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FY2000 10/13/1999 AGREEMENT Ii This Agreement is made and entered into this /3 day of DC ( , 1999, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA hereinafter referred to as "Board" or "County," and LITERACY VOLUNTEERS OF AMERICA - MONROE COUNTY, INC" hereinafter referred to as "Provider." WHEREAS, the 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 1999-2000, 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 Nine Thousand Dollars ($9,000.00) for fiscal year 1999-2000. 2. TERM. This Agreement shall commence on October 1. 1999, and terminate September 30, 2000, 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 the expenses, with supporting documentation attached. The letter should contain a certification statement as well as a notary stamp and signature. An example of a reimbursement request cover letter is included as Attachment B. After the Clerk of the Board examines and approves the request for reimbursement. the Board shall reimburse the Provider. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount of $9,000.00 during the term of this agreement. 4. SCOPE OF SERVICES. The Provider. for the consideration named. covenants and agrees with the Board to substantially and satisfactorily perform and carry out the duties of the Board in providing 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 wrongful act or omission of the Provider's employees, agents, or volunteers. 7. INDEPENDENT CONTRACTOR. At all 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) 501 (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; 2 (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. 9. 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. 10. 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. 11. 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. 12. 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. 3 13. AUTHORIZED SIGNATURES. The signatory for the Provider below, certifies and warrants that: (aJ 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. 14. 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 310 Fleming Street 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 15. 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. 16. 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. 17. 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. 4 18. 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. 19. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the Provider and the Board. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Deputy Clerk By \,(._,,;;, "':""'" ~:~"'<'~"",~'}j\\'':;h_~''-l'-I'-r Mayor/Chairman ).. LITERACY VOLUNTEERS OF AMERICA - MONROE COUNTY, INC. (FederallD No. ~5"'aJSO 312- Witness Witness B~('~ Title /"~~ /)//IJ1cR-v' jconiiliteracy ~",y,~ CAROL L. STEPHENS ~ '81:... MY COMMISSION II CC 841040 'f'1'Of"'\)~ EXPIRES: Jun IS. 2003 1-llOO-3-NOTARY FIL Notary Service & Bonding Co, 5 SWORN STATEMENT UNDER ORDINANCE NO. 10- I 990 MONROE COUNTY. FLORIDA ETHICS CLAUSE /;I! V Ii - Q:1J ~~ 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 fonner County officer or employee. Date: (signature) . /O/Jhf STATE OF ?buda- ,. 917 o-nu~ / COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed hislher signature (name of individual signing) in the space provided above on this ~ ,19Q,. k1~ 7 day of My commission expires: OMB - MCP FORM #4 I'.,..,~ CAROL L STEeHENS 'Jlo ~ MY COMMISSION # CC 841040 #/fOff..'" EXPIRES: JUD IS, 2003 1-1l>>3-NOTARY F1a. Nolrf Service & Bonding Co. 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." .. ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide "basic" guidelines to Human Service Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from Florida Statute 112.061. A cover letter summarizing the major line items on the reimbursable expense request 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 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. Intercompany 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 exp~nse is needed. If a Payroll Journal is provided, it should include: · Dates · Employee name · Salary or hourly rate · Total hours worked · Withholding information and payroll taxes · Check number and check amount Postage, Overnight 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 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 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 vendor invoice is required and a sample of the finished product. Supplies, Services, etc. For supplies or services ordered vendor invoice. Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel Expenses Travel expenses must be submitted on a State of Florida "Voucher for Reimbursement of Travel ExpenseJ)". Travel must be submitted in accordance with Florida Statute 112.061. Credit card statementS"are not acceptable documentation tor 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 iftaken 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 detail list of charges is required on the lodging invoice. Balance must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Meal reimbursement is: breakfast at $3.00, lunch at $6.00, and dinner at $12.00. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Mileage reimbursement is calculated at .29 cents per mile for personal auto mileage while on County business. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving form one's home to the airport for a business trip is not a reimbursable expense. Non allowable Expenses The following expenses are not allowable for reimbursement: · Capital outlay expenditures (unless specifically included in the contract) · Contributions · Depreciation expenses (unless specifically included in the contract) · Entertainment expenses · Fundraising · Non-sufficient check charges · Penalties and fines Revised 9/99 HUMAN SERVICE ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date ATTACHMENT B The following is a summary of the expenses for (Human Service Organization name) for the time period of 05/0 1/99 to 05/31/99. Check # Payee Reason 101 Realty Co. May rent 102 Electric Co. May utilities 103 Phone Co. May phones 104 John Doe P/R ending 05/14/99 105 John Doe P/R ending OS/28/99 (A) Total (B) Total prior payments $ 4,500.00 (C) Total requested and paid (A + B) $ 7,900.00 (D) Total contract amount $15,000.00 Balance of contract (D-C) Amount $ 1,500.00 250.00 50.00 800.00 800.00 $ 3.400.00 $ 7.100.00 I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organizations' 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 and subscribed before me the _ day of 1999/2000. Notary Public Notary Stamp l L-k-v d. c'--( Vo l Ll ,"\-ke.rs f_Y.JL C Narrative Overview of Requested Funding Our Board Approved MISsion Statement: "Literacy Volunteers of America- Monroe County, Inc. believes the ability to read is critical to personal freedom. Our goal is to provide one to one and small group literacy training to enable our students to achieve personal goals through increased literacy skills. " '. Our agency plans to l18e tile IlUJney we are requesting to be put towards general operating expenses including insurance, books, staffing, tutor training materials and office supplies. Creative II1Id llUlovative Projects: This year our agency fonned a partnership with Monroe County Schools and United Way of Monroe County to create "Hospitdity Pbu, " an expanded program which builds on our successful Workplace Literacy prognm to provide expanded workplace English training for beginning and advanced students at local businesses. We are pleased this program is paying for, itselt In addition, through a grant from the UW AlUPS Foundation, we also began "lntqrllting 77ae Non-English Speaking Wor1c6 1ntD 77ae Colll1lllUlit.Y" which takes advanced students from "Hospitlllity Pbu" and helps them acquire additional English and literacy s~11s to prepare them for citizenship and help them make more significant contributions to the community. When IlUlldngfinalfimding decisiolU we would appreciate the board considering the value and impact of the services we provide to our economically and educationally disadvantaged and disenfnnchised clients and their families. Without literacy training, many students would be unemployable, living on the streets, open to potentially harmful and abusive situations, passing along a tradition of illiteracy to their children. Our clients believe that increased literacy skills have enhanced their mental and physical wellness and increased their chances at attaining self sufficiency in a literate society. Our Govemint: Board We have 13 members on our governing Board of Directors. Our authorized number of Board Members is no less than 11 and no more than 14. Our board meets monthly except during the months of June through September. Average board attendance is 750/0. Board Members typically serve for one year. Officers commit to a three year tenn. The maximum number of years a Board Member may serve are two three-year terms or a total of six years. Enclosed please find a current Board list.