FY1999 10/21/1998
AGREEMENT
This Agreement is made and entered into this 2-1 day of CC'rf:J 8<~fZ. ,1998, between
the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA. hereinafter referred to as
"Board" or "County," and the Mg~~~~~,'.~'.eWtZR, ~ereinafter referred
to as "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 ~tardeclBdulij of
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Monroe County on a free and unrestricted basis as an aid in the Board's ovel!l1l!-,~nl! hfWllh
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IN CONSIDERATION of the mutual promises and covenants contained hef.@i~!~ is '\9reel1l as
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follows: :<:-<; N ~
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1. AMOUNT OF AGREEMENT. The Board, in consideration of the Pr~ide/l s@ta~ally
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 Five Hundred Fifty Dollars ($30,550.00) for payment of personnel
and operating expenses for fiscal year 1998-99.
2. TERM. This Agreement shall commence on October 1, 1998, and terminate
September 30, 1999, unless earlier terminated pursuant to other provisions herein.
3. PAYMENT. Payment will be paid periodically, but no more frequently than monthly
as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's
Finance Office. The County shall only reimburse, subject to the funded amounts below, those
reimbursable expenses which are reviewed and approved as complying with Florida Statutes
112.061 and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the
Provider shall be in the form of a letter, summarizing the expenses, with supporting documentation
attached. The letter should contain a certification statement as well as a notary stamp and
signature. An example of a reimbursement request cover letter is included as Attachment B.
After the Clerk of the Board examines and approves the request for reimbursement, the
Board shall reimburse the Provider. However, the total of said reimbursement expense payments in
the aggregate sum shall not exceed the total amount of $30,550.00 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
(b) Diagnostic and evaluation services
(c) Sheltered workshop
(d) Case work service
(e) 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 Services, 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 shall be billed by the Board 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.
2
8. 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.
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. COMPLIANCE WITH COUNTY GUIDELINES. The Provider demonstrate and sustain
compliance with:
(a) 501 (c) (3) Registration;
(b) Board of Directors of seven or more;
(c) Annual election of Officers and Director;
(d) Annual provision of annual report to County;
(e) Corporate Bylaws;
(f) Corporate Policies and Procedures Manual;
(g) Hiring policies for all staff;
(h) Cooperate with County monitoring visits; and
(I) Semi-annual performance reports to be presented to County.
11. 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.
12. 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.
13. 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.
3
14. 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 charaeleristic or aspeel which is not job-related in its recruiting, hiring, promoting, terminating
or any other area affeeling employment under this agreement. AI 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 charaeleristic or aspeel in its providing of services.
15. AUTHORIZED SIGNATURES. The signatory for the Provider below, cerlifies and warrants
that:
(a) The Provider's name in this agreement is the full name as designated in its corporate
charier, 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.
16. NOTICE. Any notice required or permitted under this agreement shall be in writing
and hand-delivered or mailed, postage pre-paid, by cerlified mail. return receipt requested, to the
other party as follows:
For Board:
Monroe County Attorney
310 Fleming Street
Key West, FL 33040
and
Louis LaTorre, Social Services Director
Public Service Building
5100 College Road
Key West. FL 33040
For Provider:
MAR.c.
Post Office Box 428
Key West. Florida 33041
17. CONSENT TO JURISDICTION. This agreement shall be construed by and governed
under the laws of the State of Florida and venue for any aelion arising under this agreement shall
be in Monroe County, Florida.
18. 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.
19. 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,
4
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.
20. 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.
21. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties
hereto with respect to the subject matter hereof and supersedes any and all prior agreements with
respect to such subject matter between the Provider and the Board.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of
the day and year first written above.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
Witness
MONROE ASSOCIATION OF RETARDED CITIZENS
(FederaIIDNo. c;~t:!t7I':$b?t'J )
\""-
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cutive Director
By
Witness
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SWORN STATEMENT UNDER ORDINANCE NO.1 0-1990
MONROE COUNTY. FLORIDA
ETHICS CLAUSE
]) nv ft." A! e
warrants that he/it has not employed, retained
or otherwise had act on hishts behalf any former County officer or employee in violation of
Section 2 of Ordinance no. ] 0- I 990 or any County officer or employee in violation of
Section 3 of Ordinance No. \ 0-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former C nty officer or employee.
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re)
Date:
lok'l7tY
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STATE OF
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mCfYVtoJ.
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
to YL (Yl() D I L
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this ex '7 day of
f)~ 1(~ , ]9 7~.
~,.I'~ Pf/&, VVlme F.. Strickland
~ ICt. i";::. Ct~,n~,l,i~ . 'CC 751219
~~~. '..,,,.... 1.2002
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OF '" ATLANTIC BONDING CO.. INC.
OMB - MCr FORM #4
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.0] 7, for CATEGORY
TWO for a period of36 months from the date of being placed on the
convicted vendor list."
,.
ATfACHMENT 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 guidelines, as they relate to travel, are from Florida Statute] ]2.06],
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 Clerk's Finance Department reserves
the right to review reimbursement requests on an individual basis. Any questions regarding these
guidelines should be directed to SIephanie Griffiths at 305-292-3528.
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
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 anc :;"bility insurance
coverage.
Telephone expenses:
A user log of pertinent information must be remitted: the pany called, the caller, 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;.cyments 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 be included.
.
Reproductions, copies, etc.:
l
A log of copy expenseS' as it relates to the County contract is required for rr 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 Reimr 'H"Sement of
Travel Expenses. Credit card statements are not acceptable documentation for f' ,m. Irsement.
Airfare reimbursement requires the original passenger receipt portion of the airiine :icket. A
travel itinerary is appreciated to facilitate the audit trail.
Auto rental reimbursement requires the original vendor invoice. Fuel purchases should be
documented with original paid receipts,
Original taxi receipts should be provided. However, reasonable fares will be reimbl~rsed without
receipts. Taxis are not reimbursed if taken to arrive at a depanure point: for ex?1. ole, taking a
taxi from one's residence to the airport for a business trip is not reimbursable.
I
Original toll receipt;; 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 detail listing 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.
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.
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)
SGRfr r i IHS
WP51\PROCEDUR\EXP _REIM
A TT ACHMENT 13
HUMAN SERVICE ORGANIZATION LETTERHEAD
Monroe County l30ard of County Commissioners
Finance Department
500 Whitehead Street
Key West, Florida 33040
(Date)
The following is a summary of the expenses for (Human Service Onzanization_name) for the time
period of _ to _ :
Check # Pavee Reason
101 A Company
102 B Company
103 o Company
104 Person A
105 Person B
Amount
rent
utilities
phones
payroll
payroll
$xxxx.xx
$xxxx.X(
$xxxx.xx
$xx,'x.xx
$x~ (x.xx
(A) Total
(B) Total prior)>ayments
I
(C) Total requested and paid (A + D)
SXXXX.1{X
$xxxx.xx
$xxxx.xx
(0) Total contract amount
"
..,xxxX.xx
Balance of contract (0 - C)
$xxxx xx
I certifY that the above checks have been submitted to the vendors as noted and thut 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 Coullty
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 Public
Notary stamp
~b.J- c.
Re: Page 4 narratives
I. The MARC Mission is as follows:
All programs and activitiess sustain the MARC mission:
TO PROVIDE A SAFE AND SECURE ENVIRONMENT.. A HOME
TO ASSURE THE HIGHEST LEVEL OF HEALTH AND NUTRlTlON
TO OFFER GUIDANCE, EDUCATION, TRAINING AND HELP IN ALL AREAS
TO PROVIDE FRIENDSHIP AND A SENSE OF F AMIL Y
TO PROMOTE SELF RESPECT
TO ENCOURAGE COOPERATION AND CONCERN FOR ONE ANOTHER
TO SEE OURSELVES AS A PART OF THE LARGER FAMIL Y/COMMUNITY
TO ENABLE ACCOMPLISHMENTS AS THE BASIS OF SELF WORTH AND
PRIDE
TO DEVELOP VALUES BEYOND IMMEDIATE MATERIAL GAlN
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 Children
and Fanlilies, and makes a simplified (little monthly paperwork) mechanism available
for reequesting 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 reallocating the funds to
other areas of the MARC program, most easily into our extensive
TRANSPORT A TION costs, both in wages of drivers and cost of vehicle maintenance
and replacement.
We will await your instruction if a change is desired.
See pages 4 and 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 programs, from Special