FY2002 10/17/2001
Clerk Dllhe
Circul COlIn
Danny L. Kolhage
Office 305-292-3550 Fax 305-295-3615
Memnrandum
To:
Jennifer Hill, Budget Director
Office of Management & Budget
From:
Danny L. Kolhage 1\ / 1J:
Clerk -JI~.
Date:
Tuesday, October 30,2001
At the October 17, 2001, Board of County Commissioner's meeting, the Board
granted approval and authorized execution of the following Fiscal Year 2002 Contracts
funded directly by the BOCC to provide funding for various mental health, cultural, and
youth recreations services: Historic Florida Keys Foundation, Inc., in an amount not to
exceed $30,000.00; and Monroe Council of the Arts Corporation, d/b/a Florida Keys
Council of the Arts, in the amount of $45,000.00.
Enclosed is a duplicate original of each of the above mentioned for your handling.
If you have any questions concerning my request, please contact me.
Cc: County Administrator w / 0 documents
County Attorney
Finance
~ile
FUNDS AGREEMENfI
THIS AGREEMENT is made and entered this 17 day of OC// ,
2001, by and between MONROE COUNTY, a political subdivision of the State of Florida,
whose address is 5100 College Road, PSB Wing II, Key West, FL 33040, hereinafter referred
to as "COUNTY," and the Historic Florida Keys Foundation Inc., whose address is Old City Hall,
510 Greene Street, Key West, FL 33040, hereinafter referred to as the "HISTORIC
FOUNDATION."
WITNESSETH
WHEREAS, the COUNTY is in need of an implementing agency to develop, coordinate,
and promote historic preservation in Monroe County, Florida and surrounding areas; and
WHEREAS, the HISTORIC FOUNDATION is the sole provider of this program; and
WHEREAS, the COUNTY has agreed to disperse funds to the HISTORIC
FOUNDATION in accordance with the COUNTY'S budgetary procedures.
NOW THEREFORE, in consideration of the mutual understandings and agreements set
forth herein, the COUNTY and the HISTORIC FOUNDATION agree as follows:
Section 1. TERM - The term of this Agreement is from October 1, 2001, through
September 30,2002, the date of the signature by the parties notwithstanding, unless earlier
terminated as provided herein.
Section 2. SERVICE - The HISTORIC FOUNDATION will provide services to effectively
meet the historic preservation needs in Monroe County, Florida and surrounding areas,
specifically to provide property management, inter-governmental assistance, technical
preservation services, and public education.
Section 3. FUNDS - The total project budget to be expended by the HISTORIC
FOUNDATION in performance of the services set forth in Section 2 of this agreement shall not
exceed the total sum of $30,000. All funds shall be distributed and expended in accordance
with the County's budgetary policies and procedures.
Section 4. BILLING AND PAYMENT
(a) The HISTORIC FOUNDATION shall render to the COUNTY, at the close of each
calendar month, an itemized invoice properly dated, describing the services rendered, the cost
of the services, and all other information required by the Finance Director. The original invoice
shall be sent to:
Monroe County Finance Department
500 Whitehead Street
Key West, FL 33040
(b) 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 HISTORIC FOUNDATION shall be in the form of a letter, summarizing the expenses, with
supporting documentation attached. The letter should contain a certification statement An
example of a reimbursement request cover letter is included as Attachment B. The
organization's final invoice must be received within sixty days after the termination date of this
contract shown in Section One, above.
After the Clerk of the Board examines and approves the request for reimbursement, the
Board shall reimburse the HISTORIC FOUNDATION. However, the total of said
reimbursement expense payments in the aggregate sum shall not exceed the total amount
shown in Section Three, above, during the term of this agreement.
Section 5. TERMINATION - This Agreement may be terminated by either party at any
time, with or without cause, upon not less than thirty (30) days written notice delivered to the
other party. The COUNTY shall not be obligated to pay for any services provided by the
HISTORIC FOUNDATION after the HISTORIC FOUNDATION has received notice of
termination. In the event there are any unused Funds, the HISTORIC FOUNDATION shall
promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY
directs.
Section 6. ACCESS TO FINANCIAL RECORDS I RECORDS - The FOUNDATION
shall maintain appropriate financial records concerning funds received under this agreement
and such records shall be open to the public at reasonable times and under reasonable
conditions for inspection and examination. The FOUNDATION shall comply with generally
accepted accounting principles in keeping the records of funds received and expended in
connection with and pursuant to this agreement.
Section 7. NOTICES - Whenever either party desires to give notice unto the other, it
must be given by written notice, sent by registered United States mail, with return receipt
requested, and sent to:
FOR COUNTY:
David P. Owens, Grants Administrator
Public Service Building
5100 College Road
Key West, Fl 33040
FOR HISTORIC FOUNDATION:
Jack london
Historic Florida Keys Foundation
510 Greene Street
Key West, Fl 33040
Either of the parties may change, by written notice as provided above, the addresses or
persons for receipt of notices.
Section 8. UNAVAilABILITY OF FUNDS - If the COUNTY shall learn that funding
cannot be obtained or cannot be continued at a level sufficient to allow for the services
specified herein, this Agreement may then be terminated immediately, at the option of the
COUNTY, by written notice of termination delivered in person or by mail to the FOUNDATION
at its address specified above. The COUNTY shall not be obligated to pay for any services
provided by the FOUNDATION after the FOUNDATION has received notice of termination.
Section 9. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services
pursuant to this Agreement, the FOUNDATION shall abide by all statutes, ordinances, rules,
and regulations pertaining to, or regulating the provision of, such services, including those now
in effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the
State of Florida and Article 1 of the United States Constitution, which provide that no revenue of
the state or any political subdivision shall be utilized, directly or indirectly, in aid of any church,
sect or religious denomination or in aid of any sectarian institution. Any violation of said
statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement
immediately upon delivery of written notice of termination to the FOUNDATION. If the
FOUNDATION receives notice of material breach, it will have thirty days in order to cure the
material breach of the contract. If, after thirty (30) days, the breach has not been cured, the
contract will automatically be terminated.
Section 10. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this
Agreement shall assign this Agreement or any interest under this Agreement, or subcontract
any of its obligations under this Agreement, without the written consent of the other.
Section 11. EMPLOYEE STATUS - Persons employed by the FOUNDATION in the
performance of services and functions pursuant to this Agreement shall have no claim to
pension, worker's compensation, unemployment compensation, civil service or other employee
rights or privileges granted to the COUNTY's officers and employees either by operation of law
or by the COUNTY.
Section 12. INDEMNIFICATION - The FOUNDATION agrees to hold harmless,
indemnify, and defend the COUNTY, its commissioners, officers, employees, and agents
against any and all claims, losses, damages, or lawsuits for damages, arising from, allegedly
arising from, or related to the provision of services hereunder by the FOUNDATION.
Section 13. INSURANCE - The FOUNDATION shall, at its expense, maintain fire,
extended risk, and liability insurance coverage on all real properties. The extended risk and fire
insurance coverage shall be in an amount equal to the full insurable replacement value of any
improvements or furniture, fixtures, equipment or furnishings located on these properties. The
FOUNDATION shall immediately notify the COUNTY of any erection or removal of any
improvement on the real properties and any changes affecting the value of any improvements
and shall make adequate changes in the coverage to reflect the changes in value. The liability
insurance coverage shall be on a Medical Incident basis in amounts not to exceed
$1,000,000/$3,000,000 for personal injuries under such liability policy. The FOUNDATION shall
maintain for its staff, during the term of this agreement, liability insurance to cover any and all
liability for claims, damages, or injuries to persons or property of whatsoever kind of nature
arising out of activities caused by the negligent or wrongful act or omission of these
participants, as such terms may be further defined herein or by administrative rule, while acting
within the scope of his/her office or employment, pursuant to the provisions and limitations of
section 768.28 Florida Statutes.
Section 14. ENTIRE AGREEMENT
(a) It is understood and agreed that the entire Agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof as well as any previous agreements presently in
effect between the parties relating to the subject matter hereof.
(b) Any alterations, amendment deletions or waivers of the provisions of this Agreement
shall be valid only when expressed in writing and duly signed by the parties.
B
BOARD OF COUNTY COMMISSIONERS
OF .~NROE COUNTY, FLOri A cr-
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ayor/Chairman ~
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Witness
HIS~O FLORIDA KEYS
FO D ION, INC.
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BY
DATE
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 needs
to also contain a notarized 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. 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 payroll taxes, check number
and check amount. If a Payroll Journal is not provided, the following information must be
provided: check amount, check number, date, payee, support for applicable 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.
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 Expenses. Travel must be submitted in accordance with Florida Statute 112.061.
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.
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.
ATTACHMENT B
ORGANIZATION
LETTERH EAD
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 OS/28/01 XXX.XX
(A) Total $ X.XXX.XX
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX
(D) Total contract amount $ X,XXX.XX
Balance of contract (D-C) $ X.XXX.XX
I certify that the above checks have been submitted to the vendors as noted and
that the expenses are accurate and in agreement with the records of this
organization. Furthermore, these expenses are in compliance with this
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 to and subscribed before me this _ day of 2001
by who is personally known to me.
Notary Public
Notary Stamp
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 of36 months from the date of being placed on the
convicted vendor list."
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
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c~~ants that helit has not employed, retained
its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
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PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
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who, after first being sworn by me, affixecI@ber
signature (name of individual SIgning) in the space provided above on this -1.2L- day of
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OMB - MCP FORM #4