FY2000 10/13/1999
AGREEMENT
This Agreement is made and entered into this /3 hfday of (1)(; 't(rj;~999, 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 "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 AGREEMENT. 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 Twenty-seven Thousand Six Hundred Twenty-six Dollars ($27,626.00) for payment
of personnel and operating expenses for fiscal year 1999-2000.
2. TERM. This Agreement shall commence on October 1, 1999, and terminate
September 30,2000, 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 $27,626.00 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.
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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.
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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 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(sJ 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.
15. AUTHORIZED SIGNATURES. 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 ael and contrael for the Provider: and
(c) This agreement has been approved by the Board of Direelors 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 certified 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 Direelor
Public Service Building
5100 College Road
Key West. FL 33040
For Provider:
M.A.R.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,
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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 properly, 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 conslilutes 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 ear first written above.
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
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By ~~.:\~
Mayor/Chairman
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Witness
([JIL~
Witness
MONROE ASSOCIATION OF RETARDED CITIZENS
(FederallD No. 5'"9- /03l.51'b )
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Executive Director
jconiimarc
5
SWORN STATEMENT UNDER ORDINANCE NO. 10- I 990
MONROE COUNTY. FLORIDA
ETHICS CLAUSE
,"/)i~<- ~4/1 '}nDDA.& warrants that he/it has not employed, retained
or otherwise had act on his/its behalfany former County officer or employee in violation of
Section 2 of Ordinance no. 10-1990 or any County officer or employee in violation of
Section J of Ordinance No. 10-1990. For breach or violation of this provision the County
may. in its discretion, terminate this contract without liability and may also. in its discretion,
deduct from the contract or purchase price. or otherwise recover, the full amount of any fee,
commission, percentage, gift. or consideration paid to the former County officer or employee.
/~~~O- ~{Z~~J/ILe~~
(signature) .
Date:
/"/; 19f'
STATEOF~~
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COUNTY OF ~
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
~ ;;::~ ~ who, after first being sworn by me, affixed hislher
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signature (name of individual signing) in the space provided above on this 1 day of
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NOTARY PUBLIC
My commission expires:
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OMB - MCP 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 17, for CATEGORY
TWO for a period of36 months from the date of being placed on the
convicted vendor list."
;"
.
ATTACHMENT A
EXPENSE REIMBURSEMENT REQUIREMENTS
This document is intended to provide "basic" guidelines to Human Service Organizations, county
travelers, and contractual parties who have reimbursable expenses associated with Monroe
County business. These guidelines, as they relate to travel, are from Florida Statute 112.061.
A cover letter summarizing the major line items on the reimbursable expense request 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 305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Intercompany allocations are not considered
reimbursable expenditures unless appropriate payroll journals for the charging department are
attached and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the_ payroll expense is needed.
If a Payroll Journal is provided, it should include:
. Dates
. Employee name
. Salary or hourly rate
. Total hours worked
. Withholding information and payroll taxes
. Check number and check amount
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 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 it relates 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 wiJI be allowable. For vendor services, the vendor invoice is
required and a sample of the finished product.
Supplies, Services, etc.
For supplies or services ordered vendor invoice.
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 ofthe call.
Travel Expenses
Travel expenses must be submitted on a State of Florida "Voucher for Reimbursement of Travel
Expenses". Travel must be submitted in accordance with Florida Statute I 12.061. Credit card
statements are not acceptable documentation for reimbursement. If attending a conference or
meeting a copy of the agenda is needed.
Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A
travel itinerary is appreciated to facilitate the audit trail.
Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented
with paid receipts.
Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from
one's residence to the airport for a business trip is not reimbursable.
Parking is considered a reimbursable travel expense at the destination. Airport parking during a
business trip is not.
A detail list of charges is required on the lodging invoice. Balance must be zero. Room must be
registered and paid for by traveler. The County will only reimburse the actual room and related
bed tax. Room service, movies, and personal telephone calls are not allowable expenses.
Meal reimbursement is: breakfast at $3.00, lunch at $6.00, and dinner at $12.00. Meal
guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon
and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner
reimbursement.
Mileage reimbursement is calculated at .29 cents per mile for personal auto mileage while on
County business. An odometer reading must be included on the state travel voucher for vicinity
travel. Mileage is not allowed from a residence or office to a point of departure. For example,
driving form one's home to the airport for a business trip is not a reimbursable expense.
Non allowable Expenses
The following expenses are not allowable for reimbursement:
. Capital outlay expenditures (unless specifically included in the contract)
. Contributions
. Depreciation expenses (unless specifically included in the contract)
. Entertainment expenses
. Fundraising
. Non-sufficient check charges
. Penalties and fines
Revised 9/99
ATTACHMENTB
HUMAN SERVICE 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 (Human Service Organization name) for the time
period of 05/0 1/99 to 05/31/99.
Check # Payee Reason Amount
101 Realty Co. May rent $ 1,500.00
102 Electric Co. May utilities 250.00
103 Phone Co. May phones 50.00
104 John Doe P/R ending 05/14/99 800.00
105 John Doe P/R ending OS/28/99 800.00
(A) Total $ 3.400.00
(8) Total prior payments $ 4,500.00
(C) Total requested and paid (A + B) $ 7,900.00
(D) Total contract amount $15,000.00
Balance of contract (D-C) $ 7.100.00
I certify that the above checks have been submitted to the vendors as noted and that the expenses
are accurate and in agreement with the records of this organization. Furthermore, these expenses
are in compliance with this organizations' contract with the Monroe County Board of County
Commissioners and will not be submitted for reimbursement to any other funding source.
Executive Director
Attachments (supporting documentation)
Sworn and subscribed before me the _ day of 1999/2000.
Notary Public Notary Stamp
MARC
~ \IlL C
Re: Page 4 narratives
1. 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 NUTRITION
TO OFFER GUIDANCE, EDUCATION, TRAINING AND HELP IN ALL
AREAS
TO PROVIDE FRIENDSmP 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 ofCountv Funding:
Over the years, MARC bas applied the County funding to several staff positions of
the MARC Sheltered Workshop. This fulfills the 12.5% match request from
Children and Families, 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 reallocating the funds to
other areas of the MARC program, most easily into our extensive transportation
costs
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. Fundinl! 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
SpecialEducation to MARC involvement, Recreation INTO AND AS PART OF
I