FY2000 10/13/1999
FUNDS AGREEMENT
THIS AGREEMENT is made and entered this l,jth day of Oc to ber
1999, 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 Momoe 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, 1999, through
September 30, 2000, 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:
Momoe County Finance Department
500 Whitehead Street
Key West, FL 33040
(b) Payment shall be made after review and approval by the COUNTY within thirty (30)
days of receipt of the correct and proper invoice submitted by the HISTORIC FOUNDATION
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 / 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:
Ms. Deanna Lloyd, Grants Manager
Public Service Building
5100 College Road
Key West, FL 33040
FOR PROVIDER:
Jack London
Historic Florida Keys Foundation
510 Greene Street
Key West, FL 22041
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.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~,'~
By MaYOr/~~rman ~_:;. ~
SWORN STATEMENT UNDER ORDINANCE NO. 10- I 990
MONROE COUNTY. FLORIDA
ETHICS CLAUSE
Jack London
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 fo r County officer or employee.
(signature)
~a/~?
STATEOF Florida
..
COUNTY OF Monroe
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
Jack..London
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this / d """""'day of
f)~J ,19JLI{
COt'. ~;/ Ji~
N~ARY PUBLIC' -0
My commission expires:
OMB - MCP FORM #4
~1 '0.,
."~ 6-'-10 o.n..di Harper
* Jij;JJ * My CommISsion CC619693
.,.~,,. Expirel FebN8ry 7. 2001
"" I' ...".t'
p~~~
~ ~.
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."
..
ATfACHMENT A
Expense Reimbursement Requirements
This document is intended to provide "basic" guidelines to Human Service Organizations, coun~y
travellers, and contractual parties who have reimbursable expenses associated with Monroe
County business. These guidelines, as they relate to trave~ are from Florida Statute 112.061,
which is attached for reference.
A cover letter summarizing the major line items on the reimbursable expense '-equest 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 hi 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 qUestillns regarding these
guidelines should be directed to Slephanie Griffiths at 305-292-3528.
i
Payroll:
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
withholdings 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 ane :hibility insurance
coverage;
Telephone expenses:
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.
Supplies, 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 pt.,yments will not be
allowable expenses.
Postage. overnight deliveries, courier, etc.:
A log of all postage expenses as it relates to' the County contract is required tor reimbursement.
For overnight or express deliveries, the original vendor invoice must be included.
. .
Reproductions, copies. etc.:
I
A log of copy expenseS' as it relates to the County contract is required for f( imbursement. The
log must define the date, number of copies made, source document, purpo~;e, and-ecipient. 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 expenses: please refer to Florida Statute 112.061.
Travel expenses must be submitted on a State of Florida Voucher for Reim! ',.-sement of
.. Travel Expenses. Credit card statements are not acceptable documentation for [' ,m. lrsement.
Airfare reimbursement requires the original passenger receipt portion of the airiine licket. A
travel itinerary is appreciated to facilitate the audit trail.
Auto rental reimbursement requires the original vendor lDVOlce. Fuel purc.hases should be
documented with original paid receipts.
Original taxi receipts should be provided. However, reasonable fares will be reimbt ~ rsed without
receipts. Taxis are not reimbursed if taken to arrive at a depanure point: for eX2~. ole, taking a
taxi from one's residence to the airport for a business trip is not reimbursable.
/
Original toll receipb 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 reunbursement requires a detail listing of charges. The original lodging invoice must be
submitted. The County will only reimburse the actual room and related bed tax. Room SeMce,
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 am for breakfast reimbursement, before noon and end after
2pm for lunch reimbursement, and before 6pm and end after 8 pm for dinner reimbursement.
\
V(\\
.
Mileage reimbursement is calculated at 20 cents per mile for personal auto mileage while on
county business. Effective Odober 1, 1994, mileage will be reimbursed at 25 cents per mile. An
odometer reading must be included on the state traVel voucher for vicinity travel. A mileage map
is attached 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 processing, PC tim~ etc.:
I
The original vendor iIn'oice 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.
Tbe following expenses are not allowable for reimbursement:
penalties and fines
non-sufficient check charges
fundraising
contributions
capital outlay expenditures (unless specifically included in the contrad)
depreciation expenses (unless specifically included in the contract)
SGRfrrllHS
WP51\PROCEDUR\EXP _RElM
ATTACHMENTn
HUMAN SERVICE ORGANIZATION LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, Rorida 33040
(Date)
The following is a summary of the expenses for (Human Service Organization_name) for the time
period of _ to _ :
Check # Payee Reason
101 A Company
102 B Company
103 o Company
104 Person A
105 Person B
Amount
rent
utilities
phones
payroll
payroll
$xxxx.xx
$XXXXX(
$xxxx.xx
$xx~'X.xx
$xx <x.xx
(A) Total
(B) Total prio~ayments
,
(C) Total requested and paid (A + D)
$xxxx.xx
$xxxx.xx
$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 thut the expenses
are accurate and in agreement with the records of this organization. Furthermore, these expenses
i 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 and subscribed before me this _ day of
199_.
Notary Public
Notary stamp