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Item C20BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 15, 2008 Bulk Item: Yes ® No ❑ AGENDA ITEM WORDING: Division: Budget and Finance Department: Grants Staff Contact Person: David P. Owens amply to the Human Services Advisory Board they are funded dirVtrectly by the Board of County Commissioners as budget fine stems ITEM BACKGROUND: Funds are provided by the Commission upon request by non rofit organizations annually, as part of the County budget process The amount below does not ►ndlude $362.520.00 for the Guidance Clinic of the Middle Keys or $273 600 00 for the Rural Health Network these amounts are included ►n the Human Services Advisory Board funding agenda item (GCMK and and the BOCCI RHN are funded both by the HSAB PREVIOUS RELEVANT BOCC ACTION: Approval of amounts as part of FY 08 budget process. CONTRACT/AGREEMENT CHANGES: Changes to dates and amounts Upper Kevs Community Pool funding is done as an addendum to their lease with the County. STAFF RECOMMENDATION: A roval TOTAL COST: $418,771.00 COST TO COUNTY: 418,771.00 REVENUE PRODUCING: Yes ❑ No BUDGETED: Yes ® No ❑ SOURCE OF FUNDS: ad valorem taxes AMOUNT PER MONTH YEAR APPROVED BY:COUNTY ATTY ElOMxB/PURCHASING ❑ RISK MANAGEMENT ❑ DOCUMENTATION: INCLUDED: NOT REQUIRED: ❑ DISPOSITION: AGENDA ITEM #: CONTRACT SUMMARY CQntnsct# Contract with: Big Pine Athletic Assoc. Effective [}ate:]0/01/08 Expiration Oate:9/30/09 ContractPurpose/Descr|ption: provides funding for youth pr�grams for children of Monroe County Contract Manager: David P. Owens 4482 OMB/Grants (Ext.) (Department) CONTRACT COSTS Total Dollar Value of Contract: $34,711.00 Current Year Portion: ¢34,711.00 Budgeted?YesM NoFl Account Codes: 00}1-01515-530340-____-____ {Srant: $0\100 ____-____-_------------- County Match: $____ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $___Jyr Fnr:____ (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. 2 Changes Date Out Date In Division D1n2CtVr Nded Yes[] NoEq� Risk Manag t �l Y�SNVEl ����'- �w� D.M.B./PUrC����g q YeS[]ND[Z]' County Attorney �j YeSFl Nn0l qxpoz 11111346TIWITAWNWHIM This Agreement is made and entered into this 15 1h day of October, 2008, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Big Pine Athletic Association, Inc., hereinafter referred to as TWHEREAS, the PROVIDER is a not -for -profit corporation established for the provision OA activities for the wholesome development of youths' personal, social, physical, emotional ani spiritual growth, and WHEREAS, it is a legitimate public purpose to provide facilities and services for activities for the wholesome development of youths' personal, social, physical, emotional and spiritual growth, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, |tisagreed as follows: 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing services for activities for the wholesome development of youths' personal, social, physical, emotional and spiritual growth in Monroe County, Florida, shall pay to the PROVIDER the sum of THIRTY-FOUR THOUSAND, SEVEN HUNDRED, ELEVEN, AND NO/100 DOLLARS ($34,711.00) for fiscal year 2008-2009. 2. TERM. This Agreement shall commence on October 1, 2008, and terminate September 30, 2009, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance DMioa. 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 - 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. An example of reimbursement request cover letter is included as Attachment B. The organization'sfinal invoice must be received within sixty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, thr. Board shall reimburse the PROVIDER, However, the total of said reimbursement expensd payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement, 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at level sufficient to allow for continued reimbursement of expenditures for services specified herei this agreement may be terminated immediately at the option of the Board by written notice termination delivered to the PROVIDER. The Board shall not be obligated to pay for any servic or goods provided by the PROVIDER after the PROVIDER has received written notice termination, unless otherwise required by law. I S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract - Big Pine Athletic FY09;page J 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased wilm tw funds provided under this agreement, shall become the property of Monroe County and shall Fn_ accounted for pursuant to statutory requirements. I 7. RECORDS. PROVIDER shall maintain all books, records, and documents direct pertinent to performance under this Agreement in accordance with generally accepted accounti principles consistently applied. Each party to this Agreement or their authorized representativ shall have reasonable and timely access to such records of each other party to this Agreement f public records purposes during the term of the Agreement and for four years following t1l termination of this Agreement. If an auditor employed by the County or Clerk determines th monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized this Agreement, the PROVIDER shall repay the monies together with interest calculated pursua to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 8. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable acce to, and inspection of, all documents, papers, letters or other materials in its possession or und its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by t County and PROVIDER in conjunction with this Agreement; and the County shall have the right unilaterally cancel this Agreement upon violation of this provision by PROVIDER. I 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY: (a) evidence of the organization's 501(c)(3) status; (b) a list of the organization's Board of Directors of which there must be five or more; (c) evidence of annual election of Officers and Directors; (d) an annual audited financial report ; (e) a copy the organization's Corporate Bylaws, which must address the organization's mission, board and membership composition, election of officers, and so on; (f) a it of the organization's Corporate Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, equal employment opportunity provisions, and so on; (g) cooperation with County monitoring visits; (h) semi-annual performance reports. These reports should include performance measurements which will demonstrate the level of accomplishment of goals for which funding has been provided, (i) other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may from time to time request. 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the eve any cause of action or administrative proceeding is initiated or defended by any is relative r the enforcement or interpretation of this Agreement, the prevailing party shall be entitled reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an awa against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, an! out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conclucte pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure an usual and customary procedures required by the circuit court of Monroe County. 11 Contract - Big Pine Athletic FY09; page 2 12. BINDING EFFECT. The terms covenants, conditions, and provisions of th Agreement shall bind and inure to the benefit of the County and PROVIDER and their respecti% legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the Count recognize and will be required to comply with the standards of conduct for public officers an• employees as delineated in Section 112,313 ' Florida Statutes, regarding, but not limited t( solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensatior misuse of public position, conflicting employment or contractual relationship; and disclosure use of certain information. 14. NO SOLICITATION/ PAYMENT, The County and PROVIDER warrant that, in respe( to itself, it has neither employed nor retained any company or person, other than a bona fid• employee working solely for it, to solicit or secure this Agreement and that it has not paid ( agreed to pay any person, company, corporation, individual, or firm, other than a bona fid employee working solely for it, any fee, commission, percentage, gift, or other consideratio contingent upon or resulting from the award or making of this Agreement. For the breach ( violation of the provision, the PROVIDER agrees that the County shall have the right to terminat this Agreement without liability and, at its discretion, to offset from monies owed, or otherwis recover, the full amount of such fee, commission, percentage, gift, or consideration, 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, th PROVIDER is an independent contractor and not an employee of the Board. No staterner contained in this agreement shall be construed so as to find the PROVIDER or any of it employees, contractors, servants or agents to be employees of the Board. 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, t PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulati the provision of such services, including those now in effect and hereinafter adopted. A violation of said statutes, ordinances, rules and regulations shall constitute a material breach this acireement and shall entitle the Board to terminate this contract immediately upon delivery written notice of termination to the PROVIDER. 10 17. 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. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be discrimination against any person, and it is expressly understood that upon a determination by court of competent jurisdiction that discrimination has occurred, this Agreement autornatical terminates without any further action on the part of any party, effective the date of the cou order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all loc ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis• race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (2 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibi discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (4 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Offii and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment an Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 US ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abus Contract - Big Pine Athletic FY09; page 3 patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC S. et seq.), as amencle relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans wii Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in a Federal or state statutes which may apply to the parties to, or the subject matter of, th Agreement, 11 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the servi cl and/or reimbursement of services shall be accomplished by an amendment, which must approved in writing by the COUNTY, 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related tothe substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party tothis Agreement shall be required to enter into any arbitration proceedings related bothis Agreement. 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.2 Florida Statutes, the participation of the County and the PROVIDER in this Agreement and t acquisition of any commercial liability insurance coverage, self-insurance coverage, or lo i government liability insurance pool coverage shall not be deemed a waiver of immunity to t extent of liability coverage, nor shall any contract entered into by the County be required contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County m reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Dru Free Workplace Statement. Contract -Big Pine Athletic FY09;page 4 Contract - Big Pine Athletic 1'Y09; page 5 For Board: [)avid P. Owens, Grants Administrator and 1100 Simonton Street Key West, FL33O4O For PROVIDER Scott Wade, Executive Director Big Pine Key Athletic Association Pi. 0. Box 430089 Big Pine Key, Florida 33043 Monroe County Attorney PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. Th Agreement shall be governed by and construed in accordance with the laws of the State of Flori cl applicable to contracts made and to be performed entirely in the State, In the event that any cause of action or administrative proceeding is instituted for t enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue w 11 lie in the appropriate court or before the appropriate administrative body in Monroe Count The County and PROVIDER agree that in the event of conflicting interpretations of the terms or a benn of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. 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 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, 36. gSEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court ofcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible tothe intent ofthe stricken provision. Contract - Big Pine Athletic Fy09;page 6 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of t parties hereto with respect to the subject matter hereof and supersedes any and all pri agreements with respect to such subject matter between the PROVIDER and the Board. I IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNYL. KOLHAGE, CLERK [am -MR. ffulow"o EM Contract -Big Pine Athletic RY09;page 7 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 totravel, are from Florida Statute 112.061. A cover letter summarizing the major line iberne on the reimbursable expense request needs to also contain e notarized 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 reirnbursernent. 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 bedirected to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considerell-L 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, tota� hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement, For overnight or express deliveries, the vendor invoice must be included, Rents, Leases, etc. Acopy ofthe rental Orlease agreement |srequired, Deposits and advance payments are not allowable expenses, Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number ofcopies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and e sample of the finished product are required, Supplies, Services' etc. For supplies or services ordered, a vendor invoice is required. l7eUefax/ Fax/ etc. Ahsx log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax, Contract - Big Pine Athletic FYD9; page 8 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. TravelExpenses 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 i2 considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due 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 shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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 pm. and end after 8 p.m. for dinner reimbursement. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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. Omtract-Gig Pine Athletic FY09;page 9 0 0 X • Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 The following is a summary of the expenses for ( Organization name) for the time period of to 101 Company A Rent $ X'XXXm 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total $=XIM&M (B) Total prior payments $ X'XXX.XX (C) Total requested and paid (A + B) $ X'XXX.XX (D) Total contract amount $ X'XXX.XX Balance of contract (D-C) $=&X—X—XM I certify • the above checks have !• submitted to the vendors as noted and that the expenses are accurate and in agreement with the records • this organization. Furthermore, these expenses • in compliance with this organizations — • with t Monroe County Board of County Commissioners and will not be submitted for reimbursement to • other funding source. I Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this day of —20— by who is personally known to me. Notary Public Notary Stamp Contract - Big Pine Athletic FY09; page 10 Services to be provided: Children's services, including, but not limited to, sports, after -school programs, summer programs, and recreation. Contract - Big Pine Athletic FY09; page 11 "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not • a bid on a contract to provide any goods or services to a public entity, may not • a bid on a contract with a public entity for the construction or repair of a public building • public work, may not • bids • leases • 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 • with • 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." Contract - Big Pine Athletic FY09; page 12 SWORN STATEMENT UNDER ORDINANCE NO, 10-1990 MONROE COUNTY, FLORIDA warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer oremployee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section ] 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 tothe former County officer oremployee. (signature) who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of My commission expires: Contract Big Pine Athletic FY09;page13 (Name nfBusiness) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 3. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. ]. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as condition of working on the commodities or contractual services that are under bid, the employee will abide by the bsrrns of the statement and will notify the employer of any conviction of, or plea of guilty or no|o conbendene to, any violation of Chapter 893 (Florida Statutes) orofany controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes sanction on, orrequire the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this Mrrn complies fully with the above requirements. ME PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this Contract - Big Pine Athletic FY09; page 14 CONTRACT SUMMARY Contract # Contract with: Florida Keys Wild Bird Effective Date: 10/01/08 Rehab Center, Inc. Expiration Oabe:9/3[/{9 ContractPurpose/Description: provides funding for wild bird rescue programs Contract Manager: David P. Owens 4482 OMB/Grants (Name) (Ext.) (Department) CONTRACT COSTS Total Dollar Value of Contract: $9,120.00 Current Year Portion: $9,120.00 Budgeted? YesM No n Account Codes: 001-01519-530340- County Match: $_ ADDITIONAL COSTS Estimated Ongoing Costs: $____Jyr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, Changc Date In Neede Division Director ____ Yesf]No RiskMane YesF]No /2`��� O.M.B./Pur��aing r_//� ° Yes��F� No County Attorney (9446 YesF-1 No AGREEMENT This Agreement is made and entered into this 15 m day of October, 2008, between the BOARD OFCOUNTY COMMISSIONERS DFMONROE COUNTY, FLORIDA, hereinafter referred boas "Board" or "County," and The Florida Keys Wild Bird Rehabilitation Canter, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of wild bird rescue programs, and WHEREAS, it is a legitimate public purpose to provide facilities and services for wild bird rescue programs, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein it is agreed as follows:' FUNDING I. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing services for wild bird rescue programs in Monroe County, Florida, shall pay to the PROVIDER the sum of NINE THOUSAND, ONE HUNDRED TWENTY, AND NO/100 DOLLARS ($9,120.08) for fiscal year 2008-2009. ' 2. TERM. This Agreement shall commence on October 1, 2008, and terminate September 30, 2009, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, but no more frequently than monthl as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk Finance Office. The COUNTY shall only reimburse, subject to the funded amounts below, tho reimbursable expenses which are reviewed and approved as complying with Florida Statut 'I 112.061 and Attachment A - Expense Reimbursement Requirements. Evidence of payment by t PROVIDER shall be in the form of a letter, summarizing the expenses, with supportin documentation attached. The letter should contain a certification statement. An example of reimbursement request cover letter is included as Attachment B. The organization's final invoi must be received within sixty days after the termination date of this contract shown in Article 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 shown in Article 1 above during the term ofthis agreement.' / "#. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a |evel 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 furanyservic�— or goods provided by the PROVIDER after the PROVIDER has received written notice ~ termination, unless otherwise required by law. ~' S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. 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. Contract - Florida Keys Wild Bird Rehab OrFyD9; page 1 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to t COUNTY: 11 (a) evidence of the organization's 501(c)(3) status; (b) a list of the organization's Board of Directors of which there must be five or more; (c) evidence of annual election of Officers and Directors; (d) an annual audited financial report ; (e) a copy the organization's Corporate Bylaws, which must address the organization's mission, board and membership composition, election of officers, and so on; (f) a copy of the organization's Corporate Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, equal employment opportunity provisions, and so on; (g) cooperation with County monitoring visits; (h) semi-annual performance reports. These reports should include performance measurements which will demonstrate the level of accomplishment of goals for which funding has been provided. (i) other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may from time to time request. 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants ami agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C for the benefit of residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of th Agreement shall bind and inure to the benefit of the County and PROVIDER and their respecti legal representatives, successors, and assigns, I Contract - Florida Keys Wild Bird Rehab Ctr FY09; page 2 13. CODE OF ETHICS. County agrees that officers and employees of the Coun recognize and will be required to comply with the standards of conduct for public officers a employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited t solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensatio misuse of public position, conflicting employment or contractual relationship; and disclosure use of certain information. I 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respe to itself, it has neither employed nor retained any company or person, other than a bona fi employee working solely for it, to solicit or secure this Agreement and that it has not paid agreed to pay any person, company, corporation, individual, or firm, other than a bona fi employee working solely for it, any fee, commission, percentage, gift, or other considerati contingent upon or resulting from the award or making of this Agreement. For the breach violation of the provision, the PROVIDER agrees that the County shall have the right to termina this Agreement without liability and, at its discretion, to offset from monies owed, or otherwi recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. 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. 16. 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. 17. 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. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order, County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the it of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of •the Civil Rights Act of 1968 (42 USC s, et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Contract - Florida Keys Wild Bird Rehab Ctr FY09; page 3 Federal or state statutes vvhidl may apply to the parties to, or the subject matter of, this 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the servi cl and/or reimbursement of services shall be accomplished by an amendment, which must approved in writing by the COUNTY, 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVID agree that all disputes and disagreements shall be attempted to be resolved by meet and conf sessions between representatives of each of the parties. If no resolution can be agreed up within 30 days after the first meet and confer session, the issue or issues shall be discussed at public meeting of the Board of County Commissioners. If the issue or issues are still not resolv to the satisfaction of the parties, then any party shall have the right to seek such relief or reme as may be provided by this Agreement or by Florida law, 2:1. COOPERATION. In the event any administrative or legal proceeding is institut 0 against either party relating to the formation, execution, performance, or breach of th Agreement, County and PROVIDER agree to participate, to the extent required by the other part in all proceedings, hearings, processes, meetings, and other activities related to the substance this Agreement or provision of the services under this Agreement. County and PROVIDE* specifically agree that no party to this Agreement shall be required to enter into any arbitratio proceedings related to this Agreement, I 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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 bd 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. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and thic'. acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25~ ATTESTATIONS. PROVIDER agrees toexecute Such documents asthe County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a [)rugFree Workplace Statement. - 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County ind corporate action, as required by law, Cbntrec - Florida Keys Wild Bird Rehab (trFvD9 page 4 27. 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 ;tttorney'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 �*IROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and ne|ief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits ofthe County. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall deemed to be a covenant or agreement of any member, officer, agent or employee of Monr County in his or her individual capacity, and no member, officer, agent or employee of Monr County shall be liable personally on this Agreement or be subject to any personal liability accountability by reason of the execution of this Agreement. I 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation ofConstitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to re upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any thir party claim or entitlement to or benefit of any service or program contemplated hereunder, a the County and the PROVIDER agree that neither the County nor the PROVIDER or any agen officer, or employee of either shall have the authority to inform, counsel, or otherwise indica that any particular individual or group of individuals, entity or entities, have entitlements I] benefits under this Agreement separate and apart, inferior to, or superior to the community i general or for the purposes contemplated in this Agreement. 32. Execution in Counterparts. This Agreement may be executed in any number counterparts, each of which shall be regarded as an original, all of which taken together sh constitute one and the same instrument and any of the parties hereto may execute th Agreement by signing any such counterpart. 11 33. NOTICE. Any notice required or permitted under this agreement shall be in writi and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to t other party as follows: I For Board: David P. Owens, Grants Administrator and 11OOSimonton Street Key West, FL33O4O Monroe County Attorney PO Box 1026 Key West, FL 33041 Contract - Florida Keys Wild BirdRehab OzFY09;page 5 Bruce B. Horn, Executive Director Florida Keys Wild Bird Rehabilitation Center 93600 Overseas Highway Tavernier, Florida 33043 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for t enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue w lie in the appropriate court or before the appropriate administrative body in Monroe Count Florida. I The County and PROVIDER agree that, in the event of conflicting interpretations of tho_-t terms or a term of this Agreement by or between any of them the issue shall be submitted t* mediation prior to the institution of any other administrative or legal proceeding. 35. 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 �ihall 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. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or penson) sh�|� be declared invalid or unenforceable to any extent by a court ofcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by |avv unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOV§ Contract - Florida Keys Wild Bird Rehab CtrFY09;page d 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNYL. KOLHA<SE, CLERK so Deputy Clerk CA K8C>NR[)ECOUNTY ATTORNEY lq�Ap�� ASSISTANT COUNTY ATTORNEY Contract Florida Keys Wild Bird Rehab CtrFYD9;page 7 0411ZFWT WIT 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 needs to also contain a notarized 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 balancen 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 bedirected to]U5-I92-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company 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. If a Payroll Journal is not provided, the following information must be provided: check amount, check number, date, payee, support for applicable payroll taxes, Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate 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 they relate 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 and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Tellefax, Fax, etc. Afax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax, Contract - Florida Keys Wild Bird Rehab [trfY09;page 8 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 ofthe call. TraneUExpenses 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. I[attending aconference or meeting a copy ofthe 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 neceipts. 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 reirnbursab|e. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip isnot. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for bytraveler. 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 shall beatthe rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after Z p.m. for lunch reimbursement, and before 6 p.m. and end after p.m. for dinner reimbursement. Mileage reimbursement shall beatthe rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. Anodometer reading must be included on the state iravel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving h»rrn one's home to the airport fora business trip is not 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. Contract - Florida Keys Wild Bird Rehab OrFY09; page 9 Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 The following is a summary of the expenses for (,Organization name) for the time period of to Check # Payee 073-1 MOS 101 Company A Rent $ X'XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total UAMM. (B) Total prior payments $ X'XXX.XX (C) Total requested and paid (A + B) $ X'XXX.XX (D) Total contract amount $ X'XXX.XX Balance of contract (D-C) 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 th Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. I Executive Director Sworn to and subscribed before me this -- day of by who is personally known to me. Notary Public Notary Stamp Contract - Florida Keys Wild Bird Rehab Ctr FY09; page 10 Services to be provided: Wild bird rescue services, including, but not limited to, rescue, rehabilitation, education, awareness, etc. in Monroe County. Contract - Florida Keys Wild Bird Rehab Ctr FY09; page 11 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 • 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 • be awarded • perform work as a contractor, supplier, subcontractor, • • 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." Contract - Florida Keys Wild Bird Rehab Ctr FY09; page 12 SWORN STATEMENT UNDER ORDINANCE NO. 10-191 MONROE COUNTY, FLORIDA 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 to the former County officer or employee. 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 Ulisday of HE My commission expires: Contract - Florida Keys Wild Bird Rehab (trFY09;page 13 The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, iispensing, possession, or use of a controlled substance is prohibited in the workplace andm ipecifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities orcontractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation ofChapter 893 (Florida Statutes) orOfany controlled substance law ofthe United States or any state, for a violation occurring in te workplace no later than five (S) days after such conviction. 5. Imposes sanction on, orrequire the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, Icertify that this firm complies fully with the above requirements. STATE OF Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn byme, (name of individual signing) affixed his/her signature in the space provided above on this day of 200__. My commission expires: Contract -RhrloaKeys Wild 8irfRehab CtrFYOf;page 14 CONTRACT SUMMARY Contract # Contract with: Florida Keys Wildlife Effective Dahe:1{/{1}{8 Expiration Dabe:,9/3[V09 ControctPurpose/Descriptinn: provides funding for bird rescue programs Contract Manager: David P. Owens 4482 OMB/Grants (Name) (Ext.) (Department) CONTRACT COSTS Total Dollar Value of Contract: $9,120.00 Current Year Portion: $9,120.00 Budgeted? YesM No F] Account Codes: 001-01521-530340- County Match: $_ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $____/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Changes Division Director Date In Needed Yes[] No Risk Man - Yes[] No�1 [).M.G. P g 6-r/-��5 YesDNo[-]' County Attorney YeS�]NO[Z Comments: Date Out Oe �_��� This Agreement is made and entered into this 151h day of October, 2008 between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and The Florida Keys Wildlife Rescue/ Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of wildlife rescue programs, and WHEREAS, it is a legitimate public purpose to provide facilities and services for vvi|dUhe rescue programs, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein it is agreed as follows: jlfflm�� 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing services for wildlife rescue programs in Monroe County, Florida, shall pay to the PROVIDER the sum of NINE THOUSAND, ONE HUNDRED, TWENTY, AND NO/100 DOLLARS ($9,120.00) for fiscal year 2008-2009. 2. TERM. This Agreement shall commence on October 1, 2008, and terminate Septemb 30, 2009, unless earlier terminated pursuant to other provisions herein. I 3. PAYMENT. Payment will be made periodically, but no rnonefreouendythan monthly,Reimbursementas hereinafter set forth. Reimbursement requests will be submitted to the via the Clerk's Finance Office. The (�OUNTYshall only reimburse, sub1ectto the funded- amounts below, those reimbursable exp�nse� which �re reviewed and approved as complying with Florida Statutes 112.061 and AttachnnentA - Expense Reimbursement Requirements. EvidenceofpaynnentbyLhe PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a certification statement. An example of reimbursement request cover letter iS included as Attachment B. The Or�=—'--~t|on'sfinal invoice must be received within sixty days after the termination date of this contract shown in Article Z above, 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 shown in Article 1 above during the ternn ofthis agreenoenL ' ' 4. 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 o' 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 = termination, unless otherwise required by law."' S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased ��h funds provided under this agreement, shall become the property of Monroe County with and shall be accounted for pursuant tn statutory requirements.. Contract ' Florida Keys Wildlife Rescue FYD9;page / 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec, 55,03, FS, running from the date the monies were paid to PROVIDER, S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable acce to, and inspection of, all documents, papers, letters or other materials in its possession or und its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by t County and PROVIDER in conjunction with this Agreement; and the County shall have the right unilaterally cancel this Agreement upon violation of this provision by PROVIDER. I 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to t COUNTY: I (a) evidence ofthe organization's 5O1(c\/3) status; (b) a list of the organization'5 Board . 'Directors of which there must be five or rnone' (C) evidence of annual election of Officers and Directors; ' (d)anannual audited financial report ; (e)a copy the organizaLion's Corporate Bylaws, which must address the orgenization's mission, board and membership composition, election of officers, and soon; (f) a copy of the organization's Corporate Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions `` / / , equal employment opportunity provisions, and soon; ' provisions, � ' (g)cooperation with County monitoring visits; (h)senni-annue| performance reports. These reports should include performance measurements which w/// demonstrate the level of accomplishment of goals for which funding has been provided. (i) other reasonable reports and information related to compliance with applicable laws contract provisions and the scope of services that the County may from time to time request. ' 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C for the benefit of residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. Contract Florida Keys Wildlife Rescue FY09;page 2 13. CODE OF ETHICS. County agrees that officers and employees of the Coun recognize and will be required to comply with the standards of conduct for public officers a employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited It solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensatio misuse of public position, conflicting employment or contractual relationship; and disclosure use of certain information. i, 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respe to itself, it has neither employed nor retained any company or person, other than a bona fi employee working solely for it, to solicit or secure this Agreement and that it has not paid agreed to pay any person, company, corporation, individual, or firm, other than a bona fii employee working solely for it, any fee, commission, percentage, gift, or other considerati contingent upon or resulting from the award or making of this Agreement. For the breach • violation of the provision, the PROVIDER agrees that the County shall have the right to termina this Agreement without liability and, at its discretion, to offset from monies owed, or otherwi recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, t PROVIDER is an independent contractor and not an employee of the Board. No stateme-I contained in this agreement shall be construed so as to find the PROVIDER or any of i employees, contractors, servants or agents to be employees of the Board. 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, t PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulatin the provision of such services, including those now in effect and hereinafter adopted. A violation of said statutes, ordinances, rules and regulations shall constitute a material breach this reement an•shll entitle the to terminate this cntract immediately upon livery written notice f termination to the PROVIDER. I agd aBoard • ode o 17. 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. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of Section 504 of the Rehabilitation Act of 1973, as amended794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the it of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and •drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC S. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Contract - Florida Keys Wildlife Rescue FY09; page 3 Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the servic] and/or reimbursement of services shall be accomplished by an amendment, which must approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDE�,, agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek I such relief or remedy 2s may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is institut against either party relating to the formation, execution, performance, or breach of th Agreement, County and PROVIDER agree to participate, to the extent required by the other parrtt in all proceedings, hearings, processes, meetings, and other activities related to the substance this Agreement or provision of the services under this Agreement, County and PROVIDE]* qpecifically agree that no party to this Agreement shall be required to enter into any arbitratioll #roceedings related to this Agreement. 22. COVENANT OF NO INTEREST. County and PROVIDER ci| —nant that neither presently y has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to performand receive benefits asredted in this Agreement. �� - ^ 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writi and with the prior written approval of the Board, which approval shall be subject to su conditions and provisions as the Board may deem necessary. This agreement shall incorporated by reference into any assignment and any assignee shall comply with all of t provisions herein. Unless expressly provided for therein, such approval shall in no manner event be deemed to impose any obligation upon the Board in addition to the total agreed upo reimbursement amount for the services of the PROVIDER. cl) 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.2,4 Florida Statutes, the participation of the County and the PROVIDER in thi's Agreement and t 4 acquisition of any commercial liability insurance coverage, self-insurance coverage, or loc government liability insurance pool coverage shall not be deemed a waiver of immunity to t extent of liability coverage, nor shall any contract entered into by the County be required contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County ;mcl corporate action, as required by law. Contract ' Florida Keys Wildlife Rescue Fy0f;page 4 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agre to indemnify and hold harmless Monroe County Board of County Commissioners from any and claims for bodily injury (including death), personal injury, and property damage (includii property owned by Monroe County) and any other losses, damages, and expenses (includi attorney's fees) which arise out of, in connection with, or by reason of services provided by t PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of t PROVIDER'S employees, agents, or volunteers. I 28, PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteersor employees outside the territorial limits of the County. ' 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall deemed to be a covenant or agreement of any member, officer, agent or employee of Monr County in his or her individual capacity, and no member, officer, agent or employee of Monr County shall be liable personally on this Agreement or be subject to any personal liability accountability by reason of the execution of this Agreement. I 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation ofConstitutional or Statutory Dubes. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to/ nor shall it be construed as, authorizing the delegation -"f the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case |avv. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third - party claim or entitlement to or benefit of any service or program contemplated hereunder, andthe County and the PROVIDER agree that neither the County nor the PROVIDER or any agent,nfcer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlement s orbenefiLs under this Agreement separate and apart, inferior to, or superior to the community in general orfor the purposes contemplated in this Agreement. 32. Execution in Counterparts. This Agreement may be executed in any number counterparts, each of which shall be regarded as an original, all of which taken together sh constitute one and the same instrument and any of the parties hereto may execute th Agreement by signing any such counterpart. I] 33. 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: David P. Owens, Grants Administrator and 1100 Simonton Street Key West, FL33O4O WiffiNNIMEM PO Box 1026 Key West, FL 33041 Contract -Florida Keys Wildlife Rescue FY09;page 5 Maya Totman, Executive Director Florida Keys Wildlife Rescue, Inc. P.O. Box 431392 Big Pine Key, Florida 33043 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. Agreement shall be governed by and construed in accordance with the laws of the State of Fl applicable to contracts made and to be performed entirely in the State. A In the event that any cause of action or administrative proceeding is instituted for t enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue w lie in the appropriate court or before the appropriate administrative body in Monroe Count Florida. I The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a bsrrn of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be ke and performed by the PROVIDER shall not be deemed or considered as a continuing waiver a shall not operate to bar or prevent the Board from declaring a forfeiture for any succeedi breach, either of the same conditions or covenants or otherwise. i 36. SEVqERABILITY. If any term, covenant, condition or provision of this Agreement ~ (or the application thereof to any circurnsbsnceorperson) shall be declared invalid or unenforceable to any extent by a court ofcornpetentjurisdiction, the remaining terms, covenants conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision ofthis AgneernentshaU bevalid and shall beenforceable tothe fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment the original " intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace " any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract 'Florida Keys Wildlife Rescue RY09;page G 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK M Deputy Clerk Witness Witness LIM 1z 2 Mayor/Chairman 10ONROE COUNTY ATTORNEY A - 1)0 ROV D AS TO FORM: CHRISTINE M. LIMBERT-BARROWS ASSWANT COUNTY ATTORNEY Date Contract - Florida Keys Wild/l/e Rescue FY09; page 7 EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines ho Human Service Organizationscounty travelers, and contractual parties who have reirnbunsab|eexpenses associated with Monroe County business. These guidelines, as they relate to travel, are from Florida Statute 12.061. A cover letter summarizing the major line items on the reimbursable expense request needs to also contain a notarized certified statement such as: "I certify that the attached expenses one accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with thisorganization'S contract with the Monroe County Board ofCounty Cornrnissioners." Invoices should be billed Lothe contracting agency. Third party payments will not beconsidered for re|rnbursennent. 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 docurnenLshould not beconsidered all-inclusive. The Clerk's Finance Department reserves ~ the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should bedirected Lo 305-292-3534. Data Processing, PC Time, etc. The vendor invoice isrequired for reimbursement. Inter -company 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 /s needed If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate 'tob]/ hours worked, withholding information and payroll taxes, check number and check amount. rate, total Payroll Journal is not provided, the following information rnustbe provided: checkarnouni' check nurnber,date, payee, support for applicable payroll taxes. ' Postage' Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. ' Rents, Leases, etc. Acopy ofthe rental orlease agreement iarequired. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. Alog ofcopy expenses asthey relate tuthe County contract isrequired for n8/nnbursernent The log must define the date, nurnberofcopies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required, Te0efax, Fax, etc. Afax log is required. The log must define the sender, the intended recipient, the datethe number called, and the reason for sending the fax. ' Contract 'Florida Keys Wildlife Rescue FY09;page 8 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 ofthe call. Travel Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel must besubmitted 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 exannp|e 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 iSnot. A detailed list ofcharges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for bytraveler, The County will only reimburse the actual room and related bed tax. Room service, movies, and persona( telephone calls are not allowable expenses, Meal reimbursement shall be at the rates established by ARTICLE XXVl, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 am. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before G p.m. and end after p.m. for dinner reimbursement. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM [�E/\LB, AND MILEAGE P{}LI(�Yofthe Monroe (�ountyCode of{JrdinonceS An odometer ' reading rnustbeindudedonthe state travel voucher for vicinity travel. Mileage is not allowed ^ residence oroffice tuepoint ofdeparture, For example, driving forrnone's )�rne tothe ��-���-r1 horabusinessbipisnotare|rnburseb|eexpen5e. - -'--'`~''~ Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges penalties and �nes. '�~ ' Contract Florida Keys Wildlife Rescue RY09;page 9 0 IMME a 620.4 Isla, I NZAT M Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 im- The following is a summary of the expenses for ( Organization name) for the time period of , to Check # Payee Reason Amount 101 Company A Rent $ X'XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total $AIXXX XX (B) Total prior payments $ X'XXX.XX (C) Total requested and paid (A + B) $ X'XXX.XX (D) Total contract amount $ X'XXX.XX Balance of contract (D-C) IAIM"X 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 to and subscribed before me this - day of 20 by who is personally known to me. Notary Public Notary Stamp Contract - Florida Keys Wildlife Rescue FY09; page 10 ATTACHMENT C Wildlife rescue services, including, but not limited to, rescue, rehabilitation, education, awareness, etc. in Monroe County. Contract - Florida Keys Wildlife Rescue FY09; page 11 PUBLIC ENTITY, CRIME STATEMENT • person or affiliate who has been placed on the convicted •• list following a conviction for • entity crime may not submit a bid on a contract to provide any •ift or services to a public entity, may • submit a bid on a contract with a public entity for the construction or repair of a public building • public work, may not • bids • •w of real property to • entity, may not be awarded • perform work as a contractor, supplier, subcontractor, or consultant under a • 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 • the date of being placed • the convicted vendor list." Contract - Florida Keys Wildlife Rescue FY09; page 12 SWORN STATEMENT UNDER ORDINANCE NO. 10-199M, MONROE COUNTY, FLORIDA I 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 to the former County officer or employee. (signature) 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 day of 101� +' ' i1111104 Contract - Florida Keys Wildlife Rescue FY09; page 13 The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, iispensing, possession, or use of a controlled substance is prohibited in the workplace and �;pecifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the bernn5 of the statement and will notify the employer of any conviction of, or plea of guilty or nu|o contendena to, any violation ofChapter 893 (Florida Statutes) urofany controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, orrequire the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of ndividual signing) affixed his/her signature in the space provided above on this My commission expires: Cmtract-RoridaKey Wildlife Rescue RY09;page 14 Contract with: Heart of the Keys Recreation Association CONTRACT SUMMARY Contract # Effective Date: 10/01/08 Expiration Dabe:,9/30/09 ContraciPurpoge/DescripLion: provides funding for youth programs for children of Monroe County Contract Manager: David P. Owens 4482 OMB/Grants (Name) (Ext.) (Department) CONTRACT COSTS Total Dollar Value of Contract: $30,40K0.0}0 Current Year Portion: $3{,4{0i{}0 Budgeted?YesE NoFl Account Codes: 0801-0i1514-53034K0- {Srant: $0.00 County Match: $__ ADDITIONAL COSTS Estimated Ongoing Costs: $____/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, Division Director Risk Management D.M.B./Purchas�Ug County Attorney Changes Needed YesEl No -e -, This Agreement is made and entered into this 15 1h day of October, 2008 between the BOARD OFCOUNTY COMMISSIONERS OF M{}NRDE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and HEART OF THE KEYS RECREATION ASSOCIATION, INChereinafter referred to as "PROVIDER." '' WHEREAS, the PROVIDER is e not -for -profit corporation established for the provision of activities for the wholesome development of youths' personal, social, physical, and emotional growth, and WHEREAS, it is a legitimate public purpose to provide facilities and services for activities for the wholesome development of youths' personal, social, physical, and emotional growth now, 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 PROVID substantially and satisfactorily performing services for activities for the wholesome clevelopme of youths' personal, social, physical, and emotional growth in Monroe County, Florida, shall pay the PROVIDER the sum of THIRTY THOUSAND, FOUR HUNDRED, AND NO/100 DOLLAR 2. TERM. This Agreement shall commence on October 1, 2008, and terminate Septemb 30, 2009, unless earlier terminated pursuant to other provisions herein. I 3. PAYMENT. Payment will be made periodically, but no more frequently than monthly,as hereinafter set forth. Reimbursement requests will be submitted to the �Board via the Clerk'sFinance Office. The COUNTY shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Florida 5^atutee112.O61andALtachnentA-ExpenseReinbursenentRequ|renent-. -|denceofpaynentbyLhePROVIDER shall be in the form of a letter, summarizingthe expenses, with supportingdocunentation attached. The letter should contain a certification statement.An example of a reimbursement request cover letter is included as Attachment B. The organ|z-tion'sfinal invoice must be received within sixty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, th4 Board shall reimburse the PROVIDER. However, the total of said reimbursement expenst payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, 4uring the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at level sufficient to allow for continued reimbursement of expenditures for services specified herei this agreement may be terminated immediately at the option of the Board by written notice termination delivered to the PROVIDER. The Board shall not be obligated to pay for any servic or goods provided by the PROVIDER after the PROVIDER has received written notice termination, unless otherwise required by law, I 5. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract ' Heart o/the Keys Recreation Assoc FY09;page / 6. 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 tostatutory requirements. RECORDKEEPING 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently opp|ied. Each party to this Agreement ortheir authorized representatives shall have reasonable and timely access to such records of each other party tothis Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant tmthis Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 8. PUBLIC ACCESS. The County and PROVIDER shall a||ovv and permit reasonable access to, and inspection of, a// documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the (a) evidence of the organizaton's 501(c)/3) status; (b) a list of the organizat1on's Board o. Directors of which there must be five or more; (c) evidence of annual election of Officers and Directors; (d)an annual audited financial report ; (e)a copy the organizat|on'e Corporate Bylaws, which must address the onganization'E mission, board and membership composition, election of officers, and so on; (f) a copy of the organization's Corporate Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, equal employment opportunity provisions, and Soon; (g)cooperobnn with County monitoring visits; (h)sern|-annua| performance reports. These reports should include performance measurements which will demonstrate the level of accomplishment of goals for which funding has been provided. (i) other reasonable reports and information related to compliance with applicable laws contract provisions and the scope of services that the County may from time Lo time request. ' 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants an4. agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and *ut-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted #ursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County, Contract Heart u/the Keys Recreation Assoc FvD9;page 2 lbig I I w w w a Ra- patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as arnended relating to nondiscrimination in the sale, rental or financing ' housing; 9) The Americans with ` Disabilities Act of 1990 (42 USCs. 1201 Note), as maybe amended from U^etotime, relating nondiscrimination on the basis ofdisabiUty) 1 )) Any other nondiscrimination provisions in �~~` ny Federal or state statutes which may apply ! the parties to, Or the subject -atter �[ ? Agreement.~ ' -'- AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing bythe COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall beattempted to be resolved bymeet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided bythis Agreement orby Florida law. 21~ COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required by the other party in all proceedings, hearings, processes, meetings, and other activities related tothe substance o' this Agreement or provision of the services under this Agreement. County and PROVIDE~ ^ specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related tothis Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. 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. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement, Contract - Heart oythe Keys Recreation Assoc FY09;page 4 26^ AUTHORITY. Each party represents and warrants tothe other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, asrequired by law. INDEMNITY ISSUES 27. 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 attorneys 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 onnissi---n of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteersor employees outside the territorial limits of the County. ' 29. NO PERSONAL LIABILITY. No covenant oragreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent oremployee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30~ LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent ofactual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. Noperson orentity shall beentitled torely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third - party c|a|rn or entitlement to or benefit of any service or program contemplated hereunder~'and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent,oficer, or employee ufeither shall have the authority to inform, counsel, Or otherwise indicate that any particular individual or group of individuals, entity Ly or entities, have entitlements �orbenefits under this Agreement separate and apart' inferior to, or �o the community in general orfor the purposes contemplated in this Agreement. GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement bysigning any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified rna||, return receipt requested, to the other party asfollows: Contract ' Heart o/the Keys Recreation Assoc F09;page 5 For Board: David P. Owens, Grants Administrator and 1lOOSimonton Street Key West, FL33O48 For PROVIDER Anthony Culver, Executive Director Heart of the Keys Recreation Association, Inc. 81O33rdStreet Marathon, F|orida33OSO PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. Th Agreement shall be governed by and construed in accordance with the laws of the State of F1 orici applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for A -nforcement or interpretation of this Agreement, the County and PROVIDER agree that venue w1m �ie in the appropriate court or before the appropriate administrative body in Monroe Count's The County and PROVIDER agree that, in the event of conflicting interpretations of t terms or a term of this Agreement by or between any of them the issue shall be submitted mediation prior to the institution of any other administrative or legal proceeding. I 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be ke and performed by the PROVIDER shall not be deemed or considered as a continuing waiver a shall not operate to bar or prevent the Board from declaring a forfeiture for any succeedi breach, either of the same conditions or covenants or otherwise. I 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract Heart of the KeysRecreation Assoc RY09;page 6 37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNYL. KOLHAGE, CLERK IN OF MONROE COUNTY, FLORIDA IN �� = K8[)NR{}E C[JUNTYATTORNEY PPROVED AS TO FO19fk ASSISTANT COUNTY ATTORNEY Date Oontract-Heart of the Keys Recreation Assoc PY09; page 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 Lotravel, are from Florida Statute 112.061. A cover letter summarizing the major line items on the reimbursable expense request needs to also contain a notarized 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 organizat|un's contract with the Monroe County Board of County Commissioners." Invoices should be billed tothe 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 bedirected to3US-29Z-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considerei 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. If Payroll Journal is not provided, the following information must be provided: check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight orexpress 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, Cop, etc. Alog ofcopy expenses asthey relate tOthe County contract isrequired 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 a||owebie. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies urservices ordered, a vendor invoice is required. l[eUefax' Fax, etc. Afax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Contract Heart of the Keys Recreation Assoc RY09;page 8 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 ofthe call. l[ra*eUExpenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement ofTravel Expenses. Tnsv8| must besubmitted in accordance with Florida Statute 112.061. Credit card statements are not acceptable documentation for reimbursement. Ifattending aconference 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 exarnp|e taking a taxi from one's residence to the airport fora business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip isnot. Adetailed list ofcharges isrequired onthe lodging invoice. Balance due must bezero, Room must be registered and paid for bytraveler. 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 shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ufthe Monroe County Code ofOrdinances. Meal guidelines state that travel must begin prior to G a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after p.m. for dinner reimbursement. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. /\nodometer 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.. Contract ' Heart ofthe Keys Recreation Assoc RY09;page g Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 The following is a summary of the expenses for ( Organization, name) for the time period of- to Check # Payee Reason Amount 101 Company A Rent X'XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total (B) Total prior payments $ X'XXX.XX (C) Total requested and paid (A + B) $ X'XXX.XX (D) Total contract amount $ X'XXX.XX Balance of contract (D-C) $AAMM 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. Sworn to and subscribed before me this day of 20 by who is personally known to -me. Notary Public Notary Stamp Contract - Heart of the Keys Recreation Assoc FY09; page 10 Children's services, including, but not limited to, sports, after -school programs, summer programs, and recreation. Contract - Heart of the Keys Recreation Assoc FY09; page 11 "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 pubf 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 und 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." I Contract - Heart of the Keys Recreation Assoc FY09; page 12 SWORN STATEMENT UNDER ORDINANCE NO. 10-19CI&I MONROE COUNTY, FLORIDA i 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 to the former County officer or employee. (signature) 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 day of ME My commission expires: Contract - Heart ofthe Keys Recreation Assoc RY09;page 13 The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that: (Name ofBusiness) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as condition of working on the commodities or contractual services that are under bid, the employee will abide by the terrnsofthe staiennentand vvi||notify the ernp|Oyerofany conviction of, .orplea ofguilty or-' no|o contend�re to, any violation of 8�� (Florida/F|OridStatutes) or of any controlled substance |avv of the United States or any state, for a violation occurring in the workplace no later than five (S) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this sedion. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of u/u/,mum signing) affixed his/her signature in the space provided above on this day of My commission expires: Contract - Heart ofthe Keys Recreation Assoc rYO9Cpage 14 CONTRACT SUMMARY OrntnsC±# Contract with: Historic Florida Keys Effective Date: 10y0}1/08 Foundationl Expiration Date:09/30/09 Contract Purpose/Description: Provides funding for services which develop, coordinate, and promote historic preservation in Monroe County. Contract Manager: David P. Owens 4482 OMB/Grants (Name) (Ext.) (Department) for BOCC d Total Dollar Value of Contract: $28,5J00]00 Current Year Portion: $28^500.0k0 Budgeted7YesE No Account Codes: 001-04-5�-530340- Grant: $0]00 County Match: - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, Changes Date Out. O|v|SiOn Director Date In Needed YeSFl No Risk Ma t YesF]Noo ^�u O.M.B./Purchasing 2, 4V9 Yes[:]NOa County Attorney Ye5FlNV[�] 014 it This Agreement is made and entered into this 151h day of October, 2008 between the BOARD OFCOUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and The Historic Florida Keys Foundation, hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not -for -profit corporation established to develop, coordinate, and promote historic preservation in Monroe County, Florida, and WHEREAS, it is a legitimate public purpose to provide facilities and services for the development, coordination, and promotion of historic preservation, 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 PROVIDE substantially and satisfactorily performing and carrying out the development, coordination, ani promotion of historic preservation in Monroe County, Florida, shall pay to the PROVIDER the su of TWENTY-EIGHT THOUSAND, FIVE HUNDRED, AND NO/100 DOLLARS ($28,500.00) for fisc year 2008-2009, 2. TERM. This Agreement shall commence on October 1, 2008, and terminate Septemb 30, 2009, unless earlier terminated pursuant to other provisions herein, I 3~ PAYMENT. Payment will be made periodically, but no �n—onefreouenUythan nonth|yas hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's OOce, The COUNTY shall only reimburse, subject to the funded amounts below, thosereinbursab|e expenses which are reviewed and approved as complying with Florida StatutesI1Z.O6I and Attachment - Expense Reimbursement Requirements. Evidence ofpayment bythe PROVIDER shall be in the form of a letter, summarizing the expenses with supporting documentation attached. The letter should contain acertification sbaternent'An example of reimbursement request cover letter is included as Attachment B. The organiz^~tion'5final invoice must be received within sixty days after the termination date t fthi o s contract shown in Article 2 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 shown in Article 1, above, iuring the term of this agreement. 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at level sufficient to allow for continued reimbursement of expenditures for services specified herei I this agreement may be terminated immediately at the option of the Board by written notice termination delivered to the PROVIDER. The Board shall not be obligated to pay for any servic or goods provided by the PROVIDER after the PROVIDER has received written notice termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. contract Historic Florida Keys FhdnRY09;page / 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased wil funds provided under this agreement, shall become the property of Monroe County and shall accounted for pursuant to statutory requirements. 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied, Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 8. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to thit (a)evidence ofthe organ/zadon's 5O1(c)(3) status; (b) a ||sL of the orgonizat|on's Board ofDirectors' ' of which there must be five or more; (c) evidence of annual election of Officers and Directors; (d)an annual audited financial report ; (e)a copy the organizabon's Corporate Bylaws, which must address the organizatiun's mission, board and membership composition, election ofofficers, and soon; (ƒ) a copy of the organ/zaUon's Corporate Policies and Procedures Manual which must include hiring policies for all staff[ drug and alcohol [nae workplace provisions � | opportunity provisions, and soon; ' equal employment (g)cooperation with County monitoring visits; (h)serni-annua| performance reports. These reports should include performance measurements which will demonstrate the level of accomplishment of goals for which funding has been provided, (i) other reasonable reports and information related to compliance with applicable laws contract provisions and the scope of services that the County may from time to time request. ' 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants anti agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. ATTORNEYS FEES AND COSTS. The County and PROVIDER agree that in the eve any cause of action or administrative proceeding is initiated or defended by any party relativve the enforcement or interpretation of this Agreement, the prevailing party shall be entitled reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses as an awa against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, an out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conclucte pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure an,11 usual and customary procedures required by the circuit court of Monroe County, contract - Historic Florida Keys Fndn FY09; page 2 ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 US[ s. ^et seq.), ^as to nondiscrimination in the sale, rental or financing ofhousing; 9) The Americans with '[|sebi|itiesActof199D (42 USCe. 1201 Note), as maybe amended from time totime, relating tonnnd/scrin|nation on the basis of disability; 1 ) Any other nondiscrimination provisions in any or state statutes which may apply to the parties to, or the subject matter o'' L'=Agreenent. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the perties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at public meeting of the Board of County Commissioners, If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided bythis Agreement orby Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required by the other party in all proceedings, hearings, processes, meetings, and other activities related to the substance o/ ' this Agreement or provision of the services under this Agreement. ne�rnen . County and PROVIDER specifically agree that no party to this Agreement shall xs='required t- — enter into any arbitration proceedings related tothis Agreement. ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest,and shall not acquire any interest, which would conflict /nany manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except |n writing and with the prior written approve/ of the Board, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This ' ry. s 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. 24, NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 76B'20 'Florida Statutes, the participation of the County and the PROVIDER in this Agreement and theacquisition of any commercial liability insurance coverage, self-insurance —overage' or local government liability insurance pool coverage shall not be deemed waiver of immunity to theextent of liability coverage, nor shall any contract entered into by the County be required toc»ntain any provision for waiver. 25. ATTESTATIONS. PROVIDER agrees to execute such documents aSthe County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a [}rug- mntract-HistoncfloridaKeys Fndn F09;page 4 26. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by �necessary [bun'` and corporate action, as required by law, �' INDEMNITY ISSUES 27. 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), persona/ injury, and property damage /induding property owned by Monroe County) and any other losses, damages, and expenses ` (including attorneys 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. 28. PRIVILEGES AND IMMUNITIES. All o[the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to same degree and extent to the performance of such functions and duties of h [� - such officers, agents volunteers, or employees outside the territorial limits of the County. ' ' 29. NO PERSONAL LIABILITY. No covenant oragreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent oremployee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent ofactual and timely performance thereof by any participating enUty, in which case the performance may be offered in satisfaction of the obligation or responsib||'�ty. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE G8Y&|ON-PARTIES. Noperson orentity shall beentitled borely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third - party claim or entitlement to or benefit of any service or program contemplated heraunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise |n^y='^` that any particular individual or group of individuals, entity or entities, have ent|derne"'`""= benefits under this Agreement separate and apart,inferior or superior the cornonu"= "' ' community m general orfor the purposes contemplated i thi '- — -- -~''^''~ n sAgre�rnent. ' GENERAL 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement bysigning any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand -delivered or mailed, postage pre -paid, by certified nna||, return receipt requestedto the other party asfollows: ' contract Historic RurldaKeys Fndn FY09; page For Board: David P. Owens, Grants Administrator and I1OOSimonton Street Key West, FL33O4O For PROVIDER Diane Sylvia, Executive Director Historic Florida Keys Foundation 510 Greene Street Key West, Florida 33040 Monroe County Attorney PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. Th - Agreement shall be governed by and construed in accordance with the laws of the State of Fl oricl applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, The County and PROVIDER agree that, in the event of conflicting interpretations of the n2nns or a Lenn of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be keJ and performed by the PROVIDER shall not be deemed or considered as a continuing waiver a �hall not operate to bar or prevent the Board from declaring a forfeiture for any succeedinq *reach, either of the same conditions or covenants or otherwise, E 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms,covenants conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible tuthe intent of stricken provision. u/� [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] contract Historic Florida Keys Fndn FY09;page 6 37, ENTIRE AGREEMENT. This agreement constitutes the entire agreement Of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board, IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNYL K{}LHA[SE, CLERK ga Deputy Clerk 10 Mayor/Chairman Historic Florida Keys Foundation, Inc, President MO0R(2ECOUNTY ATTORNEY APP'ROVED AS TO FORM- 0 ASSIS-�QT COUNTY ATTORNEY cot7tract - Historic Florida Keys Fndn FY09; page 7 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines tO Human Service Organizations, county travelers, and cnntrgctual parties who have reirnbursab!eexpenses associated vvith Mo'^roe County business. These guidelines, as they relate totravel, are from Florida Statute 12.061. A cover letter summarizing the major line items on the reimbursable expense request needs to also contain a notarized 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 incompliance with this organization's contract with the Monroe County Board of County Commissioners." Invoices should be billed tothe contracting agency. Third party payments will not beconsidered 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 docunnentshould 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 bedirected b>3O5-29Z'3534. Data Processing, PC Time, etc. The vendor invoice isrequired for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll Acertified statement verifying the accuracy and authenticity ofthe payroll expense |sneeded If a Payroll Journal is provided, it should include: dates, employee name, salary orhouMy rate,'tota| hours worked, withholding information and payroll taxes, check number and check amount. Ifa Payroll Journal is not provided, the following information rnustbe provided: checkannount' check number, date, payee, support for applicable payroll taxes. ' Postage, Overnight Deliveries, Courier, etc~ A log of all postage expenses as they relate to the County contract is required for reimbursement. ' Rents' Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not a!/ovveb|e expenses. Reproductions, Copies, etc. A log of copy expenses as they relate 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 a||owab|e. For vendor services, the ' vendor invoice and a sample ofthe finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. TeUefax, Fax, etc. C00tract - Historic Florida Keys Fndn FY09; page 8 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 fox. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the callerthe telephone number, the date, and the purpose ofthe 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. Ifattending aconference 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 �'-~-a-ud|t�trai| '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 fora business trip is not reimbursable, Parking is considered areimbursable travel expense atthe destination. Airport parking during - businesstrip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Auorn 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 shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines DIEM, that travel must begin prior to 5 am. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before G pm. and end �fter8 p.m. for dinner reimbursement, Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVE'L` PER DIEM,MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances, An odometer readingnuSt be included on the state travel voucher for vicinity travel. Mileage is not allowed from ~ residence oroffice toapoint ofdeparture. For example, driving form one's o- to the airport for business trip is not 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-suf�ci-`ntcheck charges. penalties and fines.. ' contract - Historic Florida Keys Fndn FY09; page 9 Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FIL 33040 The following is a summary of the expenses for ( Organization, name) for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X'XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total IAIX� (B) Total prior payments $ X'XXX.XX (C) Total requested and paid (A + B) $ X'XXX.XX (D) Total contract amount $ X'XXX.XX Balance of contract (D-C) IAIOX.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 organizations contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Sworn to and subscribed before me this day of 20 by who is personally fknown to me. Notary Public Notary Stamp contract - Historic Florida Keys Fndn FY09; page 10 Wevelopment, coordination, and promotion of historic preservation in Monroe CountV-. contract - Historic Florida Keys Fodn FY09; page 11 PUBLIC ENTITY —CRIME STATEMEN "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 o public entity for the construction or repair of public building or public work, may not submit bids on leases of naa| property to public ent/ty, 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 fora period of36 months from the date of being placed on the convicted vendor list." contract - Historic Florida Keys Fndn FY09; page 12 SWORN STATEMENT UNDER ORDINANCE NO. 10-191 MONROE COUNTY, FLORIDA 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 to the former County officer or employee. (signature) �IERSONALLY 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 th|sday of nmtmct-HistoricRoridaKeys FodnRY09;page /J The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that: (Name VfBusiness) 1, Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities or contractual services that are under bid acopy ofthe statement specified insubsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or cuntnactua| s. vices that are under bid, the � employee will abide by the terms of the statement and will notify the employer of any conviction ` or plea of guilty or no|ocontendereto, any violation ofChapter 893(HorideStatutes) oro[ar' controlled substance |avv of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. , 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes good faith effort bocontinue bo maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, Icertify that this firm complies fully with the above requirements. 60N�W (Signature of Respondent) PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of My commission expires: contract - Historic Florida Keys Fn4nfY09 page24 Contract with: School Board of Monroe Qg-qnt� CONTRACT SUMMARY Contract # Effective Date: _1DLQ1 108 Expiration Date:_QqLaQ/08 Contract Purpose/Description: Provides funding for the Keys Center - A Place for Girls, orovider of services formeMonroe County. Contract Manager: David P. Owens 4482 OMB/Grants (Name) (Ext.) (Department) W• # r - = =1 - Total Dollar Value of Contract: $34,000.00 Current Year Portion: $34,000.00- Budgeted? Yes X No F-1 Account Codes: 001-01533-530340-- Grant: $_ County Match: $- ADDITIONAL COSTS Estimated Ongoing Costs: $____Jyr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) Date Changes Needed I Date Out IR4ewef In YesEl NoM, ()'v Division Director Risk Maage 4tent YesE] NoE] OMB/Purch%aing YesF1 No4 County Attorney Yes[:] No® Comments: STL•10 �*. INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF MONROE COUNTY AND THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS This Agreement (Agreement) is made and entered into this 15th day of October, 2008 by MONROE COUNTY (COUNTY), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, and the SCHOOL BOARD OF MONROE COUNTY (SCHOOL BOARD), as the contracting agent for the School District of Monroe County, a public agency of the State of Florida, whose address is 241 Trumbo Road, Key West, FL 33040. WITNESSETH: WHEREAS, the Keys Center - A Place for Girls provides essential services, including classroom instruction, career training, group and family counseling, transitional services, referral, community service, and case management for at -risk girls age twelve through eighteen in Monroe County; and WHEREAS, it is a legitimate public purpose to provide facilities and services for education, counseling, training, and advocacy for at -risk young women; and WHEREAS, SCHOOL BOARD has agreed to provide faces for these services ?.nd employment for Keys Center employees; and WHEREAS, COUNTY wishes to continue supporting these services; and NOW M-e OWN S I Wq M M ILOW.: Ism Is 1 0,77M 0 --sm-2 0 0 - liffo� NOW THEREFORE, IN CONSIDERATION OF the mutual promises a conditions contained herein, the parties agree as follows: I 1. SCOPE. The Parties shall cooperate in support of the above -mentioned services as follows: A. COUNTY RESPONSIBILITY. COUNTY shall provide SCHOOL BOARD up to a maximum of thirty-four thousand and no/100 dollars ($34,000.00) in funding for fiscal year 2009, according to the terms of payment in Paragraph 3. B. SCHOOL BOARD RESPONSIBILITY. SCHOOL BOARD shall ensure that g,ervices previously performed by PACE will continue throughout the term of this ,Rgreement, including, but not limited to, classroom instruction, career training, group and family counseling, transitional services, referral, community service, and case management for at -risk girls age twelve through eighteen in Monroe County. A. Subject to and upon the terms and conditions set forth herein, this Agreement shall be effective October 1, 2008, and end on September 30, 2009. B. The parties may extend this agreement after the expiration of the term described herein according to such terms and conditions as may be agreed to at t time of extension. I 3. PAYMENT. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimburse, subject to the funded amounts, those reimbursable expenses which are reviewed and approved as complying with this Agreement. Evidence of payment by the SCHOOL BOARD shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a certification statement. An example of a reimbursement request cover letter is included as Attachment B. The SCHOOL BOARDS final invoice must be received within sixty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board of County Commissioners examines and approves the request for reimbursement, the COUNTY shall reimburse the SCHOOL BOARD. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the total amount shown in Article 1, above. 4. 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 COUNTY by written notice of termination delivered to the SCHOOL BOARD. The COUNTY shall not be obligated to pay for any services or goods provided by the SCHOOL BOARD after the SCHOOL BOARD has received written notice of termination, unless otherwise required by law. 5. CLAIMS FOR FEDERAL OR STATE AID. SCHOOL BOARD and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approve4 by each party prior to submission. 6. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 7. RECORDS. SCHOOL BOARD shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to SCHOOL BOARD pursuant to this Agreement wer-- spent for purposes not authorized by this Agreement, the SCHOOL BOARD shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to SCHOOL BOARD. 8. PUBLIC ACCESS. The COUNTY and SCHOOL BOARD shall allow and permit reasonable access to, and inspection of, all documents ' papers, letters or other materials in its possession or under its control subject to the provisions of ChapterFlorida Statutes, and made or received by the COUNTY and SCHOOL BOARD in conjunction with this Agreement; and the COUNTY shall have the right t* unilaterally cancel this Agreement upon violation of this provision by SCHOOL BOARD. 9. ATTESTATIONS. SCHOOL BOARD agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 10. ATTORNEY'S FEES AND COSTS. The COUNTY and SCHOOL BOARD agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevang party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 1:1. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and SCHOOL BOARD and their respective legal representatives, successors, and assigns. 12. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. MZ 0 NO F-r-m-M a W-M-2gg go lreiwlmlspmmiall FAILVArey�- ITIVEAMAIVIS! Big To 001-Mal F1311AM wall MEN corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the SCHOOL BOARD agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 14. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the SCHOOL BOARD is an independent contractor and not an employee of the COUNTY. No statement contained in this agreement shall be construed so as to find the SCHOOL BOARD or any of its employees, contractors, servants or agents to be employees of the COUNTY. 15. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the COUNTY and SCHOOL BOARD agree that each 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 COUNTY or SCHOOL BOARD to terminate this contract immediately upon delivery of written notice of termination to the other. 16. PROFESSIONAL RESPONSIBILITY AND LICENSING. The SCHOOL BOARD shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the COUNTY is contingent upon retention of appropriate local, state and/or federal certification ind/or licensure of the SCHOOL BOARD's program and staff. 17. DISCRIMINATION. COUNTY and SCHOOL BOARD agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or SCHOOL BOARD agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973 ' as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation 1ct of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 18. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY and SCHOOL BOARD. 19. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. COUNTY and SCHOOL BOARD agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 it after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any it shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 20. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, o breach of this Agreement, COUNTY and SCHOOL BOARD agree to participate, to th extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and SCHOOL BOARD specifically agree that no party to this Agreement shall be required to enter into a arbitration proceedings related to this Agreement. I 21. TERMINATION. This Agreement may be terminated by either party upon forty-five (45) days written notice to the other party. 22. COVENANT OF NO INTEREST. COUNTY and SCHOOL BOARD covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The SCHOOL BOARD shall not assign this agreemerm except in writing and with the prior written approval of the COUNTY, which approv shall be subject to such conditions and provisions as the COUNTY may deem necessary. This agreement shall be incorporated by reference into any assignmen 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 COUNTY in addition to the total agreed upon reimbursement amount for the services of the SCHOOL BOARD. I 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the SCHOOL BOARD in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 25. INDEMNIFICATION AND HOLD HARMLESS. To the extent allowed by law, the SCHOOL BOARD 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 *wned by Monroe County) and any other losses, damages, and expenses (including ittorney's fees) which arise out of, in connection with, or by reason of services provided by the SCHOOL BOARD occasioned by the negligence, errors, or other wrongful act or omission of the SCHOOL BOARD's employees, agents, or volunteers. 26. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 27. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 28. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizin the tin•f the cnstitutinal•r statutry•uties•f the CUNTY, exct t•t extent permitted by the Florida constitution, state statute, and case law. I delegaoooooodoOepo 29. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the SCHOOL BOARD agree that neither the COUNTY nor the SCHOOL BOARD or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 30. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 31. 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 COUNTY: David P. Owens, Grants Administrator and Monroe County Attorney Gato Building PO Box 1026 1100 Simonton Street Key West, FL 33041 Key West, FL 33040 For SCHOOL BOARD and Chairman Superintendent of Schools Monroe County School Board 241 Trumbo Road 241 Trumbo Road Key West, Fl 33040 Key West, Fl 33040 32. CONSENT TO JURISDICTION. Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY an#'. OOL BOARD agree that venue will lie in the appropriate court or before the i.ppropriate administrative body in Monroe County, Florida. 33. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by ii BOARD shallnot be deemed or COUNTYconsidered as a continuing waiver and shall not operate to bar or prevent the • declaring a forfeiturefor any succeeding breach,of conditions or • - or otherwise. • SEVERABILITY. any ! •conditionor provision of A• (or the application`! ! any r or person) . be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining i - .conditions• and provisions of f -shall not be affected thereby; and each remaining term, covenant, condition and provision of Agreement shallbe valid • • shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of •reement would prevent i ! of the original intentof Agreement. The COUNTYand SCHOOL :iA•i agree to reform the a • replace any provision with . valid provision comesas i as possible to the intent of provision. ENTIRE35. AGREEMENT. agreement constitutes agreement of parties hereto with respect to the subject matter hereof f • supersedes • all prior agreements•etosuch subjectbetweenii BOARD w • the COUNTY. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. SEAL. MONROE COUNTY BOARD OF DANNY KOLHAGE, CLERK COUNTY COMMISSIONERS �-. . • ATTEST MONROE COUNTYii :iA'! rVIONOE COUNTY ATTORNEY APPROVED AS T O FORM: CHMSTINE Ni. LI BE T-BA€RR3WS 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 rela to travel, are from Florida Statute 112.061. 1 A cover letter summarizing the major line items on the reimbursable expense request needs to also contain a notarized 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 no be considered for reimbursement. Remember, the expense should be paid prior requesting a reimbursement. i 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. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verng 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. If a Payroll Journal is not provided, the following information must be provided: check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required f reimbursement. For overnight or express deliveries, the vendor invoice must b ificluded. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advanc-,A payments are not allowable expenses. Reproductions, Copies, etc. A •• • copy •` as they • to the County contract is required • 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 and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. 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 • for Reimbursement of Travel Expenses. Travel must be submitted in accordance with Florida Statute 112.061. Credit card statements are not acceptable documentation for • If attending a • or meeting a •i 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 • requires the vendor invoice. Fuel purchases should be documented with paid • Taxis are not reimbursed if taken to arrive • 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 detailed list of charges is required on the lodging invoice. Balance due must 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. I Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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 reimbursemenj Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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 4eparture. 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. 1 10 MUNROE Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FIL 33040 SWE The following is a summary of the expenses for (Organization name) for the time period of to 101 Company A Rent $ X'XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total$A �Xx - Ux (B) Total prior payments $ X'XXX.XX (C) Total requested and paid (A + B) $ X'XXX.XX (D) Total contract amount $ X'XXXm Balance of contract (D-C) VXI XXX.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 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 to and subscribed before me this day of —20— by who is personally known to me. Notary Public Notary Stamp Contract with: Marathon Wild Bird CONTRACT SUMMARY Contract # Effective Date: 1[/{1J08 Expiration Dahe:9/30\/09 Contnsc±Purpose/Deschption: provides funding for bird rescue programs Contract Manager: David P. Owens 4482 OMB/Grants (Name) (Ext.) (Department) CONTRACT COSTS Total Dollar Value of Contract: $9,120>]}0 Current Year Portion: $9^120J00 Budgeted?YesZ No Account Codes: {0L1-{1520-530340-____-____ (Srant: ${.{0 County Match: $____ - - - ' ADDITIONAL COSTS Estimated Ongoing Costs: ¢____/yr Fur:____ (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, CONTRACT REVIEW Chanc Date In Need' Division Director ____ Yes[]N RiskMena vp=FN County Attorney Yesn NoRl Comments: This Agreement is made and entered into this 15m day of October, 2008 between the COUNTY, OFCOUNTY COMMISSIONERS OF MQNROE COUN�hereinafter referred to as "Board" or "County," and The Marathon VV|/d Bird Rescue, Inc FLORIDA,ene[na�er referred to as "PROVIDER."'' '' WHEREAS, the PROVIDER is e not -for -profit corporation established for the provision of wild bird rescue programs, and WHEREAS, it is a legitimate public purpose to provide facilities and services for wild bird rescue programs, 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 services for wild bird rescue programs in Monroe County, Florida, shall pay to the PROVIDER the sum of NINE THOUSAND, ONE HUNDRED, TWENTY, AND NO/100 DOLLARS ($9,120.00) for fiscal year 2008-2009. 2. TERM. This Agreement shall commence on October 1, 2008, and terminate Septemb 30, 2009, unless earlier terminated pursuant to other provisions herein. I 3. PAYMENT. Payment will be made 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 tothe funded amounts below, thosereinbursab|e expenses which are reviewed and approved as complying with Florida Stetutes112.O61andAttachnentA-ExpenseReinbursenent Requirements. Evidence of paynenLbythe PROVIDER shall be in the form of a letter, summarizing the expenses, with supportingdocunentation attached. The letter should contain a certification statement.An example of e rn reibunsernentrequestcover/ett2ris included as Attachment B. The organizat/on's�na| invoice must be received within sixty days after the termination date o' ' this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, thA. Board shall reimburse the PROVIDER. However, the total of said reimbursement expens- payments in the aggregate sum shall not exceed the total amount shown in Article 1, above�, during the term of this agreement. 4. 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, S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission, 6. 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 bz- iccounted for pursuant to statutory requirements. Contract Marathon Wild Bird Rescue qY09;page 1 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied, Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55,03, FS, running from the date the monies were paid to PROVIDER. S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER, 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to A (a)evidence ofthe onganiaaton!s 5O1(�)(3) status; (b) a list of org�ni�aLion's Board ' '� ^ � ' m Directors of which there must be five or more; (c) evidence of annual election of Officers and Directors; (d)an annual audited financial report ; (e)a copy the organization's Corporate Bylaws, which must address the organizat|Vn's mission, board and membership composition, election ofo0icers and soon' /O a copy of the onganizabon's Corporate Policies and Procedures Manua/ ' which must inc|ud hiring policies for all staff,drug and alcohol free workplace provisions, equal ennp[oyrnee opportunity provisions, and soon; //� (g)cooperation with County monitoring visits; (h)sern|-annua| performance reports. These reports should include performance measurements which will demonstrate the level of accomplishment of goals for which fundi has been provided. ng (i) other reasonable reports and information related to compliance with applicable laws contract provisions and the scope of services that the County may from time to time request. ' 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C for the benefit of residents of Monroe County, Florida. 11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that inthe event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing pa -''^/ shall be entitled to reasonable at±orney's fees, court costs, investigative, and out-of-pocket expenses,as an award against the non -prevailing party, and shall include attorney'sfeescourts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings �"=''''""|`"^ed and conducted pursuant to this Agreement shall n b8 in accordance with the Florida Rules R / usual and customary procedures required by the circuit courto f o� [�«i| Procedure and M�nroe(�ouniy. 12. BINDING EFFECT. The terms, covenants' conditions, and provisions of this shall bind and inure to the benefit ofthe County and PROVIDER and their respective|ega| representatives, successors, and assigns. Cmtoct-«aaUhonWild Bird Rescue RY09;page Z 13. CODE OF ETHICS. County agrees that officers and employees of the Coun recognize and will be required to comply with the standards of conduct for public officers a I t employees as delineated in Section 112313, Florida Statutes, regarding, but not limited I solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensatio misuse of public Position, conflicting employment or contractual relationship; and disclosure use of certain information. 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to itself, it, has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. IS. 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. 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, thd 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. Federal or state statutes which may apply to the parties to, or the �ub1ect matter o[ this Agreement.' ' AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the i and/or reimbursement of services shall be accomplished by an amendment which s�r«�es approved in writing bythe {�OUNTy. , must be 20. /kDJIUDICA7FION OF DISPUTES OR DISAGREEMENTS.County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved bymeet and confe sessions between representatives of each of the parties, If no neso|"tion c�n be agree� uor within 30 days after the first meet and confer session, the issue or issues shall be discussed pn public meeting of the Board of County Commissioners. ' If the issue v� «sse �t � tothe saUsfacb' nr on of parties, then any party have right not resolved as may be Pru«|d8d by this Agreement or by Florida |a. g to seek such relief or remedy 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of th is Agreement, County and PROVIDER agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest/ and shall not acquire any interest, which would conflict /n any manner or degree with its performance under this Agreement, and that only interest of each is to rfo and receive benefits as recited in this Agreement. P� rrn and withe �W��AS�|IG����EMKT. The PROVIDER shall not assign this agreennenLexcept in writing cn e 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 incorporated by reference into any assignment and any assignee ' ah�/| comply vv�/�h a|( oxr the o provisions herein. Unless expressly provided for therein, h event be deemed to impose any obligation upon the Board such approval shall in no manner or reimbursement amount for the services of the PROVIDER. ro |n �U�|t|on to the total agreed upon Florida 24.t NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec 7�828 Sca uces, the participation of the County and the PROVIDER in this A ' ' ' acquisition of any commercial liability insurance coverage`self-insurance c Agreement and the government liability insurance pool coverage shall not be deemed a waiver »«ensg�' or local extent of liability coverage, nor shall any contract entered into by the County {n�n)unityLoth� co»ta/n eny proviS/on forvveiver. //�y u� requ/redto 25. ATTESTATIONS. PROVIDER agrees to execute such documents asthe County reasonably require, to indudea Public Entity CrirneBLaternentan Ethics and may FreeVVorkp/aceStaternenL. ' ' a Drug- Freedelivery 2��. ^�U�'�U����kIl[1y, Each party represents and warrants to the other that the execution, and performance of this Agreement have been duly authorized by a// necessaryCounty and corporate action, as required by |avv, oun y INDEMNITY ISSUES Contract - Marathon Wild Bird Rescue FY09; page 4 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agre to indemnify and hold harmless Monroe County Board of County Commissioners from any and claims for bodily injury (including death), personal injury, and property damage (includi property owned by Monroe County) and any other losses, damages, and expenses (includi attorney's fees) which arise out of, in connection with, or by reason of services provided by t PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of t PROVIDER'S employees, agents, or volunteers. I exemptions 28^�PRIVILEGES^AND�IMMUNITIES./U| of the privileges and immunities from liability, from laws, ordinances, and rules and pensions and relief, disability,workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective e functions under this Agreement within the territorial limits of the County shall apply to the same «er extent to the performance of such functions and duties of such officers, degree and employees outside the territorial limits of the County. c�rs' agents, volunteers, or 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall deemed to be a covenant or agreement of any member, officer, agent or employee of Monr County in his or her individual capacity, and no member, officer, agent or employee of Monr County shall be liable personally on this Agreement or be subject to any personal liability accountability by reason of the execution of this Agreement. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation ofConstit ti | or Statutory Duties. This Agreement is not intended to, nor shall it be oznstrucd a� ra|ieving �ny u one participating entity fromany mb(�gat/on or responsibility imposed upon the entity b« `|awexcepzco the extent of actual and timely performance thereof by any participating ent/ty, in which performance may be offered in satisfaction of the obligation or responsibility. wcase the ty Further, this Agreement is not intended to, nor shall /t be construed as authorizing the delegation ofthe constitutional or statutory duties of the County, except to t' e extent permitted by the Florida '/oa constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third - party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or permitted under this agreement shall be in wri ting hand -delivered or mailed, postage pre -paid, by certified nGi|' return receipt requested, to theotUerpartyasfo/(mvs: For Board: David P. Owens, Grants Administrator and I18OSimonton Street Key West, FL33O40 PO Box 1026 Key West, FL 33041 Contract 'lVanabhon Wild Bird Rescue FY09 page Kelly Grinter, Executive Director Marathon Wild Bird Rescue, Inc. P.O. Box 501328 Marathon, Florida 33050 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. Agreement shall be governed by and construed in accordance with the laws of the State of FA 2pplicable to contracts made and to be performed entirely in the State, 0 In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County ~nd PROVIDER agree that venue i/| lie in the appropriate court or before the appropriate ad' �nistraLive body in MO County, w The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term ofthis Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of another administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be osp[ k t and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and sne||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, 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (orthe application thereof to any circumstance or person) shall be declared invalid or unenforceableco any extent by a court of competent jurisdiction, the remaining barns' covenants' conditions provisions of this Agreement, shall not be affected thereby; and each remaining term,co«enant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms,covenants, n conditions and provisions of this Agreement would prevent the accomplishment of the or| | intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent stricken provision. r or the [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE 0FOLLOW] Cmtract-MaethmWild Bird Rescue FY09Page G 37~ 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 tosuch subject matter the PROVIDER and the Board. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed of the day and year first written above, ae (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK so Deputy Clerk Laz IN Marathon Wild Bird Rescue, Inc. �8OW�OE(�{�UNTY4JT8RNEY APPROVED Contract ' Marathon Wild Bird Rescue FY09;page 7 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 needs to also contain a notarized certified statement such as: "I certify that the attached expenses are accurate and /n 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 bebilled tothe contracting agency. Third party payments will not beconsidered 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, PCTime, etc. The vendor invoice isrequired for reimbursement, Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the chargingdepartrnent attochedandcerti�ed. are 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, if a Payroll Journal is not provided, the following information must be provided: check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement, For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. Acopy ofthe rental orlease agreement isrequired, Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement.The log must define the date, nurnbero[copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will beallowable. For vendor services the sample of the finished product are required. ' ce and a Supplies, Services,etc. For supplies or services ordered, a vendor invoice is required. TellegFan, Fax, etc. A fax log is required, The log must define the sender, the intended recipient the th number called, and the reason for sending the fax. / ' e Contract ' Marathon Wild Bird Rescue FY09;page 8 Telephone Expenses A user log of pertinent information must be remitted including: the party called,the caller, the telephone nurnber,the date, and the purpose ofthe caU. 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 docurnentation for reimbursement. Ifattendi^ ' meeting a copy of the agenda is needed Airfare reimbursement ' i the a conference or receipt portion of the airline ticket. A travel itinerary is appreciated i|ixe original passenger Auto rental reimbursement requires the invoice Fuel �o co facilitate the audit trail. with paid receipts. Taxis are not reimbursed vendor if taken t' arrive at be documented taking a taxi from one's residence to the for a »o eir» �[ia departure Point: for example, considered a reimbursable travel ''= business trip |s not reirnbursab/e' parking is tripisnot, expenseatthe destination. Airport parking during abusiness A detailed list of charges is required on the lodging invoice, Balance due 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 shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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 shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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 inthe ozntract), contributions, depreciation expenses (unless specifically `U indudedinthe contrac±),entertainment expenses, fundnsi9ing non-sufficient penalties and �nes. ' = charges, Contract Marathon Wild Bird Rescue RY09;page 9 Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 The following is a summary of the expenses for ( Organization name) for the time period of to Check # Payee Reason Amount 101 102 Company A Rent X'XXX.XX 104 Company B Utilities Employee A P/R ending 05/14/01 XXX.XX XXX.XX 105 Employee B P/R ending 05/28/01 —'XXX.XX (A) Total (B) Total prior payments $ X'XXX.XX (C) Total requested and paid (A + B) $ X'XXX.XX (D) Total contract amount $ X'XXX.XX Balance of contract (D-C) 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 • Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting clocumentation,� Sworn to and subscribed before me this — day of 20 by who is personally known to me. Notary Public Notary Stamp Contract - Marathon Wild Bird Rescue FY09; page 10 Wild bird rescue services, including, but not limited to, rescue, rehabilitation, education, awareness, etc, in Monroe County. Contract - Marathon Wild Bird Rescue FY09; page 11 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 #f 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." Contract - Marathon Wild Bird Rescue FY09; page 12 SWORN STATEMENT UNDER ORDINANCE NO. 1O-1y9D MONROE COUNTY, FLORIDA 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 to the former County officer or employee. (signature) 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 day of My commission expires: Contract Marathon Wild Bird Rescue FYD!; page 13 The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities orcontractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenclere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction, 5. Imposes sanction on, orrequire the satisfactory parddpoton in a drug abuse assistance or rehabilitation program if such is available in the employee's ~,or any employee who is so convicted. b. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this £ection. As the person authorized to sign the statement, / certify that firm cornp/iesfully with the above requirements. ' STATE OF (Signature of Respondent) H�� #ERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of .ndividual signing) affixed -his/her signature in the space provided above on this My commission expires: Contract ' Marathon Wild Bird ReSCu RY09;page 24 CONTRACT SUMMARY Contract # Contract with: Monroe Council of the Arts Corp, d/b/a Effective Date: 10/01 /08 Florida Keys Council of the Arts Expiration Date:09/30/09 Contract Purpose/Description: Provides funding for services which develop, coordinate, and promote the arts in Monroe County. Contract Manager: David P. Owens (Name) for BOCC meetinq on 4482 OMB/Grants (Ext.) (Department) CONTRACT COSTS Total Dollar Value of Contract: $57,000,00 Current Year Portion: $57,000.00 Budgeted? Yes® No F-1 Account Codes: 001-01512-530340- Grant: $0.00 County Match: $- Estimated Ongoing Costs: $_/yr (Not included in dollar value above Division Director Risk Manag ment O.M,B./PurchasNig ��L -ow County Attorney UP146 Comments: ADDITIONAL COSTS For: maintenance, utilities, janitorial, salaries, "1--"-",- 11----------, ---------- -a CONTRACT REVIEW Changes r `use Date Out Needed L r viewe V 0, Yes❑ Now -1 -1 6 YesE NoE3' YesR No0- tlOE'e YesEl No[o OMB Form Revised 9/11/95 MCP # 2 This Agreement is made and entered into this 15m day of October, 2008 between the BOARD UFCOUNTY CO�4MIBSIDNERS OFMONROE COUNTY, FLORIDA`hereinafter referred to as ~Board, th or "County," and Monroe Council of the Arts Corp -ration d/~/a Florida Keys (�ounci! of � Arts, hereinafter referred to as "PROVIDER." ' d WHEREAS, the PROVIDER /s a not -for -profit corporation established todeve/np coordinate and prornotetheertg,and ' WHEREAS, it is a legitimate public purpose to provide facilities and services forth development, coordination, and prornotionofthe a�s, now, therefore, e as follows: IN of the mutual promises and covenants contained herein, it is agreed FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and carrying out the development, coordination, and promotion of the arts in Monroe County, Florida, shall pay to the PROVIDER the sum of FIFTY- SEVEN THOUSAND, AND NO/100 DOLLARS ($57,000.00) for fiscal year 2008-2009. 2. TERM. This Agreement shall commence on October 1, 2008, and terminate September 30, 2009, unless earlier terminated pursuant to other provisions herein. as hereinafter Payment will be made periodically, but no more frequently than rnnnth|y, Finance .�... ."=. set /v/t. Reimbursement requests will be submitted to the Board via the Clerk's " nance Office. The (�OUNTYshall only reimburse, subject funded amounts below, those reimbursable expenses which are reviewed d ' w' no�e 112'061 and /\ttechrnentA - Expense Reimbursement approved as complying with Florida ��atu��� PROVIDER shall be in the form of a letter, summarizing Evidence ofpeyrnentbythe documentation attached. The letter should ter'tsurnnnarizing the expenses' with supporting reimbursement request ~over letter is includedcon a«l a certification statement. /\n'exarnp(e of e `asAttachrnentB The organiz�tinn' final i i must be received within sixty days after the termination date o' this contract shown sin above. - / own n Article After the Clerk of the Board examines and approves the request for reimbursement, th.- Board shall reimburse the PROVIDER. However, the total of said reimbursement expens't payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this agreement. level 4. AOFU����������� � FUNDS. If funds cannot be obtained or cannot be continued at a this sufficient to allow for continued reimbursement of expenditures for services specified herein agneernen� may�y b� terminated immediately at the option of the Board by written »f tten noti ' termination delivered to the PROVIDER. The Board shall not be obligated to pay for any se te or goods provided by the PROVIDER after the PROVIDER has received written notice termination, unless otherwise required by law. no ce termination,of S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further ths- purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Contract ' Monroe Arts Council FY09;page / 6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased wil funds provided under this agreement, shall become the property of Monroe County and shall accounted for pursuant to statutory requirements. pertinento ��t��EC0'U�DS. PROVIDER shall maintain all books, records, and documents directly phperformance under this Agreement in accordance with generally accepted accounting //chip|con sistently ne/scenorn yapP||e�. Each partyhoth|sA�reeentortheirauthorized representatives«�s shall || have reasonable and timely access to such records of each other party to this Agneennentr ro public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines t monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized noc this Agreement, the PROVIDER shall repay the rnoniestogether with interesLca{cu|atedby to Sec. 55.03, FS, running h-onnthe date the monies were paid to PROVIDER. Pursuant S. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable acce to, and inspection of, all documents, papers, letters or other materials in its possession or und its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by t County and PROVIDER in conjunction with this Agreement; and the County shall have the right unilaterally cancel this Agreement upon violation of this provision by PROVIDER. I 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the (a) evidence of the organizabon's 5O1(c)(3) status; (b\ � list of org�ni�at/nnis Board ` '� ' ' orU|rec{mrsofwhich there must befive ornoora' (c) evidence ofannual election ofOf�cersand Directors; ' (d)an annual audited financial report ; (e)acopy the organ|zation's Corporate Bylaws, which nnust address the organization's mission, board and membership composition, election of officers, and so on; (f) a copy of the organizotion's Corporate Policies and Procedures � Manua/ ' which must inc� d hiring policies for all staff, drug and alcohol free 'workplace u e opportunity provisions, an so on; aos provisions, equal employment (g)cooperation with County monitoring visits; (h)senni-annua( performance reports. These reports should include performance measurements which will demonstrate the level of accomplishment of goals for which fu di has been provided. n ng (i) other reasonable reports and information related to compliance with applicable laws contract provisions and the scope of services that the County may fromtime to time request. ' RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 11. J%TTORNEY1S FEES AND COSTS. The County and PROVIDER agree that in the event any cause of action or administrative proceeding is initiated or defended by any v«party relative to enforcement or interpretation of this Agreement, the prevailing party shall be entitled toreaSonab/e attorney'5 fees, court costs, investigative, and out-of-pocket expenses, as an award against non -prevailing party, and shall indudeattorney'sfees'courts costs, /n«e8UgaU«e' andout-of-pVcket expenses in appellate proceedings.Mediation proceedingsinitiatedandco»ductedPursuantto this Agreement shall be in accordance with the FloridaF|«r/Ua Rules of Civil Procedure andu6ua/ and customary procedures required by the circuit court of Monroe County. Contract ' Monroe Arts Council FyB9 page 12^ BINDING EFFECT, The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, c,olicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or ,ise of certain information, 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. 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. 16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, t PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulatin] the provision of such services, including those now in effect and hereinafter adopted. An violation of said statutes, ordinances, rules and regulations shall constitute a material breach this agreement and shall entitle the Board to terminate this contract immediately upon delivery written notice of termination to the PROVIDER, 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assur,., 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. 18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination, These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of ,?lcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC Dmkect Monroe Arts Council Rm9; page 3 ss. 690dd-3 and 290ee-3\, as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) llUe VIIl of the Civil Rights Act of 1968 /42 US(s'etaeq'\"as amended, to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Act of 1990 (42 US(s. 1201 Note), as maybe amended from time to time, relating tonondiscrin)oat)on on the basis of disability; 10) Any other nondiscrimination provisions in anyFederal or state statutes which may apply to the parties to, or the subject natter of, thieAgreenent. AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the i end/or reimbursement of services shall be accomplished by an amendment which ser«ces approved in writing bythe COUNTY, ' must be 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTSCounty and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions bet ween representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed t public meeting of the Guard of County Commissioners. If the issue "c s�� a a to the satisfaction of the parties then any ' have the right not ne�o/v�d ' n as may be provided by this AgreAgreement or by Florida |a. � to seek such relief or remedy aga�nst21.thCK�OPERATIK���. In the event any administrative or legal proceeding is instituted either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, Lothe extent requio—`eur�� by the rt in all proceedings, hearings, processes, meetings, and other activities related substance the s b ty' this Agreement or provision of the services under this Agreement. t a»c�o� sped�ca||yagree that no party tothis /\gnaernentshaU he required County and PROVIDER Proceedings related to this Agreement. co enter into any arbitration ASSURANCES 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each |o s t rfo �r and receive bene�Lsasredtedinthis Agnsernent. pe rrn and vvi23,� /���/�����I«�U�0�E��~�. The PRDVI[}ERshall not assign this agneernentexcept in writing cn the prior vvriULeo approval of the Board, which approval shall be subject t h conditions and provisions as the Board may deem necessary. This agreement z»/suc incorporated by reference into any assignment and any assignee � ' shall comply with asn�// or Uthe �� provisions herein. Unless expressly provided for therein,h event bedeernedLo impose any obligation upon the Board such approval shall in no manner or reimbursement amount for the services of the pRDyl[)ER.nro /n aOU/t|mn to the total agreed upon Florida 24.t NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec 7G8 Z8 Sca uces, the participation of the County and the PROVIDER in this A ' ' ' acquisition of any commercial liability insurance coverage, e�|self-insurance� and the government liability insurance pool coverage shall not be deemed a waiver e coverage, or local extent of liability coverage, nor shall any contract entered into b the of immunity �o the contain any provision for waiver. y e County be required �o 25. ATTESTATIONS. PROVIDER agrees iOexecute such documents asthe Count reasonably require, to include a Public Entity Crime Statement, an Ethics Statement�nd y may Free Workplace Statement. ' a Urug- [ontracf-MomrueArtsCovncJFYD9 page 26. AUTHORITY. Each party represents and warrants to the other that the execub delivery and performance of this Agreement have been duly authorized by allnecey Coon, and corporate action, as required by law. s�ry «nty INDEMNITY ISSUES 27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and a to indemnify and hold harmless Monroe County Board of County Commissioners �o agrees claims for bodily injury (including death), persona/ injury, and property rsnnan« any and all property owned by Monroe County) and �ny other losses, ' damage \//`uuong attorney's fees) which arise out of � o s' damages, and expenses (including PROVIDER occasioned by the negligence, connection with, or by reason of services provided by the pR(]yI�ER,��== | errors, or other wrongful act or omission of the employees, agents, 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from |iabi|it exemptions from|aws, ord/nances, and rules and pensions and ne|ief, disabi/ity, *orke�yrs� compensation, and other benefits which apply to the activity of officers, agents t ' any public agents or employees of the County, when performing their resPecti' «r employees of this Agreement within the territorial limits o' the County shall apply to the same degree and «e functions under extent to the performance of such functions and duties of such officers, employees outside the territorial limits of the County. cens' agents, volunteers, or d 29~ NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be County to i agreement a covenant or �gre�enL of any member, officer, agent or employee of Monroouncy n /s or her individual capacity, and no member, officer, agent or employee of y4on e County shall be liable personally on this Agreement or he subi' �L to any personal /i�bi|it ro� accountability by reason of the execution of this Agreement.~` y or RESPONSIBILITIES: Statutory 30. 0EK�LEGALOBLIGATIONSOBLIGATIONSANDARESPONSIBILITIES: Non -Delegation of Constitutional Duties. This Agreement is not intended to, nor shall it be construed as relieving any participating entity from any obligation or responsibility imposed upon the entity by as, except to the extent of actual and timely performance thereof by any participating ent/ty, in which performance may be offered in satisfaction of the obligation or responsibility. wcase the y Further, Agreement is not intended to, nor shall it be construed as authorizing the �|d `n�r'this othe f constitutional or statutory duties of the County, except to t' e extent permitted / by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BlyNON-PARl[IES. Noperson orentity shall beentitled t / upon the terms, or any of them, of this Agreement to enforce or attempt to enforce an to party claim or entitlement to or benefit of any service or program contemplated h any thy the County and the PROVIDER agree that neither the County nor the PROVIDER or and or officer, or employee of either shall have the authority to inform, counsel, or otherwise agent, that any particular individual or group of individuals, entity or entities entitiesh nmse indicate benefits under this Agreement separate and apart, in - rior to,superi"ur to entitlements or genera/ or for the purposes contemplated in this A or u the community /n Agreement. GENERAL c 32. Execution An Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as on original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33. NOTICE. Any notice required or Permitted under this agreement shall «l be � hti and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt wr Lng other party asfollows: ' ����u, co n� For Board: David P. Owens, Grants Administrator and 1100Sinnonton Street Key West, FL3304O For PROVIQER Liz Young, Executive Director Monroe Council of the lrc-, IcT-, 1100 Simonton Street Key West, Florida 33040 Monroe County Attorney PO Box 1026 Key West, FL 33041 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for oth enforcement or interpretation of this Agreement, the �oun�y and PRDVIDE� agree that venue wi/ e lie in the appropriate court or before the appropriate administrative body in Munroe County, The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a benn of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kemil and performed by the PROVIDER shall not be deemed or considered as a continuing waiver a shall not operate to bar or prevent the Board from declaring a forfeiture for any succeedil breach, either of the same conditions or covenants or otherwise. the a3i�6.U��EVER��BILITY. If any barrn, covenant, condition or provision of this Agreement (or pp|os on thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants cond|ti and provisions of this Agreementsha// � b -/ ' ons covenant, condition this An« e a�ected th�rebY; �nd each remaining term,, s gne�rnentsha|| be valid and shall beenforceable t»the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, n conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent withstricken pruvis/on, or cn� [THIS SPACE INTENTIONALLY LEFT- BLANK WITH SIGNATORY PAGE TO FOLLOW] Cmtract-yonroeArts Council RY09;page 6 37. 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 the PROVIDER and the Board. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNYL. KOLHAGE, CLERK Deputy Clerk Monroe Council of the Arts, Inc. M[}NROECOUNTY ATTORNEY Contract - Monroe Arts Council FY09; page 7 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. Acover letter summarizing the nna]Vr line items on the reimbursable expense request needs to also contain a notarized 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 th/sorgan|zaLio//s contract with the Monroe County Board of County Commissioners."." Invoices should be billed tothe contracting agency. Third party payments will not beconsidere�d for reimbursement. Remember, the expense should be paid prior to requesting e reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the c contract. This docurnentshould not be considered all-inclusive.Th� C/erk's F/nance DepartenL on ' the right to review reimbursement requests on an individual basis Anquestionsrnr�s�rv�s guidelines should bedirected to3O5-292-3S34. ^ yregerdingLh�s� Data Processing, PCTime, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reirnbursab|eexpend|turesun(essappropriatepayro||journo/eforthechargingdepartrnencare attachedendceri/Med. Payroll Acertified statement verifying the accuracy and authenticity ofthe payroll expense isneeded If a Payroll Journal is provided, it should include: dates, employee name, salary orhoudy rate^hoCa/ hours vvurkeU,withholding inforrnationand payroll taxes checknurnbe'rcecand h k ' Payroll Journal is not provided, the following information must be provided: ed' check an«ount^ Ifa nunumber,dabe, Payee, support for applicable payroll taxes, amount, check Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reirnbursernent For overnight or express deliveries, the vendor invoice must be included, ' Rents, Leases, etc. Acopy ofthe rental orlease agreement |erequired, Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they re/ate to the County contract is required for reimbursement.Th log must define the date, nurnberofcopies made, source document, purpose, and recipient, Ae .=osu//aue fee for copy expenses will be a||owab|e. For vendor services the v�ndorinvoice`' d sannp/eofthe �nishedproduct are required. 'an � Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. l[e0efax, Fax, etc. Contract ' Monroe Arts Council FYD9;page 8 A fax log is required. The log must define the sender, the intended recipient, the date the nurnberoaUed,and the reason for sending the fax. ' Telephone Expenses A user log of pertinent information must be remitted including: ` the party called the callth telephone number, the date, and the purpose of the call.. ' e� e 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 taking a taxi from one's residence to the airport for a business trip is not reimbursable, I with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for examp e, considered a reimbursable travel expense at the destination. Airport parking during a b Parking is trip is not, usiness A detailed list of charges is required on the lodging invoice. Balance due 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 shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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 shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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 ( | specifically included in the contract), contributions, depreciation` expenses (unless sped� `un��s included /n the contract)' entertainment enL�rteinfundraising, specifically penalties and fines, 'rent expenses, [undr�sng' non-�u05c/ent�heckch�rg��, Cmtect-Monroe Arts Council RY09;page 9 A A Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 The following is a summary of the expenses for (_Organization name) for the time period of to Check # Payee Reason Amount 101 102 Company A Rent X'XXX.XX 104 Company B Utilities Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX XXX.XX (A) Total "XX ".X (B) Total prior payments $ X'XXX.XX (C) Total requested and paid (A + B) $ X'XXX.Xx (D) Total contract amount $ X'XXX.XX Balance of contract (D-C) ""M M. 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 to and subscribed before me this — day of 20 by who is personally known to me. Notary Public Notary Stamp Contract - Monroe Arts Council FY09; page 10 Arts -related services, including, but not limited to, the development, coordination, and promotion� oftheas. ' Omtect-MmmeArts Council RY09;page J1 "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 publ 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 und a contract with any public entity, and may not transact business with any public entity in excess *.f 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," Contract - Monroe Arts Council FY09; page 12 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONRDECOUNTY FLORIDA 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 to the former County officer or employee. (signature) EM 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 day of wo Contract Monroe Arts Council RY09;page 23 The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition, 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities or contractual services that are underbid a copy ofthe statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenclere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program |fsuch is available in the employee's community, or any employee who is so convicted. O. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certih/thatLh/SOrrn cornpl/esfully with the above requirements. ' STATE OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this My commission expires: Contract Monroe Arts Council 8Y09;page l4 Contract with: School Board of Monroe County affllfflwilo r i 1 1 •11 W CONTRACT SUMMARY Contract # Effective Date: 10/01/08 Expiration Date: 09AW'09 Contract Purpose/Description: Provides funding for the Just 4 Kids program, which serves the needs of school -age children in Monroe County. Contract Manager: David P. Owens 4482 OMB/Grants (Name) (Ext.) (Department) CONTRACT COSTS Total Dollar Value of Contract: $49,400.00 Current Year Portion: $49,400.00 Budgeted? Yes X No] Account Codes: 001-01530-530340- Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $____Iyr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) Changes Date Out Date Needed Rr,iewe� Division Director In YesF-1 NoED---. crx' Risk Management Yesn Non r. OMB/Purbasing YesNoNo ED' County Attorney q[LqO Yesn No[4 INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF MONROE COUNTY AND THE MONROE COUNTY BOARD OF COUNTY COMMISSIONER1 This Agreement is made and entered into this 15 th day of October, 2008 by MONROE COUNTY (COUNTY), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, and the SCHOOL BOARD OF MONROE COUNTY (SCHOOL BOARD), as the contracting agent for the School District of Monroe County, a public agency of the State of Florida, whose address is 241 Trumbo Road, Key West, FL 33040. WITNESSETH: WHEREAS, COUNTY is authorized by Section 125.01(1)(f),F.S. to provide recreational and cultural programs; and WHEREAS, SCHOOL BOARD is authorized by Section 1013.10, F.S. to permit the use of school grounds for community use centers; and WHEREAS, the parties are authorized by Section 163.01(4), Florida Statutes, to enter into an interlocal agreement to carry out their independent powers; and WHEREAS, SCHOOL BOARD has provided space, communications equipment and utilities at a local school for the administration of a student -services program entitled "Just 4 Kids"; and WHEREAS, SCHOOL BOARD is to contract with Its Just 4 Kids, Inc. INC.") for the provision of services utilizing the "Just 4 Kids" program; and WHEREAS, the parties desire to provide for the enhancement of the Just 4 Kids program; NOW THEREFORE, IN CONSIDERATION OF the mutual promises a conditions contained herein, the parties agree as follows: 1. SCOPE. The Parties shall cooperate in support of J4K-INC. as follows: A. COUNTY RESPONSIBILITY: COUNTY shall provide SCHOOL BOARD up to a maximum of forty-nine thousand, four hundred, and no/100 dollars ($49,400.00) in funding for fiscal ye 2009 according to the terms of payment in Paragraph 3. B. SCHOOL BOARD RESPONSIBILITY: This Agreement is contingent upon an agreement being executed between SCHOOL BOARD and J4K-INC., and providing a copy of the executed agreement to COUNTY. SCHOOL BOARD shall enter into an agreement with J4K-INC. to provide space and support for the J4K program and its related activities. These include bull; are not limited to: Keeping Our Kids Fit outreach service, J4K art classes, Art Against Graffiti, J4K 1s' Response Hurricane Relief, PROM clothing assistance, storage of equipment and supplies, and a small office for the PROGRAM Director. That agreement shall provide for specific requirements as detailed below, including receiving and processing invoices, verifying the provision of services, and sending invoices with service verification to the COUNTY for payment. (1) AGREEMENT PROVISIONS: The agreement between SCHOOL BOARD and J4K-INC. shall, at a minimum, provide: occasioned by the negligence, errors, or other wrongful act or omission of 34K-INC. employees, agents, or volunteers. (e) At all times and for all purposes hereunder, J4K-INC. is an independent contractor and not an employee of the SCHOOL BOARD or COUNTY. No statement contained in this agreement shall be construed so as to find 34K-INC. or any of its employees, contractors, servants or agents to be employees of the SCHOOL BOARD or COUNTY. (f) In providing all services pursuant to this agreement, J4K-INC. 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 COUNTY to terminate its contract with SCHOOL BOARD immediately upon delivery of written notice of termination to J4K-IVC. (g) J4K-INC. agrees that it will not discriminate against any employees or applicants for employment or against persons for any other benefit or service under this agreement because of their race, color, religion, sex, national origin, gender preference, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non-discrimination. (h) J4K-INC. warrants that no person has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the SCHOOL BOARD has any interest, financially or otherwise, in J4K- INC.. For breach or violation of this warranty, the SCHOOL BOARD shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 34K-INC. acknowledges that it is aware that funding for this agreement is available through the COUNTY and that violation of this paragraph may result in the COUNTY withdrawing funding for the Just 4 Kids program and its related services. (i) 34K-INC. acknowledges that this agreement is funded at least in part by the COUNTY and agrees to indemnify and hold harmless the COUNTY and any of it officers and employees from and against any and all claims, liabilities, litigation, causes of action, damages, costs, expenses (including but not limited to fees and expenses arising from any factual investigation, discovery or preparation for litigation), and the payment of any and all of the foregoing or any demands, settlements or judgments (collectively claims) arising directly or indirectly from an negligence or criminal conduct on the part of 34K-INC. in the performance of the terms of this agreement. J4K-INC. shall immediately give notice to the COUNTY o any suit, claim or action made against 34K-INC. that is related to the activity uncle this agreement, and will cooperate with the COUNTY in the investigation arising as result of any suit, action or claim related this agreement. I (j) J4K-INC. confirms that there is a liability insurance policy, be it provided by 34K-INC. or the SCHOOL BOARD, which will insure against any suits, claims or actions brought by any person or persons and from all costs and expenses of litigation brought against J4k-INC. for such injuries to persons or damage to property occurring during the agreement or thereafter that results from performance by J4k-INC. of the obligations set forth in this agreement. At all timet during the term of this agreement and for one year after acceptance of the project, evidence of this insurance shall be maintained on file with the SCHOOL BOARD showing that the aforesaid coverage is in effect. The following coverage shall specifically be provided: 1. Non -Profit Directors and Officers Liability in the amount of $1,000,000,00; and 2. Employment Practices Liability in the amount of $1,000,000.00. The policy shall provide no less than thirty (30) days notice of cancellation, non -renewal or reduction of coverage. (k) J4K-INC. shall keep such records for a period of at least four (4) years as are necessary to document the performance of the agreement and expenses as incurred, and give access to these records at the request of the SCHOOL BOARD, the COUNTY, the State of Florida or authorized agents and representatives of said government bodies. A. Subject to and upon the terms and conditions set forth herein, th Agreement shall be effective retroactively to October 1, 2008, and end on September 30, 2009. 1 B. The parties may extend this agreement after the expiration of the term described herein according to such terms and conditions as may be agreed to at t time of extension. I 3. PAYMENT. No payment shall be made until the agreement referenced in Paragraph 1. B. has been executed and provided to COUNTY. Payment will be made 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, those reimbursable expenses which are reviewed and approved as complying with this Agreement. Evidence of payment by the SCHOOL BOARD shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a certification statement. An example of a reimbursement request cover letter is included as Attachment A. The SCHOOL BOARD'S final invoice must be received within sixty days after the termination date of this contract shown in Article 2 above. After the Clerk of i#r • of i Commissioners s • # approves requestthe •reimbursement,•UNTY shall reimburse the SCHOOL:i"i However,i t of •• reimbursement expensepayments in theaggregate shall not ' ! the total amount • Article 1, above, during the term of agreement, and shall not exceed the sum of four thousand, one hundred, seventeen a 00if !• • • 00per s 4. 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 by ! of . i delivered to the SCHOOL BOARD. The COUNTY shall not be obligated to pay for any services or goods provided by #• BOARD after the SCHOOL:• • i has received written notice of termination, unless otherwise required by law. S. CLAIMS FOR FEDERAL OR STATE AID. SCHOOL BOARD and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state fundsto further the purpose of ji provided that all applications, requests, grant proposals, and funding solicitations shall be approved by party prior to submission. 6. AUTHORITY. Each party represents and warrants to the other that the ,xecution, delivery and performance of Agreement been duly authorized by all necessary County and corporate action, as required by law. 7. RECORDS. SCHOOL BOARD shall maintain all books, records, and documents directly pertinent to performance uni` Agreement accordance with generally accepted accounting principles consistentlyapplied. . i.rty tf this Agreement or authorized ®• . .ve reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination ofthisAgreement. Ifan auditor bytheCountyor determines that moniespaid to SCHOOL C•i•i pursuant to this Agreement spent• purposes n• • -! by Agreement, the SCHOOL:ia•i shall runningrepay the monies together with interest calculated pursuant to Sec. 55.03, FS, from the date the monieswere paid to SCHOOL BOARD. S. PUBLIC ACCESS. The COUNTY and SCHOOL BOARD shall allow r unilaterallypermit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and SCHOOL BOARD in conjunction with this Agreement; and the COUNTY shall have the right to r Agreement •in violation of provision by BOARD. 14. NO SOLICITATION/ PAYMENT. The COUNTY and SCHOOL BOARD warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the SCHOOL BOARD agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the SCHOOL BOARD is an independent contractor and not an employee of the COUNTY. No statement contained in this agreement shall be construed so as to find the SCHOOL BOARD or any of its employees, contractors, servants or agents to be employees of the COUNTY. 1.,. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the COUNTY and SCHOOL BOARD agree that each 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 COUNTY or SCHOOL BOARD to terminate this contract immediately upon delivery of written notice of termination to the other. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The SCHOOL BOARD shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the COUNTY is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the SCHOOL BOARD's program and staff. 18. DISCRIMINATION. COUNTY and SCHOOL BOARD agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or SCHOOL BOARD agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination, These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY and SCHOOL BOARD. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. COUNTY and SCHOOL BOARD agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 21. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and SCHOOL BOARD agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and SCHOOL BOARD specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 22. TERMINATION. This Agreement may be terminated by either party upon forty-five (45) days written notice to the other party. 23. COVENANT OF NO INTEREST. COUNTY and SCHOOL BOARD covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 24. NO ASSIGNMENT. The SCHOOL BOARD shall not assign this agreement except in writing and with the prior written approval of the COUNTY, which approval shall be subject to such conditions and provisions as the COUNTY may deem necessary. This agreement shall be incorporated by reference into any assignment ind 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 COUNTY in addition to the total agreed upon reimbursement amount for the services of the SCHOOL BOARD. 25. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the SCHOOL BOARD in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY •- required to contain 2ny provision for waiver. 30. NON -RELIANCE BY NON-PARTIES. No person or entity shall be -• to rely upon the terms, or any of them, of this Agreement to enforce or • to • • third -party claim • entitlement to • •' • any servic or program contemplated hereunder, and the COUNTY and the SCHOOL BOARD agree that neither the COUNTY nor the SCHOOL BOARD or any agent, officer, or employee of either shall have the authority to inform, counsel, • otherwise inclical that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the • in general or for the purposes contemplated in this Agreement. I 31. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, •w of which shall •` regarded • • original, all of which taken ••` shall constitute one and the same instrument and • • the parties hereto may execute this Agreement • signing any such counterpart. 32. NOTICE. Any notice required or permitted under this agreement shall be in • and hand -delivered or mailed, postage pre -paid, by certified mail, return • requested, to the other •. as follows: For COUNTY: David P. Owens, Grants Administrator and Monroe County Attorney Gato Building PO Box 1026 1100 Simonton Street Key West, FL 33041 Key West, FL 33040 Chairman and Superintendent of Schools Monroe County School Board 241 Trumbo Road 241 Trumbo Road Key West, Fl 33040 Key West, Fl 33040 33. CONSENT TO JURISDICTION. Governing Law, Venue, Interpretation, • and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any • • action or administrative proceeding is instituted • the enforcement • interpretation of this Agreement, the COUNTY and SCHOOL BOARD agree that venue will lie in the appropriate court or before the Rppropriate administrative •i• in Monroe • Florida. 34. NON -WAIVER. Any waiver of any breach • covenants herein contained to be kept and performed by the SCHOOL BOARD shall not be deemed or considered as a continuing waiver and shall not operate to •. or prevent the COUNTY from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants • otherwise. 35. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisclictio the remaining terms, covenants, conditions and provisions of this Agreement, shal not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenant conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and SCHOOL BOARD agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. I 36. ENTIRE AGREEMENT. This agreement constitutes the entire agreemenli #f 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 SCHOOL BOARD and the COUNTY. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. C,,EAL MONROE COUNTY BOARD ('17 DANNY KOLHAGE, CLERK COUNTY COMMISSIONERS11 Deputy Clerk ATTEST MONROE COUNTY SCHOOL B042-D wimtNOTIT M-10 MONROE COUNTY ATTORNEY APPROVED AS TO FORM: -Q V Yt-' "' CHRISTINE Vt. LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date W, -"A f flz- Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 ME The following is a summary of the expenses for (Organization name) for the time period of to 101 Company A Rent $ X'XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total $AMUM (B) Total prior payments $ X'XXX.XX (C) Total requested and paid (A + B) $ X'XXX.XX (D) Total contract amount $ X'XXX.XX Balance of contract (D-C) iAAMM I certify that the above checks have been submitted to the vendors as notei 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 to and subscribed before me this day of 2009 by - who is personally known to me. Notary Public Notary Stamp CONTRACT SUMMARY Contract # Contract with: Upper Keys Community Pool, Inc. Effective Date:]0V1}1/{8 Expiration Date:9/3[/{9 Contract Purpose/Description: provides funding for pool operation Contract Manager: David P. Owens 4482 OMB/Grants | (Name) (Ext.) (Department) Total Dollar Value ofContract: $180,000.00 Current Year Portion: Budgeted7YepM NuF-1 Account Codes: .147- Gnant:${.{X0 |County Match: $____ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $____/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, Chanc Date In Need' Division Director Yes[]N Risk Manage t YesEl N Comments: OMB Form Revised 9/11/95 MCP #2 THIS ADDENDUM to agreement is made and entered into this 151h day of October, 2008, between Monroe County (hereinafter "County") and Upper Keys Community Pool, Inc., d/b/a Jacobs Aquatic Center of Key Largo (hereinafter UKCP). WHEREAS, on December 14, 2000, the parties entered into a twenty-year lease, commencing on the date of the agreement, of a parcel of land at the Key Largo Community Park; and WHEREAS, said lease obligated UKCP to provide for construction of a swimming pool and related facilities; and WHEREAS, said lease required UKCP, upon obtaining a certificate of occupancy for the pool and related facilities, to continuously maintain the pool and its water quality as well as operate the pool and related facilities in accordance with all laws and regulations applicable to such facilities and operations; and WHEREAS, said lease set forth numerous requirements which included maintenance, repairs, daily hours open to the general public, presence of trained lifeguards, and a percentage of revenues to be set aside for pool operations, upkeep, maintenance and repairs; and WHEREAS, said lease provided that the County may, but is not obligated to, appropriate revenue from any lawfully available source for construction, repair, maintenance and operations; and WHEREAS, County has provided funding for capital costs and utilities via separate contracts dated March 22, 2001, July 17, 2002, February 19, 2003, December 17, 2003, ani March 17, 2004; and WHEREAS, County has provided funding for operations via lease amendments dated April 20, 2005, October 19, 2005, October 18, 2006; and October 17, 2007, and WHEREAS, UKCP has provided and operated the pool, but requires funding for operations; and WHEREAS, County has deemed it in the best interests of the residents and general public to provide additional monies for operations, maintenance and all other obligations imposed upon UKCP by the lease dated December 14, 2000, as amended April 20, 2005, October 19, 2005, October 18, 2006, and October 17, 2007; NOW, THEREFORE, in consideration of the mutual covenants contained herein th parties agree to the amended agreement as follows: I lease dated December 14, 2000, as amended April 20, 2005, October 19, 2005, and October 18, 2006, and October 17, 2007, is hereby amended as follows: A. A new paragraph, Paragraph 15A, shall be added to read: contract - UKCP FY09; page I 15. Commencing October 1, 2008, and ending September 30, 2009, County shall pay UKCP an amount not to exceed $180,0oo.00, payable up to $15,000.00 per month, upon submission to the County Clerk of an invoice with supporting documentation acceptable to the Clerk to document the performance of the agreement and expenses as incurred. Payment shall be made on a reimbursement basis except for those items which UKCP specifically identifies and requests in writing be paid by the Direct Vendor method, 2. The remaining provisions of the lease dated December 14, 2000, as amended April 20, 2005, October 19, 2005, and October 18, 2006, and October 17, 2007, shall remain in full force and effect, IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK M Witness �o ejzffl l L In mx. fflfi I•" - I . ....... -1 -9 - - -" I, - (Federal ID No. M iO�-- GU(J" FIN EY 3 CHRISTINE M, LIKIr -RT,AjA�'7ROWS ASSIS�UAT COUN', YA77 ORNEY contract - UKCP FY09; page 2 EXPENSE REIMBURSEMENT REQUIREMENTS This document isintended to provide basic guidelines to Human Service Organizations,county travelers, and contractual parties who have neirnbursab|eexpenses associated with Monroe County business. These guidelines, as they relate to travel, are from Florida Statute 112.061. Acover letter summarizing the major line items on the reimbursable expense request needs to also contain a notarized 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 bebilled tothe 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 beconsidered a||-indusive. The Clerk's Finance Department reser«e~s the right to review neirnbursernentrequests on an individual basis. Any questions regardinhse guidelines should bedirected Lo 30E-292'3534. g t e Data Processing, PC Time, etc. The vendor invoice isrequired for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the chargingdep�|�nnenL occocneganUcerti�ed. ere Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed If u paynm//Journal is provided, it should include: dates, employee name, salary orhuudyrateneeded. hours worked, wionUcVU|ng information and payroll taxes, check number and check ' Payroll Journal is not provided, the following information must be provided: check �rnount Ifa number, date, payee, support for applicable payroll taxes. amount, check Postage, Overnight Deliveries, Courier, etc. U A log of apostage expenses as rn �yne|�tehmLhe�ountycontrac±/snequiredfornai b For overnight or express deliveries, the vendor invoice must be included. ursern�nt' Rents' Leases, etc. Acopy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. Alog ofcopy expenses asthey relate tothe County contract isrequired for neirnbursennent Th mg must define the date, number of copies made, source document, purpose andrecipient.^ � reasonaNe fee for copy expenses will be allowable.For vendor e�'�cem the ' nc A sarnP|eofthe �nishedproduct are required. services, �«enUOrinvo�ce�nda Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required, Telefa»4Fax, etc. A fax log is required. The log must define the sender, the intended recipient thed dateth nunnUercaUed, and the ne�Son forsending the fax. ' � ' e contract VKCPRY09;page 3 Telephone Expenses telephone number, the date, and the purpose ofthe call. A user log of pertinent information must be remitted including: the party called, the oa||er the 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. Taxi's 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 detailed list of charges is required on the lodging invoice. Balance due 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 shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances, 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 shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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: capita( outlay expenditures (unl es sspeOkca||yinc/uded [nthe controct), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges,pena|ties and fines. cmtect-VKCP F09;page 4 a 0 1 Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 The following is a summary of the expenses for (.Organization name) for the time period of to Check # Payee Reason Amount 101 102 Company A Rent Company B Utilities $ X'XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX XXX.XX 105 Employee B P/R ending 05/28/01 —XXX.XX (A) Total $AA"=X=-A (B) Total prior payments $ X'XXX.XX (C) Total requested and paid (A + B) $ X'XXXm (D) Total contract amount $ X'XXX.XX Balance of contract (D-C) $--X.X�X 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 organizations contract with t Monroe County Board of Coo unty Cmmissioners and •will not •be submitted •for reimbursement to any other funding source. I Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this — day of 2001 by who is personally known to me. Notary Stamp contract - UKCP FY09; page 5 "A person or affiliate who has been placed on the convicted vendor list following a xconviction for pub |i centity, may not submit a bid on a contract with e public entity for the construction or repair ofapublic building or public work, may not submit bids on leases of real property to public entity, not be awarded or perform work as a contractor, supplier, subcontractor' or consultant under acontract with any puN|cenbty' and may not tnalsactb«�iness with any public entity in excess of threshold amount provided in Section 287'0I7' for CATEGORY TWO for a period of 36nonths from the date ofbeing placed on the convicted vendor list." 41CILM-41A Will 74/7 This Agreement is made and entered into on this the /Z/ Of 2)eCeM& 2000, by MONROE COUNTY, a political subdivision of the State of Florida, whose address is 5100 College Road, Stock Island, Key West, FL 33040, hereafter County, and the UPPER KEYS COMMUNITY POOL, INC., a not -for -profit corporation, whose address is 89 North Bay Harbor Drive, Key Largo, FL 33037, hereafter UKCP. WHEREAS, UKCP has received a generous donation for the construction and operation of a community swimming pool and related facilities at the Key Largo Community Park, hereafter KLCP; and WHEREAS, the County is desirous of leasing a portion of the KLCP for use as a community swimming pool and related facilities; now, therefore IN CONSIDERATION of the following mutual promises and covenants, the parties agree as follows: 1. The County hereby leases to UKCP a parcel of land located at KLCP depicted on Exhibit A (hereafter, the premises). Exhibit A is attached to, and incorporated in, this lease. The rental payment is $10.00 per year due on the anniversary date of this lease. 2. The term of this lease is 20 years commencing on the date first written above. Upon the termination of this lease, either pursuant to this paragraph or as provi::3:d t@! use ern r- C" A this lease, UKCP must peacefully surrender and abandon the premises to the Co 3. a) Within 36 months from the date first written above, UKCP rrKa�tause tAe --Z) constructed upon the premises the Swimming pool and related facilities as gen45l1,ide;Ztte0-n X. Exhibit B. UKCP May utilize the services of such architects, engineers, contractors M Cil and-TUpp5ers whom UKCP determines to be most suitable. The final location and design of the Swimming pool and related facilities are subject to the approval of the County Engineer, but such approval is not intended to waive the responsibility and duty of the architect(s) and engineer(s) employed by UKCP to furnish a professionally engineered and designed high quality work product. b) During the process of construction of the swimming pool and related facilities, and thereafter, UKCP must not allow, suffer or permit any lien or encumbrance, however denominated, to be filed against the premises or any part or portion of the swimming Pool or related facilities. If such a lien or encumbrance is filed, then UKCP shall immediately cause the cancellation and removal of such lien or encumbrance. Further, during the process of constructing the swimming pool and related facilities and until (a) the certificate of occupancy is issued, (b) requests for final payment have been received from all contractors in privity with UKCP showing that all their subcontractors and materialmen have been paid, and (c) a certificate of satisfaction and final payment has been received from each contractor in privity with UKCP, UKCP must keep in full force and effect construction and performance bonds in the amount of the final construction price. c) When a certificate of occupancy is issued for the swimming pool and related facilities, then title to, and ownership of, those improvements automatically vests in the County. 4. Notwithstanding subparagraph 3(c), once a certificate of occupancy has been issued for the swimming pool and related facilities, UKCP must thereafter continuously maintain the pool, and its water quality, in accordance with all applicable state laws and administrative regulations. The UKCP must also operate the pool and related facilities in accordance with all applicable state laws and administrative regulations. All permits (state or local government) necessary for the operation of the pool shall be applied for by, and shall be in the name of, UKCP. If a fine or penalty is imposed by any state or local government agency having jurisdiction over public swimming pools due to the failure of UKCP to keep and maintain the pool in conformity with state law or administrative rules, then UKCP shall be solely responsible for the payment of that fine or penalty. UKCP shall also be responsible for all other upkeep, maintenance and repairs of the premises, the pool and the pool -related facilities, including but not limited to, structural and mechanical repairs. 5. a) Once the swimming pool and related facilities are complete and a certificate of occupancy issued, then UKCP must keep open the pool and facilities daily for use by the general public with trained life guard(s) on duty at all times that the pool is open. UKCP may also 9 conduct, instructional and recreational programs, but when such programs are not being conducted, the pool and facilities must be open to the general Public. UKCP is authorized to charge admission fees to members of the general Public desiring to use the pool and facilities and to charge fees for all instructional or recreational programs; provided, however, that fees be charged For admittance or for any instructional or recreational program, Must not be differentiated based on any of the criteria set forth in (b)(1) below, nor on membership in any organization. b) In making the swimming pool and related facilities available to the general public and for instructional and recreational programs, UKCP must: 1) Not cause, suffer or permit any individual to be discriminated against on the basis of race, religion, national origin, gender, or sexual orientation; 2) Not cause, , suffer or permit any individual to be discriminated against in violation of the Americans With Disabilities Act (42 USCA 12101, et seq.). c) All revenues generated at premises, less a reasonable reserve for administrative overhead (not to exceed 5% of gross revenues), must be deposited by UKCP in a separate dedicated Pool account for the operation, upkeep, maintenance and repairs of the premises, swimming Pool and related facilities. d) All UKCP financial records pertaining to the premises, the Swimming Pool and related facilities must be kept according to generally accepted accounting principles and made available to auditors employed by the County or the state during regular business hours (Monday through Friday, 8:30 AM to 5 PM, holidays excepted). UKCP also acknowledges that all records pertaining to the premises, Swimming Pool and related facilities are public records under Chapter 119, E—.S., and must be made available for examination and copying by any member of the public who so requests, in accordance with the provisions of Chapter 119, F.S. e) The Board Of County Commissioners (BOCC) may, but is not obligated to, appropriate revenue from any lawfully available source for the construction, upkeep, maintenance, repair or operation of the swimming pool and related facilities, when so requested by UKCP. W UKCP acknowledges that the premises were purchased with funds received • Florida Communities Trust (FCT). As a result, use of the Premises is subject to the provisions of the restrictive covenants attached as Exhibit C. Exhibit C is attached to, and incorporated into, this lease. Should the FCT determine that any portion of the lease is in conflict with any term or condition of Exhibit C, or is in conflict with any relevant provision of federal or state law or administrative rule, then that determination will supersede any contrary provision of this lease to the extent of the conflict. 7. a) Before opening the swimming pool and related facilities to the public, UKCP must obtain the insurance as set forth in Exhibit D. Exhibit D is attached and made a part of this lease. b) UKCP must keep in full force and effect the insurance described in Exhibit D during the term of this lease. If the insurance policies originally purchased which meet the requirements of Exhibit D are canceled, terminated or reduced in coverage, then UKCP must immediately substitute complying policies so that no gap in coverage occurs. c) The insurance required of UKCP in this paragraph is for the protection of the County, its property and employees, and the general public, The insurance requirement is not, however, for the protection of any specific member of the general public who might be injured because of an act or omission of UKCP, its employees, agents or contractors. The insurance requirements of this paragraph are not intended to make any specific injured member of the general public a third party beneficiary under this lease. No failure by the County to enforce this paragraph shall constitute a breach of any duty or obligation owed to any specific member of the general public, nor shall it subject the County to liability to a specific member of the general 8. UKCP is liable for and Must fully defend, release, discharge, indemnify and hold harmless the County, the members of the County Commission, County officers and employees, and County agents and contractors, from and against any and all claims, demands, causes of action, losses, costs and expenses of whatever type including without limitation investigation and witness costs and attorneys' fees and costs, that arise out of or are attributable to UKCP's actions FA' I and operation undertaken pursuant to this lease; excluding, however, any claims, demands, damages, liabilities, actions, causes of action, losses, costs and expenses that are solely the result of negligence of the County. UKCP's purchase of the insurance required in paragraph 7 and Exhibit D does not release or vitiate its obligations under this paragraph. 9. a) Subject to subparagraph 9(b), UKCP may contractually provide for the performance of specific duties and obligations under this lease by persons who, in UKCPs judgment, are professionally qualified to perform such duties or obligations. No such contract will operate to waive or relieve UKCP from those duties and obligations, nor shall any consequent liability for the failure to perform any of those duties and obligations be deemed waived, absent a written waiver approved by the BOCC. b) UKCP may subcontract with a not -for -profit entity for the operation of the swimming Pool and related facilities. Any such contract is subject to the approval of the BOCC and the FCT, which may impose such conditions as it or they deem necessary to serve the public or to protect the rights of FCT bondholders. At a minimum the contract must contain provisions similar to the ones in this lease regarding: 1. restrictions on the use of revenue generated at the premises; 2. the prohibition of differential fees based on membership; 3. presence of lifeguards; 4. nondiscrimination; S. assurances that the pool and facilities will be kept open and available to the general public when not in use by instructional or recreational programs; 6. audits and record keeping; 7. insurance. Any operational contract entered into by UKCP will not operate to waive or relieve UKCP from its duties and obligations, nor from any consequent liability for failure to perform operational duties satisfactorily, absent a written waiver approved by UKCP and the BOCC. 10. a) The County may terminate this lease for cause if UKCP fails to comply with its obligations under this lease. Before the County may terminate this lease, it must give UKCP written notice of the default stating that, if the default is not cured within 15 days from the date of the notice, then the County will terminate this lease. Termination under this subparagraph R does not relieve UKCP from whatever damages the County may have suffered because of UKCP's default. b) The County may terminate this lease without cause if, after the date first written above, the BOCC determines that the economics of the construction of the pool and related facilities, or the on -going operation and maintenance, would require an annual expenditure of tax revenue or an annual expenditure of tax revenue in an amount the BOCC determines is imprudent. If this lease is terminated under this subparagraph, then neither party will have further obligation, duty or liability with respect to the otheR 0 Notwithstanding anything to the contrary in subparagraph 10(a), the County Administrator may order the swimming pool and related facilities closed immediately if he determines that a condition has arisen, whether caused by UKCP's failure to perform or by an external event beyond UKCP's control, that threatens the health or safety of the public. The County Administrator may order the swimming pool and related facilities closed until such time as 11. This lease is governed by the laws of the State of Florida. Venue for any litigation arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to recover its reasonable fair market value attorney fees and costs. (2. This lease has been carefully reviewed by UKCP and the County after input from r#oth parties. Therefore, this Agreement is not to be construed against any party on the basis of WIREM, 13. Notices as provided for in this Agreement, unless otherwise specified, must be sent 0 - 11 -0 H. . a a Tim Bricker 14. This lease is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This lease cannot be modified or replaced except by another written and signed agreement. IN WITNESS WHEREOF, each party has caused this AareeuTxvt-t—�r UePUtY Clerk {SEAL) Al IM, 19, VOIN BOARD OF COUNTY COMMISSIONERS OF ONROE COUNTY, FLORIDA a Chairman FA I Upper Keys Community Pool, Inc. a non-ro/;;t 5C i (U'j3 corportatioll 89 N. Bay Harbor Dr. Key Largo, FL 33037 Phone: 305 852-9259 Fax: 305 852-6164 1999-2000 BOARD—OX-DME-C-MRS Tim Bricker 852-9259(h) 852-4844(w) Jim Boilini 451-2660(h) &=talT Corky Wagner 852-5021(h) 853-0616(w) liems= Marshall Walker 453-9683(h) Ddre-� Duncan Mathewson II Sissy Gosko 453-3833(h) 3 67-4211 (h) Janice Jeffers Phyllis Bailin 453-9105(h) 451-5751(h) Michelle Wieland Kathleen O'Connor 453-0887(h) 451-0953(h) ------ -------- Pill 1 7 A 41 ni L A G u N A A V if March 24, 2000 Mr. Timothy J. Bricker President ?.• ooi, Inc, 89 North Bay •• Drive Key Largo, FL 33037 Due to my keen interest in the children's activities of Key Largo, I am prepared to give $3,000,000 to the Upper Keys Community Pool, Inc., with the understanding that this money will be used prudently for the building of a swimming pool and activities center and will be managed by the YMCA. The money will be available upon request. Sincerely yours, Barbara M. Jacobs 9M Reply to: 91760 Overseas Highway Rost Office Box 600 Tavernier Fl, 33070 1305) 853-1947 525 Angela Street Key West City Hall Key West, FL 33040 (305) 293-1658 1 102 The Capitol 402 South Monroe Tallahassee, FL 32399.1300 1850) 488-9965 e-mail sorensen ken@leg state fl,us Committees' 4 kEducation/ K - 12 Education Appropriations � 0 Children & Families (Vice Chair) Cot-in-inity AffairsiMoitari, & %Ieletars A(falrs Business Peguiations & Consumer Affa!is Select C011111litlee on MdOmy Affair,, Florida House of Representatives Ken Sorensen, Ph.D. State Representative, District 120 Steven M. Seibert, Secretary Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Dear Secre�ta�re�i:� I cannot tell you how wonderful the future "Jacobs Aquatic Center of Key Largo" wl 11 be and the very positive effect it will have on our community. Through your efforts and the FCT, this has been made possible, and I thank you. I wholeheartedly endorse the entire project and I am amazed at what technology can do to make an aquatic center like this a model for the rest of the State of Florida. This is a very well thought out and researched project. The second floor area for additional education, the available technology for potable water, the "environmentally friendly" affluent water and other energy saving items are very desirable. I applaud their efforts and have pledged my total support to their tireless work. Thank you again for your help, and I took forward to seeing you in Tallahassee very soon, WIMN Fen Sorensen, State Representative, District 120 KSilmt Kolha:e 305 235 3615 P-1 7 ---1999 A RESOLUTION SUPPORTING THE EFFORTS OF UPPER KEYS COMMUNITY POOL INC- TO SEEK CAPITAL IMPROVEMENT FUNDS FROM THE STATE OF WHEREAS, Monroe County is an aquatic community, whose culture and heritage are inextricably entwined with the marine environment surrounding its citizens, and WHEREAS. the marine resaurce3 are utilizod by' a significant Segment of tb#,� cjtjZpng of ronroe County for commercial and WHEREAS. the use of marine resources for commercial and recreational uses carries with it certain inherent risks associated with the ability or inability to safety interact with the water: and WHEREAS. swimming instruction and scuba training are Proven methods for increasing Fhe a bility 0 f people to so fely in I eract wff h I WHEREAS, a swimming facy would Provide an area for open recreation and sociai interaction for children, teeng t WHEREAS, public facilities oncl programs for the od_ i quote SMrnrning and scuba training of Monroe County citizens of all ages, are not available to those citizens outside of WHEREAS, the Upper Keys COMMunity Pool, inc., is a non-profit, 501 (c)3 corporation formed to be an advocate for the Creation Of 0 publicly -owned swimming facility in the UPPer Keys and to explore sources for funding the construction and operation of such a facility, and V.IJ - -h15,1103 3018NOW .L3 -813 30V1410)l '7 �& UJ:48P Danny L. Kolhace 305 295 3615 P-2 WHEREAS, the Monroo County Board of County Commissioners has pr4p viotzsly endorsed the efforts of the Upper Keys Community Pool, Inc. to determine the feasibility for the development and maintenance of a Publicly -owned swimming facility: and WHEREAS, the need for Publicly -owned community swimming facilities in the Upper, Middle and Lower Keys (outside at Key West) continues lu be evident and obvious, and that the successful effort to build a Community pool in the Upper Keys may create a "blueprint" for the creation of similar facilities elsewhere in the County: now. therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTI i9tglion 1. The Board Supports and er"COW09PS the efforts of the UPPer Keys Community Pool, Inc. to work with the 1999-2000 Florida State Legislature to secure capital improvement funds for the purpose of constructing a publicly -owned swimming facility in the tS_9s;jon 2. The County Administrator 3holl Provide approprioto coordination with I A a PASSED AND ADOKED by the Board of County Commissioners of Monroe County, Florida, at a regular rneeting of said Board held on the 12 day of August, 1999. Mayor Wilhelmino Harvey o missionerShirle)(Freemon "T UM4 i♦ner Mary Kay Reich ioner Nora Williams Attest: DANNY L.KQLHAGE, Clerk ....... RUE COUNTY ATTV OFFICg jO.3*%2U235j6 2BAa :# -2 9Z -0-mmumm SMMMINC. PWL LCAU AGREEMEN 79Z - This Agreement is made and entered Into On this the - Of 2000, by MONROE COUNTY, a political subdivision OF the State of Florida, whose address is 5100 College Road, Stock Island, Key West, FL 33040, hereafter County, and the UPPER KEYS COMMUNITY POOL, INC., a not-for-prDfit corporation, whose address is __, hereafter UKCP. WHEREAS, UKCP has recaivtd a generous donation for the constructJon and Operation of a community swimming Pool and related facilities at the Key Largo Community Park, hereafter KLCP; and WHEREAS, the County Is desirous of leasing a portion of the KLCP for use as a community swimming pool and related fadlitiva; now, therefore IN CONSIDERAT70N of the following mutual promises and covenants, the Parties agree as follows; 1. The County hereby leases to UKCP a parcel of land located at KLCP depicted on Exhibit A (hereafter, the premises). Exhibit A is attached to, and Incorporated In, this lease— The rental payment is $jo.00 Per year due On the anniversary date of this lease. 2. The term Or this lease Is — years commencing on the date First written above. Upon the termination of this lease, either Pursuant to this Paragraph or as provided elsewhere in this lease, UKCP must Peacefully surrender and abandon the premises to the County. 3. a) Within _ months from the date first written above, UKCP must cause to be constructed upon the Premises the swimming pool and related facilities as generally depicted on Exhibit 8. Exhibit 8 is attached to this lease and made a part or it UKCP may utilize the services of such architects, engineers, contractors and suppliers whom UKCP determines to be most suitable, The final location and design of the swimming pool and related facilities are SubJeCt to the aPPrOvW Of the County Engineer, " such approval Is not intended to waive the 00 II -40 FRnM,MOHOOV COUM'ry ATTV OPPIC9 10,3012023619 r'RCS J/H responsibility and duty of the architact(s) and erlglneer(s) employed by UKCP to furnish a professionally engineered and designed high quality work product. b) During the process of construction of the swimming pool and related facilities, and thereafter, UKCP must not allow, surfer or permit any lien or encumbrance, however denominated, to be filed against the premises or any part or portion of the swimming pool or related facilities. If such a lien or encumbrance IS filed, then UKCP shall immediately cause the cancellation and removal of such lien or encumbrance. Further, during the process of constructing the swimming pool and related tacilldes and until (a) the certificate of occupancy is issued, (b) requests for final payment have been received from all contractors In Privity with UKCP showing that all their subcontractors and matertalmen have been paid, and (c) a certificate Of satisfaction and final payment has been received from each contractor in privity with UKCP, UKCP must keep in full force and effect construction and performance bonds In the amount of the final construction price, c) When a certificate of occupancy is Issued for the swimming pool and related facilities, then dde tO, and ownership of, those improvements automatically vests In the County, 4. Notwithstanding subparagraph 3(t), once a certificate of occupancy has been issued for the swimming pool and related fadiides, UKCP must thereafter continuously maintain the pool, and Its water quality, in accordance with all applicable state laws and administrative ( regulations. The UKCP must also Operate the pool and related facilities in accordance with all applicable state laws and admtnistrativfl rc+guladoffs qti permits (state or local government) necessary for the Operation of the pool shall be applied for by, and shaft be in the name of, UKCP. If a fine or penalty is imposed by any state or local government agency having Jurisdiction over Public swimming pools due to the failure of UKCP to keep and maintain the pool in Conformity with state law Or administrative rules, then UKCP shall be solely responsible for the payment of that fine or penalty. UKCP shalt also be responsible for all other upkeep, maintenance and repairs of the premises, the 0001 and the pool -related facilities, including but not limited to, structural and mechanlcai repairs. iq /y—" I I ' 40 —0" 1 HO"irOE COO"— iNTTY OFc I -1 Once the swimming pool and related f"WIlies are complete and a certificate or tP Occupancy issued, then UKCP must keep OW the pool and facilities daily for use by the general public with trained '1: guards) n duty at all times that the pool is open. UKCP may also conduct, instructional eational programs, but when such programs are not being conducted, the pool and facilities must be open to the general PUNIC. UKCP is autbanzed to charge admission fees to members of the general public desiring to use the pool and facilities and to charge fees for all instructional of recreational programs; provided, however, that fees be charged for admittance or for any instructional or rectrational program, must not be differentiated based on any of the criteria Set forth in (b)(1) below, nor on membership in any organization, b) In making the Swimming pool and related facilities avallable to the general public and for Instructional and recreational programs, UKCP must! 1) Not cause, suffer or permit any Individual to be discriminated against on the basis of race, religion, national origin, gender, or sexual orientation; 2) Not cause, , suffer or permit any Individual to be discriminated against In violation of the Americans With Disabilities Act (42 USCA 12101, et seq.). c) AN revenues generated at premises, less a reasonable reserve for administrative Overhead (not LO exceed 5% of QrOSS revenues), most be deposited by UKCP in a separate dedlineW pool account for "�operaff upkeep, maintenance and repairs of the premises, swimming pool and related facUItk-- d) Alt UKCP financial records pertaining to the premises, the swimming pool and related radlibes must be kept acicarding to generally aocilipted accounting principles and made available to auditors employed by the County or the State during regular business hours (Monday through Friday, 8:30 AM to 5 PM, holidays excepted), UKCP also acknowledges that ALI records pertaining to the premises, swimming POW and related facilities are public records under Chapter 119, E.1, and must be made available for examination and copying by any member of the public who so requests, In accordance with the provisions of Chapter Jig, f'SA The Board of County Commissioners (SOCC) may, but Is not obligated to, appropriate revenue from any lawfully available source for the construction, upkeep, 3 maintenance, repair Or Operation of the swimming pool and related facilities, when so requested by UKCP. 6. UKCP acknowledges that the premises were purchased with funds received from the Florida Communities Trust (FCT), As a result, use or the premises is subject to the provisions of the restrictive covenants attached as Exhibit C. Exhibit C is attached to, and incorporated Into, this lease. Should the FCr determine that any portion of the lease is in conflict with any term or condition or Exhibit C, or Is In conflict with any relevant provision of federal or state law or administrative rule, then that determination will supersede any contrary provision of this lease to the extent of the conflict. 7. a) Before Opening the swimming pool and related facilities to the public, UKCP must obtain the insurance as set forth In Exhibit D. Exhibit D Is attached and made a Part or this lease. b) UKCP must keep in full forte and effect the Insurance described In Exhibit D during the term Of this lease. If the insurance Policies originally purchased which meet the requirements or Exhibit 0 are canceled, terminated or reduced in coverage, then UKCP must immediately substitute complying policies so that no gap In coverage occurs. C) The Insurance required of UKCP In this paragraph is for the protection of the County, its property and employees, and the general public. The insurance requirement IS not, however, for the protection Of any specific member of the general Public who might be injured because of an act or oinisston of UKCP, its employ"s, agen;ts or contractors. The insurance requirements of this Paragraph are not intended to make any specific injured member of the general Public a third party beneficiary under this lease. No failure by the County to enforce this Paragraph small constitute a breach of any duty or obligation owed to any specific member of the general public, nor shall it subject the County to liability to a specific me-mbeir of the general public or hir,(h#r dependents, estate or heirs. a. UKCP Is liable for and must fully defend, refe8N, discharge, Indemnify and hold harmless the County, the membaim of the County Comm sion, County off and employee I, and County agents and contractors, from and against any and all claims, demands, causes of action, losses, costs and &Oefr-es of whatever type Including without imitation Investigation and 4 "."ROE COUNTY ATTY opriCE 4007 PACIE ';'o witness costs and attorneys, fees and costs, that arise out of or are attributable to UKCP',- actions And Operation undertaken Pursuant to this lea, damages, liabilities, actions, causes of actk �e; excluding, however, any claims, demands, In , losses, Costs and expenses that are solely , die result Of negligence of the County. UKCPs purchase of the Insurance required in Paragraph 7 and Exhibit D does not release Or VlWte Its obligations under this paragraph. 9- a) Subject to subparagraph 9(b), UKCP may Contractually Provide for the Performance Of specific duties and obligations under this lease by persons who, in UKCP's Judgment, are Professionally qualified to Perform such duties Or obligations. No such rOntract will operate to waive or relieve UKCP from those duties and obligations, nor shall any consequent liability for the failure to Perform any of those duties and Obligations be deemed waived, absent a written waiver approved by the SOCC. b) UKCP may subcontract with a not -for -Profit entity for the operation of the swimming pool and related facilities. Any such contract is subject to the approval of the BOCC and the FC% which may Impose such Conditions as it or they deem necessary to serve the public Or to Protect the rights of FCT bondholders. At a minimum the contract must contain provisions -similar to the ones in this lease regarding: 1• restrictions an the use of revenue generated at the Premises. 2. the prohibition of differential fees based on membership, 3. Presence of Iffequarft: 4. nondiscritininetliani, S. Assurances ththe e POO1 and facilities will be kept open and available to the MeM PUW When not in 6. audits and record keeping; Use by instructional Or recreational programs; 7. Insurance. 4 Any operedonal contract entered Into by UKCP wtil not operate to waive or relieve UKCP from its duties and obligations, nor from any CO'hWullint liability for failure to perform operat anal duties satisfactorgy, Absent a written Waiver approved by UKCP and the aOCC 10. a) The County MAY terminate this lease for Cause if UKCP falls to Comply with Its Ob(igzdOns under this lea"E . klfbrl the County May terminate this lease, it must give UKCP default stating that, If the default is not cured within IS days f Me date ! written notice Of t-I-- Of the notice, then the County wtU terftnate this lease MM Termination under this subparagraph 5 COUNTY ATTY OFFICE 10,3"621321619 PAGE I's does not rb4ieve UKCP from whatever damages the County may have suffered because at UKCP's default. b) The County may terminate this least without cause it, after the date first written above, the MXC determines that the economics of the Construction of the pool and related facilities, or the on -going operation and maintenance, would require an annual expenditure of tax revenue or an annual expenditure of tax revenue in an amount the SOCC determines is imprudent. It this lease Is terminated under this subparagraph, then neither party will have further obfigation, duty or liability with respect to the other. Q Notwithstanding anything to the contrary in subparagraph 10(a), the County Administrator may order the swimming pool and related facilities dosed immediately If he determines that a condition has arises, whether Caused by UKCPs failure to perform or by an external event beyond UKCPs control, that threatens the health or safety of the public. the County Administrator may order the swimming pool and related facilities dosed until such time as the condition Is corrected. 11. This lease is governed by the laws of die State of Florida. Venue for any litigation .rising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the PrLIvilliging Party is entitled to recover Its reasonable fair market value attorney fees and Costs. 12. This least has been Carefully reviewed by UKCP and the County after input from both Parties. Therefore, this Acreernairit is not to be construed against any party on the basis of authorship. 13. Notices as provided for in this Agreemartt, unless otherwise specified, Must be sent by Certified "N as follows: Tt7 t't1tUflTiIDAIKCP County Administrator Public Service Building 5100 College P48d Key West,, FIL 33040 // 1r4' lt� C"'J� 11*50 F- 305a328848 — 41— FROM-MONROr COUNTY ATTY OFFICE 1013OG2923616 PACE 0/8 14. This lease Is the parties` Anal mutual understanding. It mpla0as any earlier agreements or understandinoS, whether written or oral. This luase cannot tee modirlad or rePIACI-kd except by another written and signed agreement. IN WITNESS WHEREOF, Each party has caused this Agreement to be executed by its duty authorized representative. (SEAL) ATTEST: DANNY L KOLHAGE, CLERK By_ Deputy Clerk (SEAL) ATTEST: By Title ldfcn VKCP 7 BOARD OF COUNTY COMMISSICNFAS Of MONROE COUNTY, FLOR1DA By Mayor/cmirman UPPER KEYS COMMUNITY POOL, INC. By rite STATE OF FLORIDA, COUNTY OF ss. MONROE 1 8ERE13Y CERTIFY that the foregoing ng copy is a true COPY of and Excer Board Of Coon pt from the ty Commissioners Minutes enacted by the Board of County Commissioners of Monroe COuntY, Florida at a meeting Of said Board duly held on the 1-14- 0, day of A-D, 2o 00 filed in my OWICe. Witness my hand and official sea, this n-j clay of Ocio��-C- 2000, A.D. Danny L. Kofhage Clerk of the Circuit cout and ex offlc'O Clerk to the Board of County 13y: Dep utY Clerk E30CC ?vlilutcg CcrtirVition 2000/146 ;J111 WIN U, -.1401-NOT—ARA M. mummm M. W Commissioner Harvey discussed her item with the Board concerning the issue t1lat 5,500 to 6,000 clients are going to lose health insurance or allegedly face rate hikes from S542 per person per month to S1,200 per person per month if Beacon Company pulls out. Clients and residents urgently request help of Monroe County Commissioners, Meeting is set for Thursday, May 18, 2000 at 7.30 P.M. at the Harvey Government Center, Key West, FL, That meeting is being called by the Task Force and alarmed citizens. Commissioner 14arvoy requested that the Board attend. The Board was also informed that on Friday, May 19, 2000 at 10:00 A.M. there would be a meeting in Marathon concerning the same issue to be held at the Area Health Education Center (AHEC) office located at Town Square Center beginning at 101-00 A.M, COUNTY ADMINISTRATOR Mr. Roberts discussed the recent decision by Beacon Insurance and 'Its impact on the employees Of the Tourist Development Council. After discussion, motion was made by Mayor Freeman and seconded by Commissioner Neugent granting conceptual approvil for the County Administrator to begin the process of including employees of the Tourist Development Council with the County's Health Insurance Program. Motion carried unanimously, Mr. Roberts informed the Board that copies of the Co dboughoounty's Annual Report were being istriuted thrut the Cunty, MONROE COUNTY SJ4ER1FF DEPARTMENT Sheriff Richard D. Roth discussed with the Board a request for the Board of County Commissioner's assistance in funding a junk car Patterson removal program at $150 per car cost. Barry addressed the Board. Motion was made by Co ommissioner Harvey and seconded by Commissiner Neugent granting approval of the item, including boat trailers as well, Motin carried unanimously, o COUNTY ADMINISTRATOR Mr. Roberts addressed the Board. After discussion, motion was made by Commissiollel- Neugent and seconded by Commissioner Williams granting approval and authorizing execution of a Wastewater Consulting Agreement between Monroe County and Commonwealth Consulting Annual Operational Costs Lsfirnated UPPER COMMUNITY r OOL 4 . j Total Operational $ r r 0 Estimated Annual Membership & Program Revenue rr 0 'd Annual BudgetShortfall ,i r rrr to be raised through on -going grant requests and special program funding _ TDC-DAC V, SchoolBoard, localfund-raising and g El UPPER KEY COMMUNITY POOL, INC. ESTIMATED OPERATIONAL COSTS (12 MOS.) 1. AQUATIC PROGRAM PERSONNEL Administrative Director (1/2 time) Secretary / Program Scheduler (part-time) Program Manager Life Guards/Water Safety Instructors @$7/hr (varying numbers depending upon usage) $17,500/yr x 4 Pool Maintaince Staff @ 8.50/hr x 500 hrs. Volunteer Office & Community Program Assistance & uSchool-to-Career" High School Interns H ANNUAL WAGES & SALARIES (EXCL. TAXES & BENEFMS) off # 0 Sub -Total $122,250 MAJNTENANCE MONTHLY ANNUAL Chemicals - Chlorine Liquid & CO2 $1,190 $14,280 Pulsar & Acid $1,495 $17,940 Heating 2 LP Gas @ $1.00/gal $4,109 $49,308 Electric Heat Pump @ 8.5 cents /KW $1,418 $17,016 (Without Pool Cover) Electricity - Pumps & Equipment $2,000 $24,000 Water - 700,000 gals (est.) $1,000 $12,000 Sub -Total $11,212 $134,644 Solar heating optional figures are not available yet. $1,000,000 libility coverage $15,000 for all swimming, spring board & SCUBA diving water activities. $100,000 normal accident coverage $5,000 Sub -Total $20,004 ON These are estimated pre mulms only based on preliminary discussions with PatriJ, O'Connor, Executive Vice -President City Securities Corp. Insurance Division, ck Indianapolis, IN. More precise figures will be obtained particularly relating to normal county coverage for the overall public use of the Pool and overlapping insurance coverage with dive shop SCUBA instuction. Overhead Expenses Including but not limited to: rent, telephone, electricity, $50,00o repayment & interest of bank loan & other financial obligations. Sub -Total $50,000 Total Annual Operating Costs $326,794 1PPER KEYS COMMUNITY POOL, INC. PROJECTED MEMBERSHIP REVENUE W Annual Family %Qmbershli2s From over 6,673 family households, 500 families with $250 annual memberships @ c$20/month 2. Annual Resident Adult Individual An estimated 100 adults @ $200/yr. An estimated 3,000 annual day visits @ $5/person 3. 1 outh An estimated 100 youths @ $150/yr. An estimated 2,000 annual day visits @ $3/person 4. Individual Rinident Sqnjor Citizeng, An estimated 100 senior memberships @ $125/yr An estimated 500 annual day visits @ $4/person 5. TQurlst and_QWt70f-CQUnj)Ljndjv1dUaj$ An estimated 1000 annual day visits @ $7,50/person 6. QLY-I.r� Annual rnembershops @$50/shop for 20 shops & $5/trainee for estimated 1,000 SCUBA students annually 7. -Qorporate Groups An estimated annual membership for 5 Small companies (<5) @ $400, 5 medium companies (6-20) @ $750; and 5 large companies @ $1000 (>20). iii LEM WM $10,750 Estimated Annual Membership Revenue $196,250 This projected revenue flow does not include program fees which are expected to generate $50,000-$75,000 during the first year. <f CONTRACT SUMMARY Contract # Contract with: YMCA of Greater Miami, Effective Date: 10/01/08 Inc. Expiration Date:19/30/09 Contract Purpose/Description: Provides funding for youth programs, such as after-schoot care, summer camp, sports and tennis at Key Largo Community Park Contract Manager: David P. Owens (Name) 4482 OMB/Grants (Ext.) (Department) Total Dollar Value of Contract: $11,400.00 Current Year Portion: $11,400.00 Budgeted? Yes® No F-1 Account Codes: 001-01517-530340- Grant: $0.00 County Match: $_ ADDITIONAL COSTS Estimated Ongoing Costs: $Jyr For: - (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, I etc.) Changes Z Date Out Division Director Date In Needed YesR NoEl Keviez'/ -77 Risk Management YesD No IN 621 "Io O.M.B./Pure asMg C"' YesEl Now County Attorney RACY YesF-1 No[Z I i fl-i-I 0 a-- & q41 P0 -YC • This Agreement is made and entered into this 15tn day of October, 2008, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and YMCA OF GREATER MIAMI, INC., hereinafter referred to as "Provider." WHEREAS, the Provider is a not -for -profit corporation that provides youth programs, and WHEREAS, it is a legitimate public purpose to provide youth programs, such as after - school care, summer camp, sports and tennis at the Key Largo Community Park, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: I. AMOUNT OF AGREEMENT. The Board, in considerationof •rs r substantially • • performing • • r the wholesome devel opme of youths' r •emotional• • • •-County, therr i i the sum of ELEVEN THOUSAND, FOUR HUNDRED, AND NO/100 DOLLAR ,� •a •($11,400.00) for fiscal year 2008-2009. 2. TERM. This Agreement shall commence on October 1, 2008, and terminate September 30, 2009, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made 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. An example of a reimbursement request cover letter is included as Attachment B. The organizations final invoice must be received within sixty days after the termination date of this contract shown in Article 2 above. 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 shown in Article 1, above, during the term of this agreement. 4. 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. S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. 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. Contract - YMCA Upper Keys FY09; page 1 RECORDKEEPING 7. RECORDS. PROVIDER shall maintain all books, records, and documents directly yperbne.. to performance under this Agreement in accordance with generally accepted accountingphndp|=s consistently applied. Each party to this Agreement or their authorized representatives public records purposes during the tern of the Agreement and for four years hz||o«in� Lfosha// have reasonable and timely access to such records of each other party to this Agneenentr termination of this Agreenent, h� npoyeby the County or Clerk determines thatnonies Paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized bythis Agreement, the PROVIDER shall repay the monies together with interest calculated pursuantto Sec' 55'03' FS, running from the date the monies were paid tnPROVIDER. to dS. P����LIx�^4����E����. The County and PROVIDER shall allow and pernn|treasonab| e�cces� it, aninspection o[ a|| documents, papers, letters or other materials |n its possession u cmn{ ro| ou�q�ct to the provisions of Chapter 119 FloridaStatutesand d or under County and PROVIDER in conjunction with this /\ ' ' rna eorne[�i«ed by the unilaterally cancel this Agreement upon violation of �nd the County shall have the right to or[A/s provision by PROVIDER. COUNTY:9, COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish tothe (a)evidence ofthe organ/zatinn's 501(c)(3> status' (b) a list of or��ni�adon's Board V` ^� ' ' ` ' r Directors of which there must be fi (c) evidence of annual election of Officers and Directors' «8 or more;(d)anannua|audiLedMnanda(neport; ' (e)a copy the organizat/un's C 'ission bo�rd�n� rnennb�rshi orp»rate Bylaws, which must address the organ|zat/on's ... , p composition, election of officers, and so (f) a copy of the organizat/Vn's Corporate Policies and Procedures' M on; hiring policies alcohol for a|| staff, drug and �|�o / free workplace anu�/ which must inincludeoPPo'tunityprov/s|ons,andsoon| Pace provisions, equal employment (g)cooperation with County monitoring visits; (h)senli-annma| performance reports. These reports should include performanceomeasurementswhich will demonstrate the level ofaccomplishment o[goa/s forwh�ch fu d| has been provided. n ng ([other reasonable reports and information related to compliance with applicable [a contract provisions and the scope of services that the County may fromtime to Un} ws/ enequest. RESPONSIBILITIES 10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board tosubstantially and satisfactorily pe�orrn and provide ih |n Attachrne»L(�io residents ofMonroe County, Florida, e services outlined 11. ATTORM0EY'S FEES AND COSTS. The County and PROVIDER agree that in the event any cas e o/ action or administrative proceeding is initiated or defended b the enforcement or interpretation of th/s Agreement, the prevailing p�yanyncy sna|partyrelative ho reasonable attnrney'5 fees, court costs, investigative, and Out-of-pocket expenses, as an award | be entitled to ` against the non -prevailing |ng party, and shall include ` rney'� fe�`s courts Out-of-pocket expenses in appellate proceedings. ~�a�i ' �oe[a'|n«�stiget�«e'and ' Pursuant to this Agreernentshall be in accordance on proceedings initiated and conducted ance with the Florida Rules of Civil Procedure and usual and customary procedures required byth e u'cu/tcouoorMonroe County. 12. BINDING EFFECT. The terms, covenants, conditions AAgreement sh�|| binU and inure to the benefit ` of the Countand pROV1'Dand Provisions of this legal representatives, successors, and assigns. y �R and their respective Contract YMCA Upper Keys FY09page 2 13. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public Position, conflicting employment or contractual relationship; and disclosure or use of certain information, 14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. IS. 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. PROVIDER16.sCK����oLIANCE�yITH LAW. In providing all services pursuant tothis agreement, the nax abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including` uding those now in effect and hereinafter adopted Any vio|ati this a... of said statutes, ordinances, rules and regulations shall constitute a material breach of greenlent and shall entitle the Board toterminate this contract immediately upon deof writte n notice of termination to the PROVIDER. delivery Federal or state statutes which may apply to the parties to, or the subject matter of, this AMENDMENTS, CHANGES, AND DISPUTES 19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the servi cl and/or reimbursement of services shall be accomplished by an amendment, which must approved in writing by the COUNTY. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVID agree that all disputes and disagreements shall be attempted to be resolved by meet and con sessions between representatives of each of the parties, If no resolution can be agreed up within 30 days after the first meet and confer session, the issue or issues shall be discussed at public meeting of the Board of County Commissioners. If the issue or issues are still not resolve to the satisfaction of the parties, then any party shall have the right to seek such relief or reme( as may be provided by this Agreement or by Florida law, �g��ns�21.thCO��PERAJ[I«�/�. In the event any administrative or legal proceeding is instituted either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree bo participate, tothexteotrequi-` by cn� in all proceedings, hearings, processes,meetings, and other activities "cu pan��' this Agreement or provision of the / ' a �s tOLhesubsten��of �peci�oa//yagreethatnopartytoth/eAgreement shall be required to enter into any arbitration s�rvces under this Agreement. County and PROVIDER proceedings related to this Agreement, 22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writi and with the prior written approval of the Board, which approval shall be subject to su conditions and provisions as the Board may deem necessary. This agreement shalsu incorporated by reference into any assignment and any assignee shall comply with all of thl provisions herein. Unless expressly provided for therein, such approval shall in no manner itvent be deemed to impose any obligation upon the Board in addition to the total agreed upo reimbursement amount for the services of the PROVIDER. 24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.2 Florida Statutes, the participation of the County and the PROVIDER in this Agreement and t acquisition of any commercial liability insurance coverage, self-insurance coverage, or loc government liability insurance pool coverage shall not be deemed a waiver of immunity to t extent of liability coverage, nor shall any contract entered into by the County be requiredt contain any provision for waiver. reasonably ATTESTATIOrequire, �o NS. PROVIDER agrees to execute such documents as the County may F .a".r , ea Public Entity CrrneStabernent an Ethics and D ree Workplace Statement, ' ' n a Drug- Free AUTHORITY. Each party represents and warrants to the other that the execution,delivery and performance of this Agreement have been duly authorized by all necessary and corporate action, as required by law. County Contract 'YMCA Upper KeYs HY09; page 27. 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. exern 28,s PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, ' any public agents or employees of the County' when performing their respectiv e ' or «f this Agreement within the territorial limits o the County shall apply to functions under extent to the performance of such functions and duties of officers, �u u/� same degree and employees outside the territorial limits of the ° c�rs' agents, volunteers, or e�ounty. 29. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall deemed to be a covenant or agreement of any member, officer, agent or employee of Monr County in his or her individual capacity, and no member, officer, agent or employee of Monr County shall be liable personally on this Agreement or be subject to any personal liability accountability by reason of the execution of this Agreement. I or Statutory LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation of Constitutional Duties. This Agreement is not intended to, nor shall it be construed as relieving pari|dpat|ngentity �rn oanyob/igationorneeponsib/Utyimnposeduponthe entity by ` /avvexcept to �ny the extent of actual and timely performance thereof by any participating entity, inwhich case the performance may be offered in satisfaction of the obligation or responsib/|/�ty. Further, this Agreement is not intended to, nor shall it be construed asauthorizing the delegation ofthe constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity beenbded to rely upon the terms, or �ny ofthern, ofdhis Agreement to enforce or attempt to enforce any third - party claim or entitlement to or benefit of any service or program contemplated hereunder, the County and the PROVIDER agree that neither the County nor the PROVIDER or ' and officer, or employee of either shall have the authority to inform, counseloroth otherwise agent' that any particular individual or group of individuals,bL ' ' �nm�e indicate benefits under this Agreement separate and apart' inferior ceny or entities, have entitlements or general orfor the purposes contemplated in this A to, «r superior t» the community |n Agreement. 32. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. and ha33. e����TICE. Any notice required or permitted under this agreement shall be in writing th nu-u /wened or mailed, postage pre -paid, by certified mail, return receipt requested, to the For Board: David P. Owens, Grants Administrator and I100 Simonton Street Key West, FL33O4O Monroe County Attorney POBox 1O26 Key West, FL33O41 Omtract-YMCA Upper Keys HY09;page 5 Executive Director YMCA OF GREATER MIAMI, INC. Alfred Sanchez 1200 NW 78 Ave Suite 200 Miami, FL 33126 34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES * Agreement shall be governed by and construed in accordance with the laws of the State of FloTril applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for t enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue w I lie in the appropriate court or before the appropriate ad oit ministrative body in Monroe Count Flri, I The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted o t mediation prior to the institution of any other administrative or legal proceeding. 35. 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. 36. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would •prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract - YMCA Upper Keys FY09; page 6 37, ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all ph"' agreements with respect hosuch subject matter between the PROVIDER and the Board. IN WITNESS WHEREOF, the parties hereto have caused these presents to beexecu executed d of the day and year first written above. as (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk YMCA of Greater Miami, Inc. IN N�311 M(}NROECQ��'-`� �"TORNEY Contract - YMCA Upper Keys FY09; page 7 EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service Organizations,county travelers, and contractual parties who have reirnbur5ab|eexpenses associated vvith Monroe County business. These guidelines, asthey relate totravel, are from Florida Statute 112,061, Acover letter summarizing the major line items on the reimbursable expense request needs to also contain a notarized certified statement such as: this "Icertify that the attached expenses are accurate and /n agreement with the records of sorgan|zation. Furthermore, these expenses are /n compliance with th|sorganizaiion's contract with the Monroe County Board ofCounty Cornnn|ssioners." Invoices should be billed to the contracting agency. Third party payments will not beco»uaereconsidered 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 /n the contract. document should not be considered all-inclusive The Clerk's Finance Department reserves right to review reimbursement requests on an individual basis' Any questions regarding these seguide/ineashou|dbed|nectedto3O5'2gJ-]534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter-companyallocationsare not consid d re|rnbursab|eexpenditures unless appropriate payroll journals for the chargingdep�rinnent ere attacUedandcerti�ed. are Payroll Acertified statement verifying the accuracy and authenticity ofthe payroll expense isneeded If o Payroll Journal /s provided, it should include: dates, employee name, salary orhOudy rate 'tota/ nounsvvor�eU, wi�hho|ding information and payroll taxes check number and check amoun t '1f Payroll Journal is not provided, the following infornnation'nnustbe provided: ed' ch�c k ' � number, date, Payee' support for applicable payroll taxes. arnount, check Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for i � For overnight orexpress deliveries, the vendor invoice nnustbeinduded. nann uns�rn�nt' Rents, Leases, etc. Acopy ofthe rental orlease agreement /srequired. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log nfcopy expenses asthey relate tothe County contract is required for reinnburgenne L Th log must define the date, nunnberofcopies made, source document, purpose, and recipient.n - Ae reasonable fee for copy expenses will be allowable.For vendor services, the invoice sample of the finished product one required. /"/ ' vendor and a Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. lFeKefax/ Fax, etc. Afax log is required. The log must define the sender, the intended redpienL the th number ca||ed, �nd th� neason forsending the fax. ' ' e' e Contract - YMCA Upper Keys Fv09; page 8 Telephone Expenses A user log of pertinent information must be remitted including: ' the party called the c�Ue �h telephone nunnbe�the date, and the purpose ofthe osU. ' � e 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 i�! considered a reimbursable travel expense at the destination, Airport parking during a business trip is not, A detailed list of charges is required on the lodging invoice. Balance due 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 shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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 shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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: capita/ outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless spec/fic`||y included /n the contract), entertainment expenses, fundraising, non -sufficient check charge, pena|t/eeand�nes. ' Contract YMCA Upper Keys FY09;page 9 Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 The following is a summary of the expenses for (_Organization name) for the time period of to Check # Payee Reason Amount 101 102 Company A Rent Company B Utilities $ X'XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX XXX.XX 105 Employee B P/R ending 05/28/01 —XXX.XX (A) Total "AMM. (B) Total prior payments $ X'XXX.XX (C) Total requested and paid (A + B) $ X'XXX.XX (D) Total contract amount $ X'XXX.XX Balance of contract (D-C) "IM&M 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 thl Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentatioW, Sworn to and subscribed before me this — day of 20 by who is personally known to me. Notary Public Notary Stamp Contract - YMCA Upper Keys FY09; page 10 Services to be provided: Youth programs, such as after -school care, summer camp, sports and tennis at the Key Largo Community Park Contract - YMCA Upper Keys FY09; page 11 PUBLIC ENTITY CUME 5TATEMENT "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." Contract - YMCA Upper Keys FY09; page 12 SWORN STATEMENT UNDER ORDINANCE NO. 10-19 MONROE COUNTY, FLORIDA I 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 to the former County officer or employee. 9HURNM (signature) Me undersigned authori who, after first being sworn by me, affixed his/her signature (name ofindividual signing) inthe space provided above onthis day of 2 . MUM My commission expires: Contract - YMCA Upper Keys RY09;page {7 The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: v.o/"cu/ ou:�'mfZ!sa/ 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working onthe conncnodibesorcontractual ' ~iceSthat are under bid the ernp|oyeevvi/[abide bv the terms of the statement and will notify the employer of any conviction o[ or plea of guilty or ' no|o contendene to, any violation ofChapter89] (Floridaorid� Statutes) or ^fany controlled substa |avv of the United States or any state, [ma violation occurring in the workplace no later �nce (5) days after such conviction. '' ,," «e 5. Imposes sanction on/ orrequire the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's cornrnunity, or any employee who is so convicted. ' 6. Makes a good faith effort to continue to maintain e drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify �rrn complies fully with th above requirements. ' � STATE OF (Signature of Respondent) PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed -his/her signature in the space provided above on this day of My commission expires: Contract - YMCA Upper Keys FY09; page 14