FY2025 09/11/2024 GVS COURTq c
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: September 20, 2024
TO: Andrew Roltsch
Office of Management& Budget
FROM: Liz Yongue, Deputy Clerk
SUBJECT: September 11, 2024 BOCC Meeting
The following items have been executed and added to the record:
B4 Contract with Florida Keys Healthy Start Coalition funded by the Board of County
Commissioners through recommendations of the Human Services Advisory Board(HSAB)totaling$110,000.00, for
Fiscal Year 2025.
B5 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
$195,000.00,for Fiscal Year 2025.
B6 Agreement with Historic Florida Keys Foundation,Inc.,to develop,coordinate,and promote
historic preservation in Monroe County,in the amount of$32,450.00, for Fiscal Year 2025.
B7 Agreement with Monroe Council of the Arts Corporation d/b/a Florida Keys Council of the Arts in
the amount of$87,800.00,for Fiscal Year 2025.
B8 Contract with Guidance/Care Center(The Heron,Assisted Living Facility Program)funded by the
Board of County Commissioners through recommendations of the Human Services Advisory Board(HSAB)
totaling$45,000.00,for Fiscal Year 2025
B9 Agreement with Guidance/Care Center for the Community Transportation for the Disadvantaged
(CTD)program in the amount of$25,893.00,the Innovative Service Development program in the amount of
$7,948.00 and Baker Act Transportation service program in the amount of$210,740.00 for Fiscal Year 2025.
B10 Two Agreements with Guidance/Care Center(G/CC)for 1)Substance Abuse Mental Health
(SAMH)services in the amount of$875,000.00; and 2)the Jail In-House Program(JIP)in the amount of
$392,455.00 for FY2025.The County funding for SAMII services is the local match required by Florida Statute.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
AGREEMENT
This Agreement is made and entered into this 111h day of September 2024, between the BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or
"County," and Historic Florida Keys Foundation, Inc., 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 in Monroe County, 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 providing services for the development, coordination, and promotion of
historic preservation in Monroe County, Florida, shall pay to the PROVIDER the sum of THIRTY-TWO
THOUSAND, FOUR HUNDRED FIFTY AND NO/100 DOLLARS ($32,450.00) 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 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 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 or goods provided
by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise
required by law.
Contract-Historic Florida Keys Foundation-FY25;page 1
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 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.
Contract-Historic Fl. Keys Foundation-FY25,page 2
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;
(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);
(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, 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
Contract-Historic Fl. Keys Foundation-FY25,page 3
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. 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.
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.
Contract-Historic Fl. Keys Foundation-FY25,page 4
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 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.
Contract-Historic Fl. Keys Foundation-FY25,page 5
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.
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.
Contract-Historic Fl. Keys Foundation-FY25,page 6
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 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.
27. 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.
28. 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.
29. 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.
30. 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 apart,
inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
GENERAL
31. 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.
32. 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:
Contract-Historic Fl. Keys Foundation-FY25,page 7
For Board:
Grants Administrator and Monroe County Attorney
1100 Simonton Street PO Box 1026
Key West, FL 33040 Key West, FL 33041
For PROVIDER
Diane Silvia, Executive Director
Historic Florida Keys Foundation, Inc.
510 Greene Street
Key West, FL 33040
305-292-6718
33. 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.
34. 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.
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 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.
36. 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.
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.
[THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW]
Contract-Historic Fl. Keys Foundation-FY25,page 8
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of
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Contract-Historic FL Keys Foundation-FY25;page 9 •
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.
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."
Invoices should be billed to the contracting agency. Third party payments will not be considered for
reimbursement. Remember, the expense should be paid prior to requesting a reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the contract. This
document should not be considered all-inclusive. The Clerk's Finance Department reserves the right
to review reimbursement requests on an individual basis. Any questions regarding these guidelines
should be directed to 305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. 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.
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.
Contract-Historic Fl. Keys Foundation-FY25,page 10
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 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-Historic Fl. Keys Foundation-FY25,page 11
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
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-Historic Fl. Keys Foundation-FY25,page 12
ATTACHMENT C
Specific description and list of services to be provided under this contract:
Salary for Executive Director to provide:
• Professional Historic Preservation support for the Historic Preservation Commission: Prepare
ads, agendas, minutes, staff reports, resolutions
• Travel to Tavernier from Key West
• Postage - Board packets
• Copies
• Grant Administration
Contract-Historic Fl. Keys Foundation-FY25,page 13
ATTACHMENT D
FY2025 Annual Performance Report
(For year October 1, 2024—September 30, 2025)
AgencyName --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Point of Contact (POCK
------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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.
1000M Bonn=(,1,loan
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. Were all the awarded funds used in FY2025? If not, please explain.
5. What is the number of FTEs working on the program(s) funded by the award in FY2025?
Contract-Historic Fl. Keys Foundation-FY25,page 14
6. Were the awarded funds used as match in FY2025? If so, please list matching sources.
7. What area of Monroe County did you serve in FY2025?
8. How many total FTEs in your organization?
9. Volunteers: hours of program service were contributed by volunteers in FY2025.
10. What was the CEO/Executive Director (or highest paid title) compensation in FY2025? (Please
breakdown between salary and benefits.)
11. What is your organization's fiscal year?
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.
12. What were your organization's total expenses in FY2025?
13. What was your organization's total revenue in FY2025?
14. What was the organization's total in grants and contracts for FY2025?
15. What was the organization's total donations and in-kind (fundraising) in FY2025?
16. What ercentage of your expenses are program service expenses' versus management and general
expenses in FY2025 as reported on your IRS Form 990?
1Program 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-Historic Fl. Keys Foundation-FY25,page 15