FY1997 10/16/1996
.ann!' 1.. ltoQJagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARA mON, FLORIDA 33ll5O
TEL. (305) '1iJ9-(if17
PAX (305) 289-1745
CLERK OF mE CIRCUIT COURT
MONROE COUNTY
SOO WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
PAX (305) 295-3660
IIRANCH OFFICE
Il8S2O OVERSEAS HIGHWAY
PLANTATION ICBY, FLORIDA 33070
TEL. (305) 852-7145
PAX (305) 852.7146
MEM.oRANDUM
TO:
James Roberts
County Administrator
FROM:
Ruth Ann Jantzen, Deputy Clerk
~#.
DATE:
November 14, 1996
.on .october 16, 1996, the Board of County Conunissioners granted approval
and authorized execution of the following documents between Monroe County and
the following FY 97 Human Service Providers:
Agreement between Monroe County and MolU"oe Association of Retarded Citizens,
in the amount of $30,695.00.
Agreement between Monroe County and Hospice of the Florida Keys, Inc., in the
amount of $50,000.00.
Also approved at the .october 16th meeting was authorization to execute FY 1997
youth club agreements including an Agreement between Monroe County and Florida
Keys Youth Club, in the amount of $30,000.00.
Enclosed please find a fully executed duplicate original of each of the above
Agreements for return to your providers. If you have any questions regarding the above,
please do not hesitate to contact this office.
Enclosure
cc: County Attorney F'mance
Flle
AGREEMENT
This Agreement is made and entered into this /;;tJday of OC Tl8<i.r/. 1996, between the
BOARD OF COUNTY. COMMISSIONERS OF MONROE COUNTY, FLORIDA. hereinafter referred to as
"Board" or "County," and the MONROE ASSOCIATION FOR RETARDED CITIZENS. hereinafter referred to
as II Provider."
WHEREAS, the Board is authorized by Chapter 70.290, Laws of Florida, 1970, to expend from
the Board's general revenue fund such sums as are deemed necessary and advisable for the care,
treatment, and rehabilitation of retarded citizens. and
WHEREAS, the Provider provides residential care, training, schools. diagnostic and evaluation
services. parent counseling and other programs for retarded adults of Monroe County, and
WHEREAS. the Board wishes for the Provider to provide such services to the retarded adults of
Monroe County on a free and unrestricted basis as an aid in the Board's overall mental health
program, now, therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein. it is agreed as
follows:
1. AMOUNT OF AGil€EMEN~/ The Board, in consideration of the Provider substantially
and satisfactorily performing and carrying out the duties of the Board as to rendering services in
matters of care, treatment and rehabilitation of retarded adults in Monroe County, shall pay to the
Provider the sum of Thirty Thousand Six Hundred Ninety-Five Dollars ($30,695.00) for payment of
personnel and operating expenses for fiscal year 1996-97.
2. TERM. This Agreement shall commence on October 1. 1996, and terminate
September 30, 1997, unless eariier terminated pursuant to other provisions herein.
3. PAYMENT. Payment will be paid periodically, but no more frequently than monthly as
hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance
Office. The County shall only reimburse, subject to the funded amounts below, those reimbursable
expenses which are reviewed and approved as complying with Florida Statutes 112.061 and
Attachment A - Expense Reimbursement Requirements. Evidence of payment by the Provider shall
be in the form of a letter. summarizing the expenses. with supporting documentation attached. The
letter should contain a certification statement as well as a notary stamp and signature. An example
of a reimbursement request cover letter is included as Attachment B.
After the Clerk of the Board examines and approves the request for reimbursement. the Board
shall reimburse the Provider. However. the total of said reimbursement expense payments in the
aggregate sum shall not exceed the total amount of $30.695.00 during the term of this agreement.
4. SCOPE OF SERVICES. The Provider. for the consideration named. covenants and
agrees with the Board to substantially and satisfactorily perform and carry out the duties of the Board
in providing services in the area of: (a) Residential care - Ib) Diagnostic and evaluation services
Ie) Sheltered workshop -Id) Case work service - (el Training schools - (f) Other related services
for retarded citizens of Monroe County. as far as practical with the funds to be provided by the
Board. Said services shall include. but are not limited to. those services described in Provider's Details
of Specific Program for Which Funding is Requested. attached hereto as Exhibit C and incorporated
herein.
5. STANDARD OF CARE. The services provided shall meet the standards of the State
Department of Health & Rehabilitative ~rvices. Division of Developmental Service.
,
6. RECORDS. The Provider shall maintain appropriate records to insure a proper
accounting of all funds and expenditures. and shall provide a clear financial audit trail to allow for
full accountability of funds received from said Board. Access to these records shall be provided
during weekdays. 8 a.m. to 5 p.m.. upon request of the Board. the State of Florida. or authorized
agents and representatives of the Board or State. The Provider shall be responsible for repayment of
any and all audit exceptions which are identified by the Auditor General of the State of Florida. the
Clerk of Court for Monroe County. an independent auditor. or their agents and representatives. In
the event of an audit exception. the current fiscal year contract amount or subsequent fiscal year
contract amounts shall be offset by the amount of the audit exception. In the event this agreement
is not renewed or continued in subsequent years through new or amended contracts. the Provider
2
sholl be billed by the Boord for the amount of the audit exception and the Provider shall promptly
repay any audit exception.
7. INDEMNIFICATION AND HOLD HARMLESS. The Provider covenants and agrees to
indemnify and hold harmless Monroe County Board of County Commissioners from any and all
claims for bodily injury (including death). personal injury, and property damage (including property
owned by Monroe County) and any other losses, damages. and expenses (including attorney's fees)
which arise out of. in connection with, or by reason of services provided by the Provider occasioned
by the negligence, errors, or other wrongful act or omission of the Provider's employees, agents, or
volunteers.
B. 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 sholl be construed so as to find the Provider or any of its employees, contractors, servants
or agents to be employees of the Board.
9. 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.
10. PROFESSIONAL RESPONSIBILITY AND LICENSING. The Provider shall assure that all
professionals have current and appropriate professional licenses and professional liability insurance
coverage. Funding by the Board is contingent upon retention of appropriate local. state and/or
federal certification and/or licensure of the Provider's program and staff.
11. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or
reimbursement of services shall be amended by an agreement amendment, which must be
approved in writing by the Board.
3
12. NO ASSIGNMENT. The Provider shall not assign this agreement except in writing and
with the prior written approval of the Board. which approval shall be subject to such conditions and
provisions as the Board may deem necessary. This agreement shall be incorporated by reference
into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly
provided for therein. such approval shall in no manner or event be deemed to impose any
obligation upon the Board in addition to the total agreed upon reimbursement amount for the
services of the Provider.
13. NON-DISCRIMINATION. The Provider shall not discriminate against any person on the
basis race. creed. color. national origin. sex or sexual orientation, age. physical handicap. or any
other characteristic or aspect which is not job-related in its recruiting. hiring. promoting. terminating
or any other area affecting employment under this agreement. At all times. the Provider shall
comply with all applicable laws and regulations with regard to employing the most qualified
person(s) for positions under this agreement. The Provider shall not discriminate against any person
on the basis of race. creed. color. national origin. sex or sexual orientation. age. physical handicap.
financial status or any characteristic or aspect in its providing of services.
14. AUTHORIZED SIG!l(ATURES. /The signatory for the Provider below. certifies and warrants
,
that:
(a) The Provider's name in this agreement is the full name as designated in its corporate
charter. if a corporation, or the full name under which the Provider is authorized to do business in the
State of Florida.
(b) He or she is empowered to act and contract for the Provider: and
(c) This agreement has been approved by the Board of Directors of the Provider if the
Provider is a corporation.
15. NOTICE. Any notice required or permitted under this agreement shall be in writing and
hand-delivered or mailed. postage pre-paid, by certified mail. return receipt requested. to the other
party as follows:
For Board:
Monroe County Attomey
310 Fleming Street
Key West, FL 33040
and
Louis LaTorre. Social Services Director
Public Service Building
5100 College Road
Key West. FL 33040
4
".--.--'--'"
For Provider.
M.A.R.C.
Post Office Box 428
Key West. Florida 33041
16. CONSENT TO JURISDICTION. This agreement shall be construed by and governed
under the laws of the State of Florida and venue for any action arising under this agreement shall be
in Monroe County, Florida.
17. NON-WAIVER, Any waiver of any breach of covenants herein contained to be kept
and performed by the Provider shall not be deemed or considered as a continuing waiver and shall
not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach,
either of the same conditions or covenants or otherwise.
18. AVAilABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a
level sufficient to allow for continued reimbursement' of expenditures for services specified herein, this
agreement may be terminated imm~iately at fhe option of the Board by written notice of
,
termination delivered to the Provider. The Board shall not be obligated to pay for any services or
goods provided by the Provider after the Provider has received written notice of termination, unless
otherwise required by law.
19, PURCHASE OF PROPERTY. All property, whether real or personal. purchased with funds
provided under this agreement. shall become the property of Monroe County and shall be
accounted for pursuant to statutory requirements.
20. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties
hereto with respect to the subject matter hereof and supersedes any and all prior agreements with
respect to such subject matter between the Provider and the Board.
5
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By (\/ 'II ~~
~:rCh':;Pan
By
Dep
~
cl!tiL if;; !/A1 fe1A! /
, Witness
MONROE ASSOCIATION OF RETARDED CITIZENS
(Federal I No. <; )
-
\, .
cx9~ C. ~
Witness
cons marc
6
PUBLIC ENTITY CRIfIIE FORM - STA:u.t4r.rIT
Any person submitting a bid or proposal in response to this
invitation must execute the enclosed Form PUR 7068, SWORN STATEMENT
UNDER SECTION 287,133(3) (A), FLORIDA STATUTES, ON PUBLIC ENTITY
CRIMES, including proper check(s), in the space(s) provided, and
enclose it with his bid or proposal on behalf of dealers or suppliers
who will ship commodities and received payment from the resulting
contract, it is your responsibility to see that copy(s) of the form
are executed by them and are included with your bid or proposal,
Corrections to the form will not be allowed after the bid or proposal
opening time and date. Failure to complete this fOTm in every detail
and submit it with your bid or proposal will result in immediate
disqualification of your bid or proposal.
i
i
. -
SW::JlUl ST/\TEI'IENT UNDER OROINI\NCE NO. 10-1990
MONROE COUNTY, Fl,ORID/\
ETHICS CLAUSE
.2b,J IYloo=
wnrran~s that he/it has not employed
retained or otherwise had act on his/its behalf any formet County office'
or employee in violation of section 2 of ordinance No. 10-1990 or any
county officer or employee in violation of section 3 of Ordinance No.
10-1990. For breach or violation of this provision the County may, in
its discretion, terminate this contract without liability and may also,
in its discretion, deduct from th~ contract or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage,
gift, or consideration paid to the
officer or employee.
Date:
"h/9b
f
STATE OF .;;//~
,
COUNTY OF ~
Subscribed and sworn to (or affirmed) before
(name of affiant).
He/She is personally known to me or has produced
"
~ 0 /9<JG,
,/
J;b"; (Y7o O,eb
(date) by
me on
~~
as identification.
(type of identifi~ation)
2~l'~'
1l0TARY PUBLIC
MCPt4 REV. 2/92
"":"'f.'" ,..,.,
"A person or affiliate who has becn placed on the convicted vendor list following
a conviction for public entity crimc may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to public entity, may no! be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CA TEGOR Y TWO for
a period of 36 months from the date of being placed on the convicted vendor list."
.
..".,_..".,"""..
ATIACHMENT A
Expense Reimbursement Requirements
This document is intended to provide "basic" guidelines to Human Service Organizations, county
travellers, and contractual parties who have reimbursable expenses associated with Monroe
County business. These guidelin.es, as they relate to travel, are from Florida Statute 112.061,
which is attached for reference.
A cover letter summarizing the major line items on the reimbursable expense ~equest should also
contain a certified statement such as:
I certify that the attached expenses are accurate and in agreement with the records of this
organization. Furthermore, these expenses are in compliance with this organization's contract
with the Monroe County Board of County Commissioners.
Invoices should be billed to the contracting agency. Third party payments will not be considered
for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the contract.
This document should not be considered all-inclusive. The Cleric's Finance Department reserves
the right to review reimbursement requests on an individual basis. AIry questions regarding these
guidelines should be directed)o SJepl)anie Griffiths at 305-292-3528.
i
Payroll:
A certified statement verifying the accuracy and authenticity of the payroll expenses.
If a Payroll Journal is provided, it should include:
Payroll Journal dates
employee name, salary, or hourly rate
hours worked during the payroll journal dates
withholdings where appropriate .I
check number and check amount
If a Payroll Journal is not provided the following must be listed:
check number, date, payee, check amount
support for applicable payroll taxes
Original vendor invoices must be submitted for Worker's Compensation ane :;l:Lbility insurance
coverage.
Telephone expenses:
A user log of pertinent infonnation must be remitted: the pany called, the caner, the telephone
number, the date, and the purpose of the call must be identified.
Telefax, fax, etc.:
A fax log is required. The log must defin~ the sender, the intended recipient, the date, the number
called, and the reason for sending the fax.
Supplies, services, etc.:
For supplies or services ordered the County requires the original vendor invoice.
Rents, leases, etc.:
A copy of the rental agreement or lease is required. Deposits and advance p;'yments will not be
allowable expenses.
Postage, overnight deliveries, courier, etc.:
A log of all postage expenses as it relates to' the County contract is required for reimbursement.
For overnight or express deliveries, the original vendor invoice must beinc1udcd.
. .
Reproductions, copies, etc.:
I
A log of copy expenseS' as it rel~tes to the County contract is required for f( imbursement. The
log must define the date, number of copies made, source document, purpo,;e, and -ecipient. A
reasonable fee for copy expenses will be allowable. For vendor services, the original vendor
invoice is required and a sample of the finished product.
Travel expenses: please refer to Florida Statute 112.061.
Travel expenses must be submitted on a State of Florida Voucher for Reim~ 'u"Sement of
Travel Expenses. Credit card state~nts are not acceptable documentation for f' .m. lfsement.
Airfare reimbursement requires the original passenger receipt portion of the airline .icket. A
travel itinerary is appreciated to facilitate the audit trail.
Auto rental reimbursement requires the original vendor invoice. Fuel purc.hases should be
documented with original paid receipts,
Original taxi receipts should be provided. However, reasonable fares win be re:mbu~ed without
receipts. Taxis are not reimbursed if taken to arrive at a depanure point: for exa'. ole, taking a
taxi from one's residence to the airport for a business trip is not reimbursable,
/
'.
Original toll receipl~ should be provided. However, reasonable tolls will be reimbursed without
receipts.
Parking is considered a reimbursable travel expense at the destination. Airport parking during a
business trip is not.
Lodging reimbursement requires a detailllsting of charges. The original lodging invoice must be
submitted. The County will only reimburse the actual room and related bed tax. Room service,
movies, and personal telephone calls (see previous guidelines) are not allowable expenses. Per
diem lodging expenses may apply. Again, refer to Florida Statute 112.061.
Meal reimbursement is breakfast at $3.00, lunch at $6.00, and dinner at $12.00. Meal guidelines
are that travel must begin prior to 6 am for breakfast reimbursement, before noon and end after
2pm for lunch reimbursement, and before 6pm and end after 8 pm for dinner reimbursement.
\
~~\
Mileage reimbursement is calculated at 20 cents per mile for personal auto mileage while on
county business. Effective October 1, 1994, mileage will be reimbursed at 25 cents per mile. An
odometer reading must be included on the state travel voucher for vicinity travel. A mileage map
is attached for reference to allowable miles from various Florida destinations.
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.
.
Data processing, PC time. etc.:
I
The original vendor invoice is required for reimbursement. Intercompany allocations are not
considered reimbursable expenditures unless appropriate payroll journals for the charging
department (see Payroll above) are attached and certified.
The following expenses are not allowable for reimbursement:
penalties and fines
non-sufficient check charges
fundraising
contributions
capital outlay expenditures (unless specifically included in the contract)
depreciation expenses (unless specifically included in the contract)
SGRIFFlTHS
WP5I\PROCEDUR\EXP _REIM
ATTACHMENT B
HUMAN SERVICE ORGANIZATION LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, Florida 33040
(Date)
The following is a summary of the expenses for (Human Service On!anization_~ for the time
period of _ to _ :
Check #
Pavee
Reason
Amount
101
102
103
104
105
A Company
B Company
D Company
Person A
Person B
rent
utilities
phones
payroll
payroll
$xxxx.xx
$xx:<x.x.<
$xxxx.xx
$xx:'x.xx
$xx <x.xx
(A)
Total
SXXXX.'XX
(B)
Total prior-'pllYments
i
I
Total requested and paid (A + B)
$xxxx.XX
(C)
$xxxx.XX
(0)
Total contract amount
.~~xxxx.xx
Balance of contract (D - C)
$xxxx xx
I certify that the above checks have been submitted to the vendors as noted and thllt the expenses
are accurate and in agreement with theirecords 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 01 her funding source.
,
Executive Director
Attachments (supporting documentation)
Sworn and subscribed before me this _ day of
199_.
Notary stamp
Notary Public
-ty h_~v-.:iu\ C
MKfZC
Narratives page 5 continued...
17. Monitoring process
HRS, District 11 (and now II-B) manages a QUALITY ASSURANCE test
of conditions and performance at MARC.
An abbreviated copy of same attached...from this past year.
Additionally, MARC must comply with all City and County regulations
as pertains to safety, fire, food service, business licensing, etc.
See attachments, please., monitoring report.
18. In Kind Services
From the County, no free rent, utilities etc.
The Monroe District School Board lends 3 part time staff through
Adult Education. They also claim the FTE totals for the MARC Client,
thereby eliminating that as a "donated service" since they are ~aid
on the basis of the Client generated FTE incomes.
MARC also trades a portion of its "rent" at the Old Harris School
for lawn maintenance services at several of the schools.
Not a true "in kind doantion".
,
19. OverfR~acosts.~administration and fun9raising percenta]es
adm
15%
fundraising n/a
20. Agency salaries....listing attached
21-25... funding application
I believe this has been answered in the sections regarding the
12.5% match/ADT description attached.
IF you need a differen~ "target"...my choice would be Transportatio
in which case the numbers can be generated..but that is something 0
a semantic exercise.
I will comply if you wish...
Copy of District I1-B needs assessment attached.
Re: Page 4 narratives
1. The MARC Mission is as fOllows:
All programs and activities sustain the MARC Mission:
TO PROVIDE A SAFE AND SECURE ENVIRONMENT..A HOME
TO ASSURE THE HIGHEST LEVEL OF HEALTH AND NUTRITION
TO OFFER GUIDANCE, EDUCATION, TRAINING AND HELP IN ALL AREAS
TO PROVIDE FRIENDSHIP AND A SENSE OF FAMILY
TO PROMOTE SELF RESPECT
TO ENCOURAGE COOPERATION AND CONCERN FOR ONE ANOTHER
TO SEE OURSELVES AS A PART OF THE LARGER FAMILY/COMMUNITY
TO ENABLE ACCOMPLISHMENTS AS THE BASIS OF SELF WORTH AND PRIDE
TO DEVELOP VALUES BEYOND IMMEDIATE MATERIAL GAIN
Within this simple statement of purpose, a meaningful, productive
and rewarding life is made possible for every client.
2. Use of County Funding:
Over the years, MARC has applied the county funding to several
staff positions of the MARC Sheltered Workshop. This fulfills
the 12.5% match request from HRS, AND makes a simplified (little
monthly paperwork) mechanism available for requesting and using
the funds.
MARC's preference would be to continue this simplified procedure
in the interest of efficiency.
IF a specific and NEW issue is needed, we can comply by reallocatin,
the funds to other areas of the MARC program. most easily into our
extensive TRANSPORTATION costs, both in wages of drivers and cost
of vehicle maintenance and replacement.
We will await you instruction if a change is desired.
See pages 4 an;! 5 of Description Of Services, Re: Sheltered
Workshop/ Adult Day/Training
3. Funding request is SAME as last year.
4. New, Creative or Innovative...
MARC does not try to be "leading edge" since that is the first
part to HIT STONE WALLS. We are intentionally conservative, doing
what we KNOW to work in the interest of Clients and Families, and
is APPRECIATED by them and the COMMUNITY.
COMMON SENSE may be our most innovative and increasingly RARE
attribute! .
On the "experimental side"..our increasing TRANSITIONAL porgrams,
from Special Education to MARC involvement, Recreation INTO AND
AS ~ART OF THE COMMUNITY (as a teaching device) and our Supported
Living programs are most concurrent with modern philosophy.
MARC is not likely to produce noteworthy innovative .projects.
as long as fundamental needs in Residential and Day Training
exist. They are simply much more efficient to produce with a
limited amount of resource.
ONE THING that we really need for this next year, is a PURE JOB
COACH...a singly missioned person to work OFF SITE IN THE COMMUNITY
with Clients on independent jobs.
.I
.~,
MEMORANDUM
RE:
October 29, 1996
Human Service Provider
D. Lloyd tI
Grants Manager
FY97 Monroe County Funding Contract
DATE:
TO:
FROM:
Enclosed is the Human Service Providers' Contract for fiscal year 1997. Please
read the contract carefully, and have an authorized Individual sign in the
appropriate places. Once it is signed, please forward to Jan Hotalen at the
County Attorney's Office for final processing. If you have any questions or
concerns, contact this office at 292-4474. Thank you
//- 7- ,,~/
\~~
__./c
\
\
.
~~ AJ~'I--t -I """~J.
71t,V*~ ~
,
,\
1 f; ',!,
- ...... J
r
~
~~C\! (;
)
....-'
" __, [\\\i
CO\..l\\'\ :