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FY2001 11/21/2000 1JBannp JL. ltolbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATIION, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: November 30, 2000 TO: Jennifer Hill, Budget Director Office of Management & Budget FROM: Dave Owens Grants Administrator Pamela G. Hanco~ Deputy Clerk U ATIN: At the November 21, 2000, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Fiscal Year 2001 Funds Agreement between Monroe County and Historic Florida Keys Foundation, Inc. to provide funding. Fiscal Year 2001 Human Organization Agreement between Monroe County and the following: Greater Miami and Keys American Red Cross Big Brothers-Big Sisters of Monroe County, Florida Caring Friends for Seniors, Inc. Domestic Abuse Shelter, Inc. Florida Keys Children's Shelter, Inc. Florida Keys Outreach Coalition, Inc. U.S. Fellowship of Florida, Inc. a/k/a Heron and Heron/Peacock Hospice of the Florida Keys, Inc. Literacy Volunteers of America - Monroe County, Inc. Monroe Association for Retarded Citizens Wesley House Fiscal Year 2001 Funds Agreement between Monroe County and Monroe Council of the Arts to provide funding. Enclosed please find a duplicate original of each Agreement for your handling. Should you have any questions please feel free to contact this office. Cc: County Administrator wlo documents County Attorney Finance File AGREEMENT Literacy Volunteer,s ~' f\7R ~ This Agreement is made and entered into this _"kl _ day of ~V€.- ' I . 2000, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLUK1U , hereinafter referred to as "Board" or "County," and LITERACY VOLUNTEERS OF AMERICA - MONROE COUNTY, INC., hereinafter referred to as "Provider." WHEREAS, the Board and the Provider desire to enter into an agreement wherein the Board contracts for services from the Provider to provide education and reading skill development to support adult literacy to meet such needs for the citizens of Monroe County, Florida, and WHEREAS, such services have been provided by the Provider in the past and have been invaluable to the citizens of Monroe County, and WHEREAS, the Board recognizes the public purpose to be met by an agreement for services to be rendered in fiscal year 2000-2001, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. AMOUNT OF AGREEMENT. The Board, in consideration of the Provider substantially and satisfactorily performing and carrying out the duties of the Board as to rendering services to the citizens of Monroe County, Florida, in matters of education and reading skill development in regard to adult literacy in Monroe County, shall pay to the Provider the sum of TEN THOUSAND SEVEN HUNDRED THIRTY-TWO DOLLARS ($10,732.00) for fiscal year 2000- 2001. 2. TERM. This Agreement shall commence on October 1, 2000, and terminate September 30, 2001, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be paid periodically, but no more frequently than monthly as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office, The County shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Florida Statutes 112,061 and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the Provider shall be in the form of a letter, summarizing th8.:I:expen~, WriJ:h supporting documentation attached, The letter should contain a certification staten1e!lt as:We~s a notary stamp and signature. An example of a reimbursement request cover let:WN!:::incii1elir'lls CJ r .~- n 't:T Attachment B. rTl?~-< "T\ After the Clerk of the Board examines and approves the request for rei@ytse~t, d:be ~oard shall reimburse the Provider, However, the total of said reimbursemen~ e~~~ p~mefrt:s In the aggregate sum shall not exceed the total amount of ($10,732.00) dunng~~rn:Ji:Of ~s agreement. . : .~~ en c-> .." ....-. .. C) r- ~ ~, ;0 4. SCOPE OF SERVICES. The Provider, for the consideration named: covena:n\:s and agrees with the Board to substantially and satisfactorily perform and carry out the duties of the Board in providing education and reading skill development for adults in Monroe County, Florida. Said services shall include, but are not limited to, those services described in Provider's Details of Specific Program for Which Funding is Requested, attached hereto as Exhibit C and incorporated herein. 5. RECORDS. The Provider shall maintain appropriate records to insure a proper accounting of all funds and expenditures, and shall provide a clear financial audit trail to allow for full accountability of funds received from said Board. Access to these records shall be provided during weekdays, 8 a.m, to 5 p.m., upon request of the Board, the State of Florida, or authorized agents and representatives of the Board or State. The Provider shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General of the State of Florida, the Clerk of Court for Monroe County, an independent auditor, or their agents and representatives. In the event of an audit exception, the current fiscal year contract amount or subsequent fiscal year contract amounts shall be offset by the amount of the audit exception. In the event this agreement is not renewed or continued in subsequent years through new or amended contracts, the Provider shall be billed by the Board for the amount of the audit exception and the Provider shall promptly repay any audit exception. 6. INDEMNIFICATION AND HOLD HARMLESS. The Provider covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Provider occasioned by the negligence, errors, or other wrongflH act or omission of the Provider's employees, agents, or volunteers. 7. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the Provider is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the Provider or any of its employees, contractors, servants or agents to be employees of the Board. 8. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the Provider shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the Provider. 9. COMPLIANCE WITH COUNTY GUIDELINES. The Provider demonstrate and sustain compliance with: (a) SOl(c)(3) Registration; (b) Board of Directors of seven or more; (c) Annual election of Officers and Director; (d) Annual provision of annual report to County; (e) Corporate Bylaws; (f) Corporate Policies and Procedures Manual; (g) Hiring policies for all staff; (h) Cooperate with County monitoring visits; and (I) Semi-annual performance reports to be presented to County, 10. PROFESSIONAL RESPONSIBILITY AND LICENSING. The Provider shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the Provider's program and staff, 11. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be amended by an agreement amendment, which must be approved in writing by the Board, 12. NO ASSIGNMENT. The Provider shall not assign this agreement except in writing and with the prior written approval of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the 2 provisions herein, Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the Provider. 13. NON-DISCRIMINATION. The Provider shall not discriminate against any person on the basis race, creed, color, national origin, sex or sexual orientation, age, physical handicap, or any other characteristic or aspect which is not job-related in its recruiting, hiring, promoting, terminating or any other area affecting employment under this agreement. At all times, the Provider shall comply with all applicable laws and regulations with regard to employing the most qualified person(s) for positions under this agreement. The Provider shall not discriminate against any person on the basis of race, creed, color, national origin, sex or sexual orientation, age, physical handicap, financial status or any characteristic or aspect in its providing of services. 14. AUTHORIZED SIGNATURES. The signatory for the Provider below, certifies and warrants that: (a) The Provider's name in this agreement is the' full name as designated in its corporate charter, if a corporation, or the full name under which the Provider is authorized to do business in the State of Florida. . (b) He or she is empowered to act and contract for the Provider; and (c) This agreement has been approved by the Board of Directors of the Provider if the Provider is a corporation. 15. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand-delivered or mailed, postage pre-paid, by certified mail, return receipt requested, to the other party as follows: For Board: Monroe County Attorney PO Box 1026 Key West, FL 33040 and Louis laTorre, Social Services Director Public Service Building 5100 College Road Key West, FL 33040 For Provider: Literacy Volunteers of America - Monroe County, Inc, 812 Southard Street - Bldg. #3 Key West, Florida 33040 16. CONSENT TO JURISDICTION. This agreement shall be construed by and governed under the laws of the State of Florida and venue for any action arising under this agreement shall be in Monroe County, Florida. 17. NON-WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the Provider shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 18. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the Provider. The Board shall not be obligated to pay for any services or goods provided by the Provider after the Provider has received written notice of termination, unless otherwise required by law. 3 19. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. 20. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the Provider and the Board. ~ou NESS WHEREOF, the parties hereto have caused these presents to be executed as year first written above. L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA I , fJ~~r- ~d,e L~ ~ Mayor/Chairman LITERACY VOLUNTEERS OF AMERICA- MONROE COUNTY, INC, (Federal ID No.lto -' 1007 (" 3 'i <I ) Witness Witness 4'1 jdconiteracy 4 ATTACHMENT A Exoense Reimbursement Requirements This document is intended to provide "basic" guidelines to Human Service Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from FS 112.061, which is attached for reference. A cover letter summarizing the major line items on the reimbursable expense request should also contain a certified statement such as: I certify that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners. Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expenses 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 305/292-3528. Pavroll A certified statement verifying the accuracy and authenticity of the payroll expenses, If a Payroll Journal is provided, it should include: Payroll Journal dates, employee name, salary, or hourly rate, hours worked during the payroll journal dates, with holdings where appropriate, check number and check amount If a Payroll Journal is not provided, the following must be listed: Check number, date, payee, check amount, support for applicable payroll taxes Original vendor invoices must be submitted for Worker's Compensation and Liability insurance coverage, Teleohone Exoenses A user log of pertinent information must be remitted; the party called, the caller, the telephone number, the date, and the purpose of the call must be identified. 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. Suoolies. services. etc. For supplies or services ordered, the County requires the original vendor invoice. Rents. leases. etc. A copy of the rental agreement or lease is required. Deposits and advance payments will not be allowable expenses. Postaae. overniaht deliveries. courier. etc. A log of all postage expenses as it relates to the County contract is required for reimbursement. For overnight or express deliveries, the original vendor invoice must be included. Reoroductions. cooies. etc. A log of COpy expenses as it relates 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 original vendor invoice is required and a sample of the finished product, Travel Exoenses: Please refer to Florida Statute 112.061. Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Credit card statements are not acceptable documentation for reimbursement. 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 original vendor invoice. Fuel purchases should be documented with original paid receipts, Original taxi receipts should be provided, However, reasonable fares will be reimbursed without 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. Original toll receipts should be provided, However, reasonable tolls will be reimbursed without receipts, Parking is considered a reimbursable travel expense at the destination, Airport parking during a business trip is not. Lodging reimbursement requires a detailed listing of charges. The original lodging invoice must be submitted. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls (see previous guidelines) are not allowable expenses. Per diem lodging expenses may apply, Again, refer to Florida Statute 112.061. Meal reimbursement is breakfast at $3.00, lunch at $6.00, and dinner at $12.00, Meal guidelines are that travel must begin prior to 6:00 a.m. for breakfast reimbursement, before noon and end after 2:00 p,m. for lunch reimbursement, and before 6:00 p.m, and after 8:00 p.m. for dinner reimbursement. Mileage reimbursement is calculated at 29 cents per mile for personal auto mileage while on county business, An odometer reading must be included on the state travel voucher for vicinity travel. A mileage map is available for reference to allowable miles from various Florida destinations. 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. Data orocessina. PC time. etc. The original vendor invoice is required for reimbursement, Intercompany allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department (see Payroll above) are attached and certified. The followina are not allowable for reimbursement: Penalties and fines Non-sufficient check charges Fundraising Contributions Capital outlay expenditures (unless specifically included in the contract) Depreciation expenses (unless speCifically included in the contract) ATTACHMENT B HUMAN SERVICE ORGANIZATION LErTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street key West, Florida 33040 (Date) The following is a summary of the expenses for (Human Service Oraanization name) for the time period of to Check # Pavee Reason Amount 101 A Company Rent $xxxx.xx 102 B Company Utilities $xxxx.xx 103 0 Company Phone ' '$xxxx.xx 104 Person A Payroll $xxxx.xx 105 Person B Payroll $xxxx.xx (A) Total $xxxx.xx ------- ------- (B) Total prior payments $xxxx.xx (C) Total requested and paid (A + B) $xxxx.xx (D) Total contract amount $xxxx.xx Balance of contract (0 - C) $xxxx,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 Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) STATE OF FLORIDA COUNTY OF MONROE SWORN TO AND SUBSCRIBED before me this _ day of , 200_ by (Event Contact Person) who is personally known to me presented as identification: Notary Public, State of Florida at Large My Commission Expires: Jdconhsoex 4++.C, utilize volunteers as tutors, testers, coordinators and office helpers. Volunteer tutors receive a nationwide 18 hour certification in either or both the Basic READ program and/or ESL (English as a Second Language) program. In addition, 100 RELY reading volunteers were certified in the RELY reading program, helping over 100 children improve reading skills. RELY volunteers contributed 3,600 additional volunteer hours. 15) Grievance Procedure: We have never had the need for one. 16) Duplications: We are the only adult literacy provider in Monroe County with no duplication of services. We network with children's literacy programs like Outreach Coalition's homeless children's literacy, sharing referrals for adult one-to-one and small group literacy training with no duplication of services. We network with and share referrals with many agencies covered under the human service umbrella and agencies like Key West Housing Authority's Safeport where there are many non-readers, and, Salvation Army which sends us "condition of probation" non-readers. We are a member of the Florida Literacy Coalition and this year formed new partnerships with Monroe County Adult Education's for the Even Start Family Literacy program. 17) Agency Monitoring: We are monitored by two outside agencies. We must provide information which is submitted jointly by Monroe County Schools to the Florida Department of Education. Literacy Volunteers of America - our national parent organization - also requires a detailed annual report. 18) In Kind Services: Monroe County Schools gives us rent in-kind, a $8,400 value. 19) Otller Expenses: Fundraising Expenses: 00/0. Administrative Expenses: 5%. 20) See Form B-Agency Salary Detail Form ~ Details Of Specific Program For Which Funding Is Requested: Our literacy ~gram provides free, confidential, one-to-one tutoring in basic reading, writing and conversational English to any adult who wants or needs our help. Our Basic READ component targets Monroe County adults who read and write at the grade 0 to grade 5.5 level. Our ESL or English as a Second Language program teaches conversational English as well as reading and writing to adults who have no English or limited English proficiency. 22-23) NeedslProblemslTarget PopulationlSupporting Documentlltion: The target population served are undereducated adults in Monroe County with 0-9 years of schooling (4,661) and high school dropouts (8,634). This total of 13,293 (27% of Monroe County's adult population) is targeted by our Basic READ component. In addition, 10,334 (21 % of Monroe County adults) do not speak English in the home