Loading...
Item C21 D/32 BOARD OF COUNTY COMMISSIONERS C ounty of M onroe Mayor David Rice, District 4 Mayor Pro Tem Craig Cates, District 1 The Florida Keys Michelle Coldiron, District 2 Vacant, District 3 Holly Merrill Raschein, District 5 County Commission Meeting April 20, 2022 Agenda Item Number: C.21 Agenda Item Summary #10445 BULK ITEM: Yes DEPARTMENT: Emergency Management TIME APPROXIMATE: STAFF CONTACT: Jeff Manning (305) 289-6325 NA AGENDA ITEM WORDING: Approval of an extension to an existing Memorandum of Agreement between Monroe County BOCC and Guidance Care Center. Inc., regarding a FEMA hazard mitigation sub-recipient grant wherein FEMA, through the BOCC, shall reimburse Guidance Care Center an amount not to exceed $75,930.00, effective March 16th, 2022. ITEM BACKGROUND: At the November 20, 2019 meeting, the BOCC voted to accept a Pre- Disaster Mitigation Grant from FEMA, via the Florida Division of Emergency Management on behalf of Guidance Care Center. The Federal portion of the grant is $75,930. Per agreement, Guidance Care Center is responsible for any and all costs not reimbursed by FEMA. The purpose of the grant award is to purchase and install an emergency generator at the Guidance Care Center Marathon facility. At the December 11, 2019 meeting, the BOCC agreed to enter into a memorandum of agreement ( execution of this grant. The current MOA is set to expire April 1, 2022. The grant project is not yet complete, thus the request to extend the period of the MOA with Guidance Care Center. PREVIOUS RELEVANT BOCC ACTION: The BOCC accepted the related Pre-Disaster Mitigation Grant in November, 2019, and entered into an Agreement with Guidance Care Center in December 2019 to execute this grant. CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATION: Approval DOCUMENTATION: EXTENSION of Westcare GCC MOA_UPDATED 4.1.2022 Monroe Co Board of Commissioners COI Qbdlfu!Qh/!65: D/32 2022 04 COI Guidence Care Center - Signed FINANCIAL IMPACT: Effective Date: April 1, 2022 Expiration Date: April 1, 2024 Total Dollar Value of Contract: $75,930 Total Cost to County: 0 Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Yes Additional Details: NA REVIEWED BY: Shannon Weiner Completed 04/04/2022 2:00 PM James Molenaar Completed 04/04/2022 2:36 PM Purchasing Completed 04/04/2022 3:14 PM Budget and Finance Completed 04/05/2022 10:02 AM Brian Bradley Completed 04/05/2022 11:32 AM Lindsey Ballard Completed 04/05/2022 2:26 PM Board of County Commissioners Pending 04/20/2022 9:00 AM Qbdlfu!Qh/!661 D/32/b AGREEMENT FOR ENHANCED HAZARDMITIGATION MONROE COUNTY THE GUIDANCE / CARE CENTER,INC. th THIS AGREEMENTis made and entered this 16day of March, 2022 by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida(hereafter“County”), whose address is1100 Simonton Street, Key West, Florida, 33040, and THE GUIDANCE / CARE CENTER, INC., a Florida Not For Profit Corporation (hereafter “Guidance Care Center”), whose address is 3301 Overseas Highway, Marathon, Florida, 33050. WHEREAS,GuidanceCare Centerhasappliedto the Florida Department ofEmergency Management (FDEM)for aFEMAPre-DisasterMitigation (PDM) Grant; and WHEREAS, FEMA awardsPDM grant funds to State, U.S. Territory, and Federally recognized tribal Applicants, who in-turn provide sub-awards to local government sub-applicants; and WHEREAS,individual homeowners,businesses,and private non-profits may apply for funding through eligible local government sub-applicants; and WHEREAS,the County, as an eligible local government sub-applicant, has applied for a FDEMPDM grant on behalf ofGuidance Care Center;and WHEREAS,County and Guidance Care Centerdesire to set forth each party’sduties, rights and obligations; and WHEREAS, County and Guidance Care Centerexecuteda memorandum ofagreement rd January 23, 2020 for a termthat will expire on April 1, 2022; and WHEREAS,County andGuidance Care Centerdesire tocontinue said agreement to complete the hazardmitigation project; NOW THEREFORE,in consideration of themutual promises and conditions contained herein, the parties agreeas follows: th 1.AGREEMENT PERIOD. This agreementisextended for the period of March 16, Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* 2022, through April 1, 2024. This agreement shall remain in effect for the stated period unless one party gives to the other written notification of termination pursuant to and in compliance with paragraphs 11 and 23 below. Qbdlfu!Qh/!662 D/32/b 2.AMOUNT OF AGREEMENT,PAYMENTAND PROCUREMENT PROCESS. Payment for expenditures, to the extent provided for in this Agreement, permissible by law and County policies shall be made through reimbursement to Guidance Care Center. The County shall provide an amount not to exceed $75,930.00 to Guidance Care Center.The County shall reimburse Guidance Care Centerupon presentation of Application for Payment Summary, invoices, canceled checks, before and after pictures, County Representative signature of inspection and other documentation necessary to support a claim for reimbursement. Payment will be made after delivery and inspection by County and upon submission of invoice and documentation acceptable to the Clerk of Courts. 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. It shall be necessary for the Guidance Care Centerto contact the CountyEmergency Management Department (Jeff Manning –phone: (305) 289-6325, e-mail: Manning-Jeff@monroecounty-fl.gov and to arrange for inspection upon the completion of work for which Guidance Care Centerseeks reimbursement. It shall be the responsibility of the project managerfor Guidance Care Center to initiate the communication with the Monroe County Social Services Division to facilitate the inspection of the work. The application for payment document must be certified through a statement signed by an officer of theGuidance Care Centerorganization and notarized, declaring that representations in the invoice are true and factual. All work for which grant funds are to be expended must be completed by the stated termination date of April 1, 2024and all invoices pertaining to this project shall be submitted to the Finance Department of Monroe County no later than September 30, 2024 to be considered for payment. Procurement of all goods and services funded under this agreement shall comply with Article 18 of Exhibit A and Monroe County Purchasing Policies and Procedures. Allinitial costs associated with the procurement of the goods and services including, but not limited to, design, purchase and installation of the Enhanced Mitigation Equipment shall be paid by Guidance Care Center.Guidance Care Centershall be solely responsible for any and all costs for which reimbursement is denied by the Clerk of Courts. Guidance Care Centershall be solely responsible for any and all costs which exceed the sub-grant award amount of $75,930.00. Upon the completion of installation and successful final inspection, the generator and all associated equipment immediately becomes the property of Guidance Care Center, Thereafter, Guidance Care Center shall be solely responsible for all maintenance, repair and warranty work. 3.RECORDS AND REPORTS. Guidance Care Centershall keep such records as are necessary to document the performance of the agreement and expenses as incurred, and give access to these records at the request of the County, the State of Florida,the Florida Department Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* of Emergency Managementor authorized agents and representatives of said government bodies. Guidance Care Centershall also provide such access to the personal Property and equipment purchased under this agreement. It is the responsibility of Guidance Care Centerto maintain Qbdlfu!Qh/!663 D/32/b appropriate records in accordance with generally accepted accounting principles consistently applied to insure a proper accounting of all funds and expenditures. Guidance Care Center understands that it shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General for the State of Florida, the Florida Department of Emergency Management,the Clerk of Court for Monroe County, the Board of County Commissioners for Monroe County, or their agents and representatives. If an audit determines that monies paid to Guidance Care Centerpursuant to this agreement were spent for purposes not authorized by this agreement, Guidance Care Centershall repay the monies together with interest calculated pursuant to Sec. 55.03, F.S. running from the date the monies were paid to Guidance Care Center. 4.PUBLIC ACCESS.The County and Guidance Care Center shall keep and maintain public records, as defined by Chapter 119, Florida Statutes that are required to perform the services required by the contract. Guidance Care Center upon request from the County's custodian of public records, provide the County with a copy of the requested public records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law. County shall ensure that public records that are exempt or that are confidential and exempt from public record disclosure are not disclosed, except as authorized by law for the duration of the contract term and following completion of this Agreement ifGuidance Care Center does not transfer the public records to the County. Upon completion of this Agreement, Guidance Care Center shall transfer to the County at no cost, all public records in possession of Guidance Care Center or; keep and maintain public records required by the County to perform the Agreement services in accordance with the public records retention schedule set forth by the Florida Department of State, Division of Library and Information Services. If Guidance Care Center transfers all public records to the County upon completion of the Agreement, Guidance Care Center will destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the County, upon request of the County's custodian of public records, in a formthat is compatible with the information technology systems of the County. The County may unilaterally terminate this Agreement if Guidance Care Center refuses to allow access to all public records made or maintained byGuidance Care Center in conjunction with this Agreement, unless the records are exempt from section 24(a) of Art. I of the State Constitution and Chapter 119, Florida Statutes. 5.MODIFICATIONS AND AMENDMENTS. Any and all modifications of the terms of this agreement shall be only amended in writing and approved by the Board of County Commissioners for Monroe County. The terms, covenants, conditions, and provisions of this agreement shall bind and inure to the benefit of the County and Guidance Care Centerand their respective legal representatives, successors, and assigns. Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* 6.INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, Guidance Care Centeris an independent contractor.No statement contained in this agreement shall Qbdlfu!Qh/!664 D/32/b be construed as to find Guidance Care Centeror any of itsofficers,employees, contractors, servants or agents to beemployees of the Board of County Commissioners of Monroe County, and theyshall be entitled to none of the rights, privileges or benefits of employees of Monroe County. 7.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. 8.COMPLIANCE WITH LAW. In carrying out its obligations under this agreement, Guidance Care Centershall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provisions of this agreement, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this agreement and shall entitle the County to terminate this agreement immediately upon delivery of written notice of termination to Guidance Care Center. 9.NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Guidance Care Centerin 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. 10.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. 11.TERMINATION FOR BREACH. The Countymay immediately terminate this agreement for any breach of the terms contained herein. Such termination shall take place immediately upon receipt of written notice of said termination. Any waiver of any breach of covenants herein contained to be kept and performed by Guidance Care Centershall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the County from Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* declaring a forfeiture for any succeeding breach either of the same conditions or of any other conditions. Failure to provide County with certification of use of matching funds or matching in- kind services at or above the rate of request for reimbursement or payment is a breach of Qbdlfu!Qh/!665 D/32/b agreement, for which the Countymay terminate this agreement upon giving writtennotification of termination. 12.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 Guidance Care Centerand the County. 3.GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This 1 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. This agreement is not subject to arbitration. 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. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this agreement, the County and Guidance Care Centeragree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 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 Guidance Care Centeragree 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. The County and Guidance Care Centeragree 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, court costs, investigative, and out-of-pocket expenses in appellate proceedings. 14.ADJUDICATION OF DISPUTESOR DISAGREEMENTS. County and Guidance Care Centeragree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shallhave the right to seek such relief or remedy as may be provided by this agreement or by Florida law. This agreement Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* shall not be subject to arbitration. Qbdlfu!Qh/!666 D/32/b 15.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 Guidance Care Centeragree to participate, to the extent reasonably 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 Guidance Care Centerspecifically agree that no party to this agreement shall be required to enter into any arbitration proceedings related to this agreement. 16.ETHICS CLAUSE: Guidance Care Centerwarrants that ithas not employed, retained or otherwise had act on itsbehalf any 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 3 of Ordinance No. 10-1990. For breach or violation of the provision the Countymay, at its discretion terminate this agreement without liability and may also, at 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 or present County officer or employee. The County and Guidance Care Centerwarrant 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, Guidance Care Centeragrees 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.COVENANAT OF NO INTEREST. County and Guidance Care Centercovenant 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. 18.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. Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* 19.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 an agreement to provide any goods or services to a public entity, may not submit a bid on Qbdlfu!Qh/!667 D/32/b an agreement 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, sub-contractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Byexecuting this document Guidance Care Centerwarrants that it is in compliance with this paragraph. 20.AUTHORITY: Guidance Care Centerwarrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described. Each of the signatories for Guidance Care Centerbelow certifies and warrants that Guidance Care Center name in this agreement is the full name as designated in its corporate charter (if a corporation); they are empowered to act and contract for Guidance Care Center; and this agreement has been approved by the Board of Directors of Guidance Care Center or other appropriate authority. 21.INSURANCE: Guidance Care Centeragrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify Guidance Care Center and the Countyfrom any suits, claims or actions brought by any person or persons and from all costs and expenses of litigation brought against Guidance Care Centerfor such injuries to persons or damage to property occurring during the agreement or thereafter that results from performance by Guidance Care Centerof the obligations set forth in this agreement. At all times during the term of this agreement and for one year after acceptance of the project, Guidance Care Centershall maintain on file with the County a certificate of the insurance of the carriers showing that the aforesaid insurance policy is in effect. The following coverage’s shall be provided: A.Workers’ Compensation insurance as required by Florida Statutes. B.Commercial General Liability Insurance with minimum limits of $500,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be $250,000 per Person $500,000 per occurrence $50,000 property damage. C.Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined single limit per occurrence. Florida Department of Emergency Management and the County shall be named as additional insured, except workers’ compensation. The policies shall provide no less than 30 days’ Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* notice of cancellation, non-renewal or reduction of coverage. Guidance Care Center shall provide to the County, as satisfactory evidence of the required insurance, including the insurance policy application and either: Qbdlfu!Qh/!668 D/32/b •Original Certificate of Insurance, OR •Certified copy of the actual insurance policy, OR •Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk Management-Telephone at (305)295-3 for details (Certificatescan be e- maileddirectly fromthe insurance agency to:@MonroeCounty-FL.Gov) Anoriginal certificate or a certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the BOCC prior to the contract being executed by the Clerk’s office. The Insurance policy must state that the Monroe County BOCC and Florida Divisionof Emergency Management is the Certificate Holder and additional Insured for this contract (certificate only for workers’ compensation coverage). Insurance information should be mailed to: Monroe County Board of County Commissioners c/o Risk Management P.O. Box 1026 Key West, FL 33041 22.HOLD HARMLESS/INDEMNIFICATION. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Guidance Care Centershall defend, indemnify and hold the County and the County’s elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Guidance Care Centeror any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Guidance Care Centeror any of its employees, agents, sub- contractors or other invitees, or (C) Guidance Care Centerdefault in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Guidance Care Center). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* any earlier termination of this Agreement. Guidance Care Centershall immediately give notice to the County of any suit, claim or action brought against Guidance Care Centerthat is related to the activity under this agreement, Qbdlfu!Qh/!669 D/32/b and will cooperate with the County in the investigation arising as a result of any suit, action or claim related to this agreement. 23.NOTICE. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested to the following: r Guidance Care Center: Guidance/Care Center, Inc, A FL 501c3 not for profit corporation Fo Attn: Maureen Dunleavy 3000 41st Street Ocean Marathon, FL 33050 Any notice of breach, default, termination, legal claim, or demand for indemnity copied to: WESTCARE FOUNDATION, INC. ATTN: Executive Vice President 1711 Whitney Mesa Dr. Henderson, NV 89014 Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!66: D/32/b For County: Monroe County Emergency Management Attn: Jeff Manning rd 490 63St Ocean Suite 150 Marathon, FL 33050 And Monroe County Attorney’s Office th 1111 12 Street, Suite 408 Key West, Florida 33040 24.CLAIMS FOR FEDERAL OR STATE AID. Guidance Care Centerand 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; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 25.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. 26.NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, 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 andagreethat neither the County nor Guidance Care Centeror 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. 27.ATTESTATIONS. Guidance Care Centeragrees 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.NO PERSONAL LIABILITY. No covenant or agreement contained herein shall Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* 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 Qbdlfu!Qh/!671 D/32/b 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.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. 30.SECTION HEADINGS. Section headings have been inserted in this agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this agreement and will not be used in the interpretation of any provision of this agreement. 31.FEDERAL CONTRACTING REQUIREMENTS. All of the terms and conditions of the agreement between Monroe County and the State of Florida, Division of Emergency th Management datedJanuary 6, 2020 are incorporated herein as if set out fully. All of the requirements in said agreement applicable to “sub-recipient” shall apply to Guidance Care Center as if set out fully herein.Said agreement between Monroe County and the State of Florida, Division th of Emergency Management dated January 6 , 2020 is attached hereto as Exhibit A. Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!672 D/32/b Ejhjubmmz!tjhofe!cz! Kbnft!E/! Kbnft!E/!Npmfobbs! Ebuf;!3133/15/15! Npmfobbs 23;65;3:!.15(11( Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!673 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!674 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!675 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!676 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!677 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!678 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!679 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!67: D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!681 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!682 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!683 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!684 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!685 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!686 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!687 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!688 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!689 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!68: D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!691 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!692 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!693 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!694 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!695 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!696 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!697 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!698 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!699 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!69: D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!6:1 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!6:2 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!6:3 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!6:4 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!6:5 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!6:6 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!6:7 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!6:8 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!6:9 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!6:: D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!711 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!712 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!713 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!714 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!715 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!716 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!717 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!718 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!719 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!71: D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!721 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!722 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!723 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!724 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!725 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!726 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!727 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!728 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!729 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!72: D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!731 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!732 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!733 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!734 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!735 D/32/b Buubdinfou;!FYUFOTJPO!pg!Xftudbsf!HDD!NPB`VQEBUFE!5/2/3133!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!736 D/32/c Buubdinfou;!Npospf!Dp!Cpbse!pg!Dpnnjttjpofst!DPJ!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!737 D/32/c Buubdinfou;!Npospf!Dp!Cpbse!pg!Dpnnjttjpofst!DPJ!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!738 D/32/d Qbdlfu!Qh/!739 D/32/d Buubdinfou;!3133!15!DPJ!Hvjefodf!Dbsf!Dfoufs!.!Tjhofe!!)NPB!Fyufotjpo;!Hvjebodf!Dbsf!Dfoufs* Qbdlfu!Qh/!73: