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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 :x Q "T1 drugs and alcohol, now, therefore, 0 ~ Q - :z:...- r- :::0 ("') Z (... ,." IN CONSIDERATION of the mutual promises and covenants contained he~~~ is ire~ cr r- , ..." as follows: 0 ("'). ..... 0 c ::0 ;s;: :::0 Z. 0 -v _:n:J 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. '-. " WNESS'WHEREOF, the parties hereto have caused these presents to be executed as of the d. o';orrct-year firsf written above. " I~,Y_" , ,;'@'J& (SE ~~!r~;." ATTE " \D.4.t:.INYL. KOLHAGE, CLERK ).. ',.., ,-, '. ').,- Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA r. "~I .!. ~~ " _:,!f' if Bye:"",,! /v!,..,"l. '~y "......t~..: Mayor/<!hairman By BIG PINE KEY ATHLETIC ASSOCIATION (FederallD No.59-:J;.551~ Witness ~~v 0 - By ~id~l~ Witness jconiibpkaa - youth II PJ 'B;~ llne. Athldie Association 1?o, 130,( S"l 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, ~$, Ynu Ph s I. Meyer, ~ Acting President, BPAA Treasurer, BPAA ~< ke11t>rml JoAnn Neurath, v I . Secretary, BPAA n i Strocl{, orresponding Secretary, BPAA fj ~ Jh~ \-i' 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. ~~g~re~/ Date: p.~(J dJ dO" 0 STATE OF r/O r I~~ , 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 ~ <:.' Cf1) :::E'N\.\O<M, '~_' /ld c -~ ~t NOTARY P . 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." .. 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. "" -.. ...... E~~HIBIT C MONROE COUNTY BOAHD O~" COUNTY COMMISSIONERS ORGANIZATION, PROGRAMS AND POLICY GUIDELINES FOR THE YOUTH ORGANIZATIONS OF MONROE COUNTY September 1993 .r . 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. ,. .... 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. / ," ......... , . 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. ...., ui( ,. G. .... 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. -, <. " .. 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 ,~, , , r 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. ") oJ ... ../ ./ ( .." / ,,- I. -.. 1" 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 <1