FY2000..10/13/1999 Agreement
AGREEMENT
This Agreement is made and entered into this /..3 -1:.-1, day of () C 1-. ,1999,
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
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drugs and alcohol, now, therefore, 0 ~ Q -
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IN CONSIDERATION of the mutual promises and covenants contained he~~~ is ire~
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1. AMOUNT OF AGREEMENT. The Board, in consideration of the Provi~bs~tiQ'I'fJ
and satisfactorily performing and carrying out the duties of the Board as to pr~id~ ~i1itQ;
and services for recreational use for young persons living in Monroe County, Florjda, ~al~ay~
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 services 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 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
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:
John Carter, Director, OMB
Public Service Building
5100 College Road
Key West, FL 33040
and
Monroe County Attorney
502 Whitehead Street
Third Floor
Key West, FL 33040
For Provider
Keith Jones, President
Big Pine Key Athletic Association
P. O. Box 89
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.
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" WNESS'WHEREOF, the parties hereto have caused these presents to be executed as of
the d. o';orrct-year firsf written above.
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ATTE " \D.4.t:.INYL. KOLHAGE, CLERK
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Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor/<!hairman
By
BIG PINE KEY ATHLETIC ASSOCIATION
(FederallD No.59-:J;.551~
Witness
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'B;~ llne. Athldie Association
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13;q 1tne. '4, 'Florida, 3.30'f3
April 13, 1999
Ms. Deanna Lloyd, Grants Adminstrator
5JOOCollege Road
Key West, FL33040
Dear Ms. Lloyd:
The intention of this letter is to notify all interested and concerned parties
that Phyllis I. Meyer is the Treasurer of the Big Pine Athletic Association (BPAA),
having been elected to this post in December, 1998.
Ms. Meyer is also currently serving as President of the BP AA until this
position can be filled by a qualified individual. As Acting President of the BPAA,
Ms. Meyer has the authority to sign for the organization in corporate and financial
matters.
Sincerely yours,
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Ph s I. Meyer, ~
Acting President, BPAA
Treasurer, BPAA
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JoAnn Neurath, v
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. Secretary, BPAA
n i Strocl{,
orresponding Secretary,
BPAA
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Sharon Heinrich, Executive
Director, BPAA
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
ETHICS CLAUSE
'?J 'g 17, i.u J A-lil {e:h'c As~c.. warrants that helit 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
Sect ion" of Ordinance No. ] 0-1990. For breach or violation of this provision the County
may. in its discretion. terminate this contract without liability and Illay also. in its discretion.
deduct from Ihe contract or purchase price, or otherwise recover, the full amount of any fcc,
commission. percentage, gift. or consideration paid to the former County officer or employee.
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Date: p.~(J dJ dO" 0
STATE OF r/O r I~~
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COUNTY OF fYJ 0 Ny dP
PERSON ALL Y APPEARED BEFORE ME, the undersigned authority,
PA l))J~ 1/7~~('y
who, after first being sworn by me, affixed his/her
'2 ,..{ day of
signature (name of individual signing) in the space provided above on this
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:::E'N\.\O<M, '~_'
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~t NOTARY P
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PUBLIC .ITATE OF FLORIDA
tlor~""IITOPHER C MEYER
COMMISSION' CC711764
PPlRI81211~1WfIlRY'
IOtlOID 1MIIlU '*"
My commission expires:
OMB - MCP FORM #4
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 of 36 months from the date of being placed on the
convicted vendor list."
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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 verifyi~g the accuracy and authenticity of the payroll expense i~ 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 Statu!e 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
HUMAN SERVICE ORGANIZA nON
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
ATTACHMENT B
The following is a summary of the expenses for (Human Service Organization name) for the time
period of 05/0 1/99 to 05/31/99.
Check # Payee Reason
101 Realty Co. May rent
102 Electric Co. May utilities
103 Phone Co. May phones
104 John Doe P/R ending 05/14/99
105 John Doe P/R ending OS/28/99
(A) Total
(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)
Amount
$ 1,500.00
250.00
50.00
800.00
800.00
$ 3.400.00
$ 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
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 Lower 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 youth, 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, 8-18 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 ofthe 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 Little 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 Club, 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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E~~HIBIT C
MONROE COUNTY BOAHD O~" COUNTY COMMISSIONERS
ORGANIZATION, PROGRAMS AND POLICY GUIDELINES
FOR
THE YOUTH ORGANIZATIONS OF MONROE COUNTY
September 1993
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The Monroe County Board of County Commissioners recognizes '..
the need to provide for wholesome recreational and educational
activities for the youth of ['lonroe County during their free hours
from school.
The Monroe County Board of County Commissioners therefore is
conunitted to providing suitable facilities and an annual
apportionment of equitably distributed funds in direct support of
the Board of County Commissioners' recognized and approved Youth
Organizations of Monroe County.
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However, the Monroe County Board of County Commissioners
reserves the privilege of insuring that the organization,
management, programs, policies and procedures of the You.th
Organizations .are in keeping with the highest ethical, moral and
social principles.
Therefore, in order to be recognized and supported by the
Board of County Commissioners as an approved Monroe County Youth
Organization, the Organization must demonstrate and sustain
compliance with the following organization, programs and policy
guidelines and philosophy.
1. The Youth Organization is to be incorporated as a
not-for-profit-organization in compliance with Sectio~
SOJ.(c)(3) of the Internal Revenue Code.
2. The Youth Organization shall
corporate powers exercised by a 7
of Directors elected by the adult
Organiza tion. '
be managed and the
member (or larger) Board
membership of the Youth
3. The Youth Organization Board of Directors shall annually
hold a meeting of the Corporation for the purposes of Ule
election of the Directors and Officers and the presentation
of an annual report, a copy of which is to be provided to the
County Commission.
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ORGANIZATION, PROGRAMS AND POLICY GUIDELINES
FOR
THE YOUTH ORGANIZATIONS OF MONROE COUNTY
September 1993
Pdge Two
4. The Youth Organization Board of Directors shall_develpp
and adopt Corporation Bylaws \'1hich shall, as a minim~,
include the following: . ~'
A.
B.
C.
D.
E.
F.
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Purpose of the Corporation
General membership composition
Board of Directors composition, qualifications,
powers, tenure, termination, and responsibilities.
Officer elections, duties and responsibilities
Board Supervision of the Program and Administrative
Directors and their duties and responsibilities.
Committees, inclUding member appointments,
programs, personnel, building and grounds, fund
raising, public relations, and finance.
Prohibition of the use of Alcoholic Beverages,
Tobacco weapons,and Drugs.
5. The Youth Organization Board of Directors shall develop
and adopt a Corporation Policy and Procedures l-lanual which
shall include:
~~".
A. A Code of Personnel Policies governing employment
conditions in the Youth Organization, includin.9 a
grievance procedure to hear appeals of employee~;
against any violation of Personnel Policies.
B. Procedures for the hiring, disciplining and
dismissal of the Youth Organization employees.
C. A drug, alcohol, and no smoking policy.
D. Pre-employment drug testing.
E. Employee Progressive discipline procedures.
F. Equal Employment OPPol'tunity provisions.
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OHGANIZATION, PROGHAMS AND POLICY GUIDELINES
FOR
THE YOUTH ORGANIZATIONS OF MONROE COUNTY
September 1993
PdgC Thrce
G. Acceptable types of recreational and educational
programs.
H. Procedures, staffing and chapcrone requirements for
the everyday operation and special events of the
Youth Organization.
6. The Youth Organization Board of Directors shall develop
and adopt hiring poliGics for all Youth Organization
employces"to include the following:
A. Procedures governing the selection and appointment
of the Program and Administrative Directors.
B.
Pre-cmployment backg~ound, driver's license,
fingerprint, Child Abuse Registry
personal/employer reference checks.
and
C. ,Prc-employment drug testing.
D. Conditions and terms of employmcnt.
( 7. The Youth Organization shall devclop and adopt Position
'I.. Descriptions and Qualification criteria for all Youth Club
cmployees. The Program (Youth Organization) Director's
qualification criteria shall include:
1\. A bachelor's degree and a minimwn of two years of
supcrvisory and/or management experience working
with typical youth activity organizations; or
'.
B. A master's level degree can substitute for one year
of the required experiencc; or
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C.
Extensive experience with youth activity
organizations in a supervisory or management
capacity may be substituted for the educational
rcquirements.
8. Initially, the Youth Organization Board of Directors
shall submit copies of their "Not for Profit II designation,
Corporate By Laws, Policy and Procedure Manual, and employee
position descriptions to the office of the Monroe County
Administrator.
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ORGANIZATION, PUOGRAMS M.m POLICY GUIDELINES
FOR
THE YOUTH ORGANIZATIONS OF f10NROE COUNTY
September 1993
Page Four
The County Administrator will. then in turn report to the
Monroe County Board of County Commissioners as to whether the
Youth Club is in compliance with the Commissions' guid~lines.
Subsequently, the Youth Organization Board of Directors
shall submit copies of all amendments to the above noted
corporate documents for review by the County Administrator.
The County Administrator shall notify the Doard of
County Commissioners of any instance or event noted to not be
in compliance with the Conunissions' Organization, Programs
and Policy Guidelines. Any such non-compliance by any Monroe
County Youth Organization could jeopardize !:he County
Conunissions continued support thereof.
Prepared by
Thomas W. Brown
County Administrator
and
Amended by the Monroe County Board of County Commissioners
S~ptcmber 15, 1993
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