FY2001..11/21/2000 Agreement
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BRANCH OFFICE
3117 OVERSEAS InGHWA Y
MARAlHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WInTEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS InGHWA Y
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
DATE:
December 1, 2000
TO:
Jennifer Hill, Budget Director
Office of Management & Budget
ATIN:
Dave Owens
Grants Administrator
Pamela G. Hancok
Deputy Clerk U
FROM:
At the November 21,2000, Board of County Commissioner's meeting the Board adopted
Resolution 445-2000 concerning the Transfer of Funds and granted approval and authorized
execution of and Agreement between Monroe County and Big Pine Athletic Association to
increase amount from $18,000.00 to $48,000.00.
.
Enclosed please find a copy of the Resolution and a duplicate original of the Agreement
for your handling. Should you have any questions please feel free to contact this office.
Cc: County Administrator w/o documents
County Attorney
Finance
File
AGREEMENT
BPKAA
This Agreement is made and entered into this 7-/~ day of NdVfA'V1 ?;~I::.. ,
2000, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
hereinafter referred to as "Board" or "County," and BIG PINE KEY ATHLETIC ASSOCIATION,
INC., hereinafter referred to as "Provider."
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 services 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 services for recreational use for young persons living in Monroe County,
Florida, shall pay to the Provider the sum of FORTY-EIGHT THOUSAND DOLLARS ($48,000.00)
for fiscal year 2000-2001.
2. TERM This Agreement shall commence on October 1, 2000, and terminate
September 30, 2001, unless earlier terminated pursuant to other provisions herein.
3. PAYMENT Payment will be paid periodically, but no more frequently than
monthly as hereinafter set forth. Reimbursement requests will be submitted to the Board via
the Clerk's Finance Office. The County shall only reimburse, subject to the funded amounts
below, those reimbursable expenses which are reviewed and approved as complying with Florida
Statutes 112.061 and Attachment A - Expense Reimbursement Requirements. Evidence of
payment by the Provider shall be in the form of a letter, summarizing the expenses, with
supporting documentation attached. The letter should contain a certification statement as well
as a notary stamp and signature. An example of a reimbursement request cover letter is
included as Attachment B. 3:
After the Clerk of the Board examines and approves the request for reirr@Jr$im~, t:Be
Board shall reimburse the Provider. However, the total of said reimburs~!lt E#ij>erf~
payments in the aggregate sum shall not exceed the total amount of $48,OoffiOO::tiur4ii'!tg me
term of this agreement. g;..,:" , , 6
c: ::is ~::l~: ;0
4. SCOPE OF SERVICES The Provider, for the consideration name~~ena'its and
agrees with the Board to substantially and satisfactorily perform and carry out toe 'ewWR;of ~e
Board in providing activities in a wholesome environment free from drugs and jilcQfiPI _ yo~g
persons living in Monroe County, Florida. Provider shall provide services described in AttCtthm:ent
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 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 times 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 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:
Dave P. Owens, Grants Administrator
Public Service Building
5100 College Road
Key West, FL 33040
and
Monroe County Attorney
PO Box 1026
Key West, FL 33041
For Provider
President
Big Pine Key Athletic Association
P. O. Box 430089
Big Pine Key, Florida 33043
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
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.
ESS WHEREOF, the parties hereto have caused these presents to be executed as
ar first written above.
BOARD OF COUNTY COMMISSIONERS
J MONROE COUNTY, FLORIDA
~~ L~ KJ~~d
or/Chairman L. (J
~~s
~~
jdconbpkaa - youth
BIG PINE KEY ATf%ETIC ASSOCIATION
:e~::~~~~?~o )
President
ATTACHMENT A
Exoense Reimbursement Reauirements
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 FS 112.061, which is attached for
reference.
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 expenses 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 305/292-3528.
pavroll
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 and Liability insurance
coverage.
Teleohone Exoenses
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.
Suoolies. 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 payments will not be
allowable expenses.
Postaae, overniaht 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 original vendor invoice must be included.
ATTACHMENT B
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 Oraanization name) for the
time period of to
Check # Pavee Reason Amount
101 A Company Rent $xxxx.xx
102 B Company Utilities $xxxx.xx
103 D Company Phone $xxxx.xx
104 Person A Payroll $xxxx.xx
105 Person B Payroll $xxxx.xx
(A) Total $xxxx.xx
-------
-------
(B) Total prior payments $xxxx.xx
(C) Total requested and paid (A + B) $xxxx.xx
(D) Total contract amount $xxxx.xx
Balance of contract (D - C) $xxxx.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 organization's contract with the Monroe County Board of Commissioners
and will not be submitted for reimbursement to any other funding source.
Executive Director
Attachments (supporting documentation)
STATE OF FLORIDA
COUNTY OF MONROE
SWORN TO AND SUBSCRIBED before me this _ day of , 200_ by
(Event Contact Person) who is personally known
to me
presented as identification:
Notary Public, State of Florida at Large
My Commission Expires:
Jdconhsoex
Attachment C
The Big Pine Key Athletic Association is a 501 (c) (3) non-profit organization that provides
organized sports as well as other activities for youth. The BPAA has served the LDwer Keys
community for twenty years by organizing, promoting and providing the facilities, insurance and
equipment for sport teams. Through the efforts of the BPAA, the continuity of sports seasons has
been maintained for the you~ kindergarten through high-school. in this area.
Since 1993, the BPAA has also operated the Blue Heron Park Youth Center on Big Pine Key. The
purpose of the youth center is to provide wholesome recreational activities for youth. Fr 18 years
old, during their free hours from school. The four acre center includes a lighted basketball court,
picnic pavilions, a volleyball court, a clubhouse and an under the house game area. The Blue
Heron Park is open Monday -Friday, 3pm - 6pm, and other times, by' appointment. The Park is
staffed by an employee of the BPAA. This payroll is funded in part by a grant from TDC of
Monroe County.
Currently, the BPAA has approximately 300 members. The soccer season is from September-
January and has over 200 participants. The Uttle League teams who play from February - June
have 300 participants. The swim team competes from April to September and has about 70
participants. A basketball league is in the process of being of established.
The Blue Heron Park is available for community use, e.g. parties, meetings.... by appointment
Groups that used the Park in 1999 include the Big Cooperative Preschool playgroup, the Big Pine
Science Oub, the Boy Scouts and an amateur radio club. The Park was also used by the various
sports activities mentioned above for registration and training of players and coaches.
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Big Pine Athletic Association
P.O. Box 430089
Big Pine Key, FL 33043
(305) 872-0292
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September 14.2000
Commissioner Gec~ Neugent
Monroe County
BoaId of County Commissioners
District 2
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~~ ----
VIA Fax:
305-872.9195
Dear Commissioner Neugent:
We recently executed the amendment to our contract with the County to inacasc our
fu.ndiDg by the $30,000 appmwd by the BOCC in June 2000. Dave Ow=s. Grants
AdmiDisuator for dae County. phoned me yesterday to discusS the use of these funds and
tM timing. He is 1,e1liDg me tbm because dae additional monies were provided for as an
amendment 1.0 our 199!)-2000 funding conU'ICl, we only have until the end of me fiscal
year (913012000) tQ U5e the $30,000. Obviously this presents a pmblem for us. We make
pat efforts eecb :year to work well within our budget and allow for unforeseen expenses.
We still have $3,100 of the original $18.000 c;omAtt t.o $Ubmit for reimbuzscmcnt by the
end ottbe same ~ Yeai'. To be able to rcspcmsibly and productively use the $30.000
additional fundiDg. ~ need ~ time than the cOntIact is allowing.
Although the proposal was to provide funding 10 assist the BPAA in operating summer
propams for Big Pine and the Lowa' Keys. we could not count on the availability or
these funds wbcD plmniDs our IC1ivities as past summer. We began the pIOC6$$ in May
with the hiring of ~ with the actual P1'Op3D1 SUJrting Junc 19"'. We made the
decision 8S a Board that we would fund the procram through the monies we bad in
addition t.o regiSb'utioD fees and panicipation in the WAGES Coalition through Wesle)"
HOU$C. The]m)llUl hI4 over SO panieiptmts. weill OIl over 30 field trips and ended on
August 19*. Although the BPAA absorbed some of the cost ovcmms. we had anticipated
~h and the program was basiQlly self-sufficiCDL
We k=w we would Dol receive 8IIY monies in time for this summer, therefore we had
begun planning the use oflhese t\mds for an after.school propam and to bqin
purr"lua~ ,~ional equipnent for use year-round II 1be Park. We have biIed a new
p8Jt-bme plid employee to woJk a maximum of 30 hours per week serving as a Youth
Dilector at Blae Heron ad Administrative Li.aisoD. for aU oCtile activities that can UDder
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the BP AA. Weare counting on a portion of the additional funding to assist with payroll
for this.individual who will be Rsponsible forphtm'li"g, orglln;7ing and implc:mentin;
DCW and consistent programs to meet the needs of our community. In addition, this
person will serve as spc,kesperson and represezuative of the BPAA in working with all of
the savic~ organizations in our endeavor to make better use of the facilities available and
provide more a~hities. We would hope this penon would provide for CDbanc:cd
continuity and eentnlit.ed recordkecping within our otherwise all volunteer organization.
All leading to IIClt1 yarOs summer propam being even bigger BOd better with increasc:d
staff and more recreational equipment at Blue HtrDD...
We would mfUesl that the BOCC ccmsider either cxtmding the rime frame in which ~
can use the additional fUnding or add the $30,000 to our 2000-2001 Nndiog conbet for
use in the upcoming fiscal)'Cll". We have come a long way this year and have great plans
for the future use (,fBlue Heron Park and the establishment of a variety of new activities
for the youlh oftb: Lowa' Keys. We want to make the best use ofthc monies pI'Oyjded
~o us through the renerosity of the Coumy Commission. In order to do that we need
more time.
We will need to know if we have any options available to us as soon as possible.
Otherwise, we'D be very busy trying to spend 530.000 In the next two weeks' I can be
reached at 293-11 J 1 or 587-3630 at your ear1icst~onvenicDce. As always, we appreciate
YOW' contimJed support of our organizatiOD and look forward to working with you during
the coming year.
:r:-QZa~eL
Teresa B. Walker
President
PACE
P.2
2/2
Resolution No.
445
- 2000
A RESOLUTION CONCERNING THE TRANSFER OF FUNDS
WHEREAS, it is necessary for the Board of County Commissioners of Monroe County,
Florida, to make budgeted transfers in the Monroe County Budget for the Fiscal Year
2001, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously
set up in the Monroe County Budget for the Fiscal Year 2001 as, hereinafter set forth to
and from the following accounts:
Fund #OOl-General Revenue Fund
Activity #5720-Parks and Recreation
From: 001-5900-85500-590990 Other Uses
Cost Center # 85500-Reserves 001
For the Amount: $30,000.00
To: 001-5720-03704-530340 Contractual Services
Cost Center # 03704-Big Pine Athletic Association
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board, upon
receipt of the above, is hereby authorized and directed to make the necessary changes of
said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 21st day of November, 2000, A.D.
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Mayor NEUGENT = yes
Mayor ProTem WILLIAMS yes
Commissioner jMCCOY yes
Commissioner' NELSON yes
Commissioner' SPEHAR yes
BO~.?l,COUNTY COMMISSIONERS..
?!MONROE COUNTY, FLORIDA
BY:~$-,e ~~d
Ma Chairman '-- ~
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