deposits and advance payrnents �ne t allowable expenses. no Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reinnbursernent 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 endVr invoice and sample of the finished product are required. ' " a Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Qonomo, 6ammg's6omse CDA TFFY7v�page g r 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-Samuels House CDA7FFY14;Page 10 r ATTACHMENT B r T ORGANIZATION s 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 $ &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-Samuel's House CDATF FY14.page 1 l ATTACHMENT "Our mission is to provide housing in a nurturing environment for homeless mnen, wonnen, women with ohi|dren, and families and to provide them with cane coordination beneficial to their physical, mental, emotional and spiritual waU-being,^ Services hobaprovided: SpenifiuoUy, funds received from the 2013 - 2014 Clerk's Drug Abuse Trust Fund will be used for The Mary Spottswood VVbmen'e Center Emergency Shelter in order bmprovide: * Drug testing supplies oontram-Sam"e/'s House Cuxrppv1*;page 1x 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 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 Sammel's House CDATFFY/4,-page /3 SWORN STATEMENT UNDER ORDINANCE NO. 10-199O MON0JE 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. ksignature) Date: STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, I LZI b who, after first being sworn by me, affixed his/her signature (name of individual signing) _ day of , 2013._ fV NOTARY PUBLIC My commission expires: �-~~ OMB - MCP FORM #4 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 h bv certifies that: fs -TIL I (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 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 of Chapter 893 (Florida Statutes) nrofany controlled substance |avv of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, l certify that this firm complies fully with the above req i STATE OF (Signature of Respondent) COUNTY OF /1,' 17 Date PERSONALLY APPEARED BEFORE ME, h undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this