Loading...
Item B05 B5 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Budget Meeting Meeting September 11, 2024 Agenda Item Number: B5 2023-2909 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Andrew Roltsch AGENDA ITEM WORDING: Approval of Fiscal Year 2025 contract with Florida Keys Area Health Education Center (AHEC) funded by the Board of County Commissioners through recommendations of the Human Services Advisory Board(HSAB) totaling $195,000. ITEM BACKGROUND: The Human Services Advisory Board (HSAB) met on June 10, 2024 and made funding recommendations to the BOCC. Attached are the funding recommendations for FY2025 (October 1, 2024— September 30, 2025). The Agreement with the Florida Keys Area Health Education Center (AHEC) is attached. This Agreement is being separately approved from other HSO agreements to address a voting conflict. PREVIOUS RELEVANT BOCC ACTION: The FY2024 HSAB Budget($2,203,225.00)was approved by the BOCC on September 20, 2023, during the adoption of the final Operating Budget for Fiscal Year 2024. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: Approval DOCUMENTATION: Contract ®AHEC FY25.pdf FY2025 Funding Recommendations ® BOCC ®AEC.pdf 55 FINANCIAL IMPACT: Source Memo Amount Timing 001-03239 FL KEYS Florida Keys Area Health Education $195,000.00 09/11/2024 AREA Center(AHEC) 56 AGREEMENT This Agreement is made and entered into this 11th day of September 2024, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board"or"County,"and Florida Keys Area Health Education Center, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not-for-profit corporation established for the provision of health-related services for children and health education, and WHEREAS, it is a legitimate public purpose to provide health-related services for children and health education, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and provide health-related services for persons living in Monroe County, Florida, as provided for in this Agreement, shall pay to the PROVIDER the sum of ONE HUNDRED NINETY-FIVE THOUSAND AND NO/100 DOLLARS ($195,000.00) for fiscal year 2025. 2. TERM. This Agreement shall commence on October 1, 2024, and terminate September 30, 2025, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, no less than quarterly but no more frequently than monthly, as hereinafter set forth. Reimbursement requests shall include items paid by the PROVIDER within 120 days of payment by the PROVIDER. Reimbursement requests will be submitted to the Board via the Office of Management and Budget. Reimbursement request and supporting documentation must be acceptable to the Clerk's Finance Office. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The County shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations 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 Office of Management and Budget may accept Reimbursement Requests electronically, but only when submitted and formatted in a PDF file with cover letter and attachments together in one (1) file.) The PROVIDER agrees to submit hard copies of Reimbursement Request and supporting documentation upon request. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The organization's final invoice must be received within thirty 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 Contract-FL Keys AHEC-FY25;page 1 57 or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. 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. Funding under this agreement shall not be used to purchase capital assets. RECORDKEEPING 6. RECORDS AND RIGHT TO AUDIT. PROVIDER shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of ten (10) years from the termination of this agreement. 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 ten (10) 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, or were wrongfully retained by the PROVIDER, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid by the COUNTY. Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and if applicable trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running form the date, the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. In addition, if PROVIDER is required to provide an audit as set forth in in Section 8(e) below, the audit shall be prepared by an independent certified public accountant (CPA) with a current license, in good standing with the Florida State Board of Accountancy. 7. 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 Contract-FL Keys AHEC-FY25;page 2 58 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. S. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items (a)-(j) must be provided prior to the payment of any invoices): (a) IRS Letter of Determination and GUIDESTAR printout indicating current 501(c)(3) status; (b) Proof of registration with the Florida Department of Agriculture, as required by Florida Statute 496.405, and the Florida Department of State, as require by Florida Statute 617.01201, or proof of exemption from registration as per Florida Statute 496.406. (c) List of the Organization's Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; (d) Evidence of annual election of Officers and Directors/Directors At-Large or bi-annual election of Officers and Directors/Directors At-Large as applicable; (e) Unqualified audited financial statements from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; audit shall be prepared by an independent certified public accountant (CPA) with a current license, in good standing with the Florida State Board of Accountancy. If the PROVIDER receives $100,000 or more in grant funding from the County: a. The CPA that prepares the audit must also be a member of the American Institute of Certified Public Accountants (AICPA); b. The CPA must maintain malpractice insurance covering the audit services provided and c. The County shall be considered an "intended recipient" of said audit. (f) Copy of a filed IRS Form 990 from most recent fiscal year with all attached schedules; (g) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (h) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol-free workplace provisions, and equal employment opportunity provisions; (i) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (j) Annual Performance Report describing services rendered during the most recently completed grant period (to be furnished within 30 days after the contract end date.) The performance report shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved (see Attachment D); If Grantee fails to submit any monthly / quarterly reimbursement request or the annual performance report, the Grantee will be disqualified from applying for grant funding in the next fiscal year; (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. COUNTY FORMS By signing this Agreement, GRANTEE has sworn or affirmed to the following requirements as set forth in the Ethics Statement and non-collusion affidavit, as set forth in more detail in this Agreement. 9. ETHICS CLAUSE. By signing this Agreement, the GRANTEE warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, Contract-FL Keys AHEC-FY25;page 3 59 in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement 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. 10. NON-COLLUSION AFFIDAVIT. GRANTEE by signing this Agreement, according to law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of the firm of GRANTEE, the bidder making the Proposal for the project described in the Scope of Work and that I executed the said proposal with full authority to do so; the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. 11. AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES. Grantee under penalty of perjury attests that Grantee does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Grantee, I certify under penalties of perjury that Grantee does not use coercion for labor or services in accordance with Section 787.06. Additionally, Grantee has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. RESPONSIBILITIES 12. SCOPE OF SERVICES AND REIMBURSEMENT REQUEST. 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. If Grantee fails to submit any monthly / quarterly reimbursement request or the annual performance report, the Grantee will be disqualified from applying for grant funding in the next fiscal year. Contract-FL Keys AHEC-FY25;page 4 60 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. COMPLIANCE ISSUES 18. 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. 19. 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. 20. NON-DISCRIMINATION. The 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. The COUNTY and 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 VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment Contract-FL Keys AHEC-FY25;page 5 61 on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 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, §§ 523 and 527 (42 USC §§ 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 §§ 3601 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 §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 21. 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. 22. 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. The PROVIDER and County staff shall try to resolve the claim or dispute with meet and confer sessions to be commenced within 30 days of the dispute or claim. 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. Any claims or dispute that the parties cannot resolve shall be decided by the Circuit Court, 161" Judicial Circuit, Monroe County, Florida. 23. 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 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. ASSURANCES 24. 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. 25. 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. Contract-FL Keys AHEC-FY25;page 6 62 26. 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. 27. 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. 28. 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. INDEMNITY ISSUES 29. 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 and causes of action for medical malpractice, medical negligence, 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. 30. 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. 31. 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. 32. 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, 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. 33. 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 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 Contract-FL Keys AHEC-FY25;page 7 63 apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 34. 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. 35. 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: Grants Administrator and Monroe County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, FL 33041 For PROVIDER Michael L. Cunningham, Chief Executive Officer Florida Keys Area Health Education Center, Inc. 5800 Overseas Highway, Suite 38 Marathon, FL 33050 Phone:(305) 743-7111 Email: michael(rc�keysahec.org 36. 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 and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 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 to mediation prior to the institution of any other administrative or legal proceeding. 37. 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. 38. 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. Contract-FL Keys AHEC-FY25;page 8 64 39. 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. Any conditions imposed as a result of funding that effect the Scope of Services will be provided to each party. 40. 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract-FL Keys AHEC-FY25;page 9 65 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By.—............ ........_ ............___ BY..... _ _ _ As Deputy Clerk Mayor/Chairman Florida Keys Area Health Education Center, Inc. .. (Federal ID No .. Witness.. . el �1Nit� Chief Ex By _ ,. ec'4ic"""enessr Contract-FL Keys AHEC-FY25;page 10 66 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community-Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. Provide documentation of number of clients served and explanation of measurable outcomes described in Q.29, of the FY2025 application submitted to the HSAB, that were achieved during the billing period. For reimbursement of Payroll and/or fees for services, the Provider shall provide supporting documentation to substantiate that the work performed was for services as set forth in Attachment C (sign-in log from clients served, a detailed work log with services rendered and client(s) served for that time period as indicated above) A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and 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 and will not be submitted for reimbursement to any other funding source." The notary public is subject to the provisions of Chapter 117, Florida Statutes, must use a certificate in substantially the following form in notarizing a tangible or an electronic record. TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of County of The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this _day of (month), (year), by (name of officer or agent, title of officer or agent) of (name of entity). Personally Known Produced Identification: Type of ID and Number on ID_ (SEAL) Signature of Notary Name of Notary (Typed, Stamped or Printed) Notary Public, State of Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Contract-FL Keys AHEC-FY25;page 11 67 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 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 paid payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid payroll taxes. Payroll and/or fees for services requests for reimbursement shall include the supporting documentation as detailed above. The Clerk may request further documentation to verify and substantiate that the payment request for payroll and/or fees for services relates to the services provided as set forth in Attachment C. 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. 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 and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. 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 Contract-FL Keys AHEC-FY25;page 12 68 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. 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 from one's home to the airport for a business trip is not a reimbursable expense. 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. 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-FL Keys AHEC-FY25;page 13 69 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for (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 $ X,XXX.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) $ X,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 organization's 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) TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of County of The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this _day of (month), (year), by (name of officer or agent, title of officer or agent) of (name of entity). Personally Known Produced Identification: Type of ID and Number on ID_ (SEAL) Signature of Notary Name of Notary (Typed, Stamped or Printed) Notary Public, State of Contract-FL Keys AHEC-FY25;page 14 70 ATTACHMENT C Specific description and list of services to be provided under this contract: Over the past 10 years Keys AHEC Health Centers has operated ten clinical locations in Monroe County. Throughout the year, the agency delivers coordinated primary medical care and a full- service General Dentistry program for uninsured, Medicaid and medically vulnerable children. Each clinical location is staffed with licensed professionals in both medical and dental fields. AHEC's use of awarded funding is 100% directed to support the Medical and Dental staff providing direct care within our county-wide sites. Keys AHEC will utilize HSAB funding to partially support the salaries of multiple direct medical and dental providers (ARNP's, Dentist & Dental Hygienists) for the School Health program in our county-wide program delivery area. Medical Services Include: COVID, RSV, Flu and Strep Testing, School Health Physicals, Sick & Well Child Visits, Chronic Disease Management (Asthma and Diabetes), Prescriptions, Treatment of Minor Injuries, Glucose Testing for diabetics, Vision/Hearing Tests, Pregnancy Testing, and Referral for Full Labs, Specialty Services, Consultation & Collaboration with School Psychology Services. In addition to the medical centers Keys AHEC operates a full Mobile Dental General Dentistry (MDU) program, which visits weekly 10 schools sites county-wide to provide treatment and restorative care which includes full exams, cleanings, x-rays, fillings, sealants, extractions, and treatment for other interventional care procedures. This mobile service is complemented by an office-based Children's Dental Center in Marathon, established in January 2024 which has increased patient capacity by 40%. Measurable Outcomes Include: (HSAB Application Q.30/Q.31) Dental Objectives: 1. Deliver oral health services for Monroe County's children via a comprehensive dental program. 2. Deliver interventional and restorative care for identified student groups within the school environment. 3. Maintain service programs in all 10 current school locations. 4. Develop a usage plan to fully utilize the Newly expanded Dental Office increasing patient capacity by 40%. Medical Objectives: 1. Sustain 10 clinical sites to augment access to healthcare services throughout the academic year for all students. a. Maintain service days at current sites. 2. Increase baseline health service encounters. a. Record the top most frequently used diagnosis codes to track disease management. b. Offer year-round health services as a comprehensive medical/dental home. Data is collected and reported through the MicroMD Medical E-HR and Dentrix which is the Dental E-HR. Both systems maintain patient information, schedule, procedure and treatment data. Budget categories Include: (HSAB ApplicationQ.37) Salaries-Program; Payroll Taxes-Program; Employee Benefits-Program; and Medical/Dental Supplies. Contract-FL Keys AHEC-FY25;page 15 71 ATTACHMENT D FY2025 Annual Performance Report For year October 1, 2024—September 30, 2025 (Report Deadline: October 31, 2025) Agency Name -------------- --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Point of Contact (POCK ----------------------- ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------i Phone/Email ------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Grant Amount ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Per Section 8 of your contract, it is required that you fill out the entire form and answer every question. Narrative on the FY2025 Performance (i.e. successes, challenges, etc.): Questions: 1. Please list services and client information below for the program/activities funded by the Monroe County award. FIR Z Iv I, �=' Ii ,ME ' 11� ,MW �Milli! I ,W� 111111/m." 2. What were the measurable outcomes (including numbers) accomplished in FY2025? Please base these outcomes on the services you identified in Question#1. 3. What number and percentage of your clients/participants were at or below the federal poverty level in FY2025; and/or 200%; and/or another standard used by your organization? 4. What area of Monroe County did you serve in FY2025? 5. During FY2025, how many months did you provide program services to (Q.1) clients? 6. How many total FTEs in your organization? 7. How many FTEs worked on the program(s) funded by the FY2025 HSAB award? 8. Volunteers: hours of program service were contributed by volunteers in FY2025. Contract-FL Keys AHEC-FY25,-page 16 72 FY2025 HSAB FINANCIAL REPORT 9. Were all the awarded funds used in FY2025? a. If no, please explain: 10. Allocation of FY2025 Award; HSAB Award Amount = $ Program Expense Administrative Expense Budget Cate o DollarAmount Dollar Amount Salaries $0 $0- Fringe $0 $0 FICA $0 $0- Independent Contractors $0 $0 Office Supplies, Telephone, Postage $0 $0 Utilities $0 $0 Insurance $0 $0 Repair& Maintenance $0 $0 - Travel/Transportation $0 $0 Rent/Association Dues $0 $0 Client Service/Describe: $0 $0 Client Service/Describe: $0 $0 Client Service/Describe: $0 $0 Client Service/Describe: $0 $0 Other Expense/Describe: $0 $0 Other Expense/Describe: $0 $0 Other Expense/Describe: $0 $0 Other Expense/Describe: 1 $0 1 $0 11. Compensation Detail: Include all persons who receive compensation from the FY2025 HSAB funding (including Independent Contractors) Employee Name Type of Work Hrs. Worked Total Charges (FName, Last Initial) Title Performed in Program on Program to Program $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 (Note:If you need more space you may add additional lines or an addendum.) Contract-FL Keys AHEC-FY25;page 17 73 12. Did the HSAB funding you received in FY2025 serve as required match for a portion or all funding awarded by another granting agency? If yes, please provide details below: Amount of Name of Grantor Amount Grantor Type: Grant Type: Match % HSAB that Required Match Awarded by Federal, Competitive or Required Funding Funding Grantor*** State, Non-Competitive by the served as Local or Grantor Required Foundation Match ***Enter the Amount Awarded by the Grantor regardless of whether HSAB provided 100% of the Required Match. For the following questions, please use the number as reported on your FY2025 IRS Form 990. If your FY2025 IRS Form 990 is not yet prepared, please provide an estimate for the following questions. 13. What is your organization's fiscal year? 14. What were your organization's total expenses in FY2025? 15. What was your organization's total revenue in FY2025? 16. What was the organization's total in grants and contracts for FY2025? 17. What was the organization's total donations/fundraising and in-kind in FY2025? a. Cash Donations/Fundraising: b. In-kind Donations/Fundraising: 18. What percentage of your expenses are program service expenses' versus management and general expenses2 in FY2025 as reported on your IRS Form 990? 19. Additional Comments, Questions and/or Suggestions: Email the Annual Performance Report to the Grants Coordinator for Monroe County 'Program service expenses are defined as expenses needed to run your programs. 2Management and general expenses encompass expenses such as human resources,salaries of those not working directly with programs,legal services,accounting services, insurance expenses,office management,auditing,and other centralized services. Contract-FL Keys AHEC-FY25;page 18 74 1 FY2025 HSAB Funding Recommendations FY25 Applicants Scope of Service Amount Fund Cost Service Account Awarded Center Dates A Positive Step of October 1, 2024 - Monroe County Provision of a Fatherhood Initiative program $55,000 001 03257 530340 September 30, 2025 Provide facilities and services for a RN- A.H. of Monroe October 1, 2024 - County (AHI) Intensive Case Management within a home $100,000 001 03225 530340 September 30, 2025 and community setting. Anchors Aweigh Club Provide facilities and services for substance $15,000 001 03255 530340 October 1, 2024 - abuse services. September 30, 2025 Autism Society of the Provide facilities and services to children $45,000 001 03263 530340 October 1, 2024 - Keys and families affected by autism. September 30, 2025 Provide facilities and services for activities Boys&Girls Club for the wholesome development of youths' $85,000 001 03241 530340 October 1, 2024 - personal, social, physical, and emotional September 30, 2025 growth. Burton Memorial provide facilities and services for provision October 1, 2024 - United Methodist of a food pantry for disadvantaged persons. $15,000 001 03256 530340 September 30, 2025 Church Domestic Abuse Provide facilities and services for Shelter of the Florida comprehensive services for individuals and $97,742 001 03201 530340 October 1, 2024 - Keys families experiencing domestic and sexual September 30, 2025 abuse. Florida Keys Area Provide facilities and services related to October 1, 2024 - Health Education health-related services for children and $195,000 001 03239 530340 September 30, 2025 Center(AHEC) health education. Florida Keys Provide facilities and services for shelter and $150,000 001 03235 530340 October 1, 2024 - Children's Shelter counseling to youth and families. September 30, 2025 Florida Keys Healthy Provide facilities and services for financial October 1, 2024 - Start Coalition assistance with pre-natal care for uninsured $110,000 001 03242 530340 September 30, 2025 and under-insured pregnant women. Provide facilities and services such as Florida Keys Outreach shelter, transitional housing, case $110,000 001 03206 530340 October 1, 2024 - Coalition (FKOC) management and referrals for homeless September 30, 2025 individuals and families. Provide facilities and services for health care October 1, 2024 - Good Health Clinic for disadvantaged persons living in Monroe $100,000 001 03226 530340 September 30, 2025 County. Provide facilities and services related to Grace Jones Day Care October 1, 2024 - Center provision of educational and nutritional $60,000 001 03224 530340 September 30, 2025 services to disadvantaged children. Guidance/Care Provide facilities and services such as Center-The Heron, October 1, 2024 - Assisted Living mental health support, transportation and $45,000 001 03259 530340 September 30, 2025 Facility Program supervision. \\FILES-2.bocc.monroecounty-fl.gov\allusers\Budget and Finance\Grants\BOCC_HSAB_HSO Grants\FY 25\FY2025 HSAB Contracts\FY202 5 HSAB Contract Tinplate\FY2025 Funding Recommendations-BOCC-AHEC 75 2 FY2025 HSAB Funding Recommendations FY25 Applicants Scope of Service Amount Fund Cost Service Account Awarded Center Dates Heart of the Provide facilities and services for activities Keys/Marathon for the wholesome development of youths' $50,000 001 03253 530340 October 1, 2024 - Recreation Center personal, social, physical, and emotional September 30, 2025 growth. Provide facilities and services related to Independence Cay Provision of a community soup kitchen, $45,000 001 03247 530340 October 1, 2024 - transitional housing program and referrals September 30, 2025 to support services for homeless persons. Key West Community Provide sailing education for disadvantaged $25,000 001 03266 530340 October 1, 2024 - Sailing Center youths. September 30, 2025 Keys Area Provide facilities and services for supportive October 1, 2024 - Interdenominational services for disadvantaged persons living in $45,000 001 03243 530340 September 30, 2025 Resources (KAIR) Monroe County. Provide facilities and services for youth such as the provision of violence and substance October 1, 2024 - Keys to Be the Change abuse prevention, academic and mentoring $42,000 001 03262 530340 September 30, 2025 activities,youth leadership and other programs. Provide facilities and services for Kids Come First in the disadvantaged children such as the $37,742 001 03260 530340 October 1, 2024 - Florida Keys provision of clothing, school supplies, and September 30, 2025 other items. Literacy Volunteers of Provide facilities and services for literacy October 1, 2024 - America training. $45,000 001 03205 530340 September 30, 2025 Monroe Association of provide facilities and services for October 1, 2024 - ReMARCable Citizens, intellectually disabled citizens. $205,000 001 03232 530340 September 30, 2025 Inc. (MARC) Provide clothing, educational tools, musical instruments, and athletic equipment, October 1, 2024 - Presents in Paradise fulfilling Christmas holiday wish lists for $5,000 001 03273 530340 September 30, 2025 disadvantaged children . Rural Health Network provide medical and oral health care October 1, 2024 - of Monroe County services $15,000 001 03251 530340 September 30, 2025 (RHN) Samuel's House Provide facilities and services for women $110,000 001 03214 530340 October 1, 2024 - and children's housing and support. September 30, 2025 Provision of health programs, fitness Special Olympics of activities, sports, and non-competitive $27 742 001 03269 530340 October 1, 2024 - programs for persons with intellectual or September 30, 2025 developmental disabilities Provide facilities and services related to Star of the Sea October 1, 2024 - Foundation provision of a certified food pantry for $90,000 001 03246 530340 September 30, 2025 disadvantaged persons. The Hammock House Provide free of charge aftercare and summer $5,000 001 03274 530340 October 1, 2024 - at St. Columba camp services. September 30, 2025 \\FILES-2.bocc.monroecounty-fl.gov\allusers\Budget and Finance\Grants\BOCC_HSAB_HSO Grants\FY 25\FY2025 HSAB Contracts\FY202 5 HSAB Contract Tinplate\FY2025 Funding Recommendations-BOCC-AHEC 76 3 FY2025 HSAB Funding Recommendations FY25 Applicants Scope of Service Amount Fund Cost Service Account Awarded Center Dates Wesley House Family October 1, 2024 - Services Provide facilities and services for child care. $113,000 001 03236 530340 September 30, 2025 Womankind Provide facilities and services for health care $160,000 001 03215 530340 October 1, 2024 - for women. September 30, 2025 Total $2,203,226 \\FILES-2.bocc.monroecounty-fl.gov\allusers\Budget and Finance\Grants\BOCC_HSAB_HSO Grants\FY 25\FY2025 HSAB Contracts\FY202 5 HSAB Contract Tinplate\FY2025 Funding Recommendations-BOCC-AHEC 77 Liz Yongue From: Hunt-Kacey <Hunt-Kacey@MonroeCounty-FL.Gov> Sent: Wednesday, October 30, 2024 4:59 PM To: Liz Yongue Subject: Form8B for Commissioner Lincoln Attachments: COMM LINCOLN FORM 8B - AGENDA ITEM B5 9-11-24.pdf, AGENDA ITEM B5 BOCC BUDGET MEETING 9-11-24.pdf Follow Up Flag: Follow up Flag Status: Flagged Hi Liz, Please find attached the Form 8B for Commissioner Lincoln, from the BOCC Budget Meeting on 9/11/24. Also attached is a copy of the agenda item, B5. B5 was for the approval to fund AHEC, which the Commissioner recused herself from because she sits on the board of directors. Thankyou, (Kacey Hunt, Executive Assistant Commissioner Michelle I....incoin, BOCC District 2 243 Key Deer Blvd Big Pine Key, FL 33043 (305) 292-4512 i FORM 8B MEMORANDUM OF VOTING CONFLICT FOIE COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME —NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE MAILING ADDRESS THE BOARD,COUNCIL,COMWS810N,AUT ITY OR COMMITTEE ON aA3 A— COUNTY Ll WHICH I SERVE IS A UNIT OF: CITY " CITY COUNTY L1 OTHER LOCALAGENCY 4/ NAME OF POLITICAL SUBDIVISION.; LA DATE ON HtCH VOTEOCCUROED My P011 tlON iSr �4 ELECTIVE 0 APPOINTIVE .................. .......... .............. ...................... WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. ...... ........................ ........... ..................... ...... INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAB)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) ...................................... ................................. CE FORM 813-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. _.---- ........ DISCLOSURE OF LOCAL OFFICER'S INTEREST I„ i " aACA hereby disclose that on 20 ; (a)A measure came or will come before my agency which(check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative,. inured to the special gain or loss of ....,.... _ ....... by whom I am retained; or inured to the special gain or loss of .... which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. 0(b) he measure before my agency and the nature of my conflicting interest in the measure is as follows: • If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. �,o �17� -'pq 4;i:-� 1W ktw I .... _.....�. Date Filed Signature __.... ..... ........ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. .... ....... CE FORM 86-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(9,F.A.C.