FY2000 10/13/1999
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This Agreement is made and entered into this /3 day of CVe (7)i3C,",~999,
between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter
referred to as "Board" or "County," and HEART OF THE KEYS RECREATION ASSOCIATION, INC.,
hereinafter referred to as "Provider."
AGREEMENT
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, the Provider provides such activities in a wholesome, alcohol-free and drug-
free environment for young people of Monroe County, and
WHEREAS, it is a legitimate public purpose to provide facilities and seNices for
recreational use and social functions of the community in a wholesome environment free from
drugs and alcohol, 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 providing
facilities and seNices for recreational use for young persons living in Monroe County, Florida,
shall pay to the Provider the sum of Eighteen Thousand Dollars ($18,000.00) 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 $18/000.00 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 activities in a wholesome environment free from drugs and alcohol to
young persons living in Monroe County, Florida. Provider shall provide seNices described in
Attachment C, attached hereto 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 seNices
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.
seNants or agents to be employees of the Board.
8. COMPLIANCE WITH LAW. In providing all seNices pursuant to this agreement,
the Provider shall abide by all statutes. ordinances, rules and regulations pertaining to or
regulating the provision of such seNices, 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 shall comply with the
"Organization. Programs and Policy Guidelines for the Youth Organizations of Monroe County."
At a minimum, the provision requires the Provider to 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;
(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
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 and
502 Whitehead Street
Third Floor
Key West. FL 33040
John Carter, OMB Director
Public Service Building
5100 College Road
Key West, FL 33040
For Provider:
Rose Stayduhar, Secretary
Heart of the Keys Recreation Association, Inc.
810 33rd Street
Marathon, Florida 33050
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.
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.
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
the day and yegLflt:s.t written above.
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ATTEST: Df," NN't, ' , b.b. KOL:.,')' GeE'FLERK
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BY~
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~~~, 'VV... - ~ -_.::\~-
By ~
Mayor/Chairman
HEART OF THE KEYS
RECREATION ASSOCIATION, INC.
(FederallD No. u6"- tJ.gtj -Y//'1 )
Witness
BYJuy . 5~dY
S cretary
APPROVED AS TO FO
AND ,AL SU::FI
Witness
jconiiheart -youth
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
ETHICS CLAUSE
1l OS t S~"1clJja.(
warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any formcr County officcr or employcc in violation of
Section 2 of Ordinancc no. 10-1990 or any County officcr or employce in violation of
Sect ion 1 of Ordinance No, 10-1990. For breach or violation of this provision thc 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 fcc,
commission, pcrcentage. gift. or consideration paid to thc fonncr County officer or employee.
#J( S4ctJIII
(signature)
Date: /oiJ rj 0/1 .
, -
STATE OF _lh(; dOv
COUNTY OF .. N\\)'\V"b!S
PERSON ALL Y APPEARED BEFORE ME, the undersigned authority,
- ~(}Se, J~, dv.-ho./
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this r-1.~4h day of
(lJvbv-
,19 qq.
I''''Y~ANOELA DIANE CULV.\i'R
'Jlo W MY COMMISSION * cc 83Ot36
#/f OF fl." EXPIRES: Apr 26. 2003
1-!l(l().3-NOTARY FIe, Nolery Service & Soncling Co,
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NOT RY PUBLIC
My commission cxpires: ~j3
.
OMB - Mer FORM #4
PUBLIC ENTITY CRIME STATEMENT
itA 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."
..
ATIACHMENT A
Expense Reimbursement Requirements
This document is intended to provide "basic" guidelines to Human Service Organizations, county
travellers, 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,
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 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 Stephanie Griffiths at 305-292-3528.
f
Payroll:
A certified statement verifying the accuracy and authenticity of the payroll expenses.
If a Payroll Jottmal 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 an" :!ability insurance
coverage.
Telephone expenses:
A user log of pertinent infonnation 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 p;"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 for reimbursement.
For <?vemight 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 rc 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~ 'u'Sement of
i Travel Expenses. Credit card statements are not acceptable documentation for f' .m. lrsement.
Airfare reimbursement requires the original passenger receipt portion of the aiIiine licket. A
travel itinerary is appreciated to facilitate the audit trail.
Auto rental reimbursement requires the original vendor lnVOlce. Fuel pun .hases should be
documented with original paid receipts.
Original taxi receipts should be provided. However, reasonable fares will be reimbl 'fsed without
receipts. Taxis are not reimbursed if taken to arrive at a departure point: for ex!,. ole, taking a
taxi from one's residence to the airport for a business trip is not reimbursable.
I
Original toll receipt;; 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 detail 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 am for breakfast reimbursement, before noon and end after
2pm for lunch reimbursement, and before 6pm and end after 8 pm for dinner reimbursement.
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Mileage reimbursement is calculated at 20 cents per mile for personal auto mileage while on
county business. Effective October 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 time, etc.:
I
The original vendor in'9'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.
The following expenses 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)
SGIUr r 11 HS
WP51\PROCEDUR\EXP _REIM
A TT ACHMENT D
HUMAN SERVICE ORGANIZATION LETTERHEAD
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 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
$xxxx.X(
$xxxx.xx
$xx~'X.xx
$xx <x.xx
(A) Total
(B) Total prioryayments
t
(C) Total requested and paid (A + B)
Sxxxx.xx
$xxxx.xx
$xxxx.XX
(0) Total contract amount
t.
,.!lXXXX.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 01 her funding source,
Executive Director
Attachments (supporting documentation)
Sworn and subscribed before me this _ day of
199_.
Notary Public
Notary stamp