FY2000..10/13/1999 AgreementAGREEMENT
This Agreement is made and entered into this day of , 1999, between
the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to
as "Board" or "County," and BIG BROTHERS - BIG SISTERS OF MONROE COUNTY, FLORIDA,
hereinafter referred to as "Provider."
WHEREAS, the Provider is in need of financial assistance, and
WHEREAS, the County has recognized the need and wishes to contribute to the Provider,
and
WHEREAS, the County recognizes that the services of the Provider constitute a service to
the people of Monroe County, 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 children's services needed for the
general welfare of Monroe County, Florida, shall pay to the Provider the sum of Eighteen
Thousand Eight Hundred Twenty Dollars ($18,820.00) 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 $18,820.00 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 cant' out children's services,
including companionship and development services, to persons living 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
2
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;
(e) Corporate Bylaws;
(f) Corporate Policies and Procedures Manual;
(g) Hiring policies for all staff;
(h) Cooperate with County monitoring visits; and
(1) 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
3
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
310 Fleming Street
Key West, FL 33040
For Provider:
Big Brothers/Big Sisters
Post Office Box 505
Key West, Florida 33040
Louis LaTorre, Social Services Director
and Public Service Building
5100 College Road
Key West, FL 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
0
services or goods provided by the Provider after the Provider has received written notice of
termination, unless otherwise required by law.
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.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of
tho day frd y irst written above.
( EA
HAGE, CLERK
By:
Deputy Clerk
jconiibig
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
BIG BROTHERS - BIG SISTERS OF
MONROE COUNTY, FLORIDA
Witness (Federal ID No..S+J .V%9 R 1 )
By
Witness
WED AS TO FO
AL SUFFICI
ANNE A. 70N
rr_
5
SWORN STATEMENT INDFR nRDINAN F NO 10 1990
MONROE O 1NTY FT O m A
ETHICS CLAUSE
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 toAie former County officer or employee.
(signature)
Date:
STATE OF \ `QC
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this II xx�f
day of
� 1 ,19 9
My commission expires:
OMB - MCP FORM #4
of
F -1/-\
"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 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
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
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 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
ATTACHMENT B
HUMAN SERVICE ORGANIZATION
LETTERHEAD
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 (Human Service Organization name) for the time
period of 05/01/99 to 05/31/99.
Check # Payee
Reason
Amount
101
Realty Co.
May rent
$ 1,500.00
102
Electric Co.
May utilities
250.00
103
Phone Co.
May phones
50.00
104
John Doe
P/R ending 05/14/99
800.00
105
John Doe
P/R ending 05/28/99
800.00
(A) Total 3 400. 0
(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) $ 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
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