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01. Consent to Assignment 02/07/2010 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DA TE: March 23,2010 /' TO: Dent Pierce, Director Public Works Division FROM: Beth Leto, Assistant Director Public Works Division Pamela G. Hancock, Dt!1J' A TTN: At the March 17, 2010, Board of County Commissioner's meeting the Board granted approval of Consent to Assignment and Assignment and Assumption Agreement by The Guidance Clinic of the Middle Keys, Inc. to Guidance/Care Center, Inc.; and Approval of a Renewal Agreement with Guidance/Care Center, Inc. (formerly The Guidance Clinic of the Middle Keys, Inc.) for wastewater treatment processing from the Marathon Detention Facility. Enclosed is a duplicate original of each of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File~ CONSENT TO ASSIGNMENT This Consent to Assignment is entered into this 17th day of February, 2010, by and between Monroe County, a political subdivision of the State of Florida, hereafter COUNTY, and Care Center for Mental Health, Inc., hereafter ASSIGNOR, and Guidance/Care Center, Inc. hereafter ASSIGNEE. WHEREAS, on September 16, 2009, the COUNTY and ASSIGNOR entered into a contract for the provision of Residential Substance Abuse Treatment Program services; and WHEREAS, the Guidance Clinic of the Middle Keys and the Care Center for Mental Health, Inc. have merged; and WHEREAS, said agreement will be amended to substitute the name of Care Center for Mental Health, Inc. for that of Guidance Care Center, Inc.; and WHEREAS, the assets and operations of the ASSIGNOR have now been transferred to the ASSIGNEE; Now therefore, inconsideration of the mutual promises of the original agreement as amended herein, the parties agree as follows: 1. The Assignor assigns to Assignee all the Assignor's rights, title and interest in the original agreement. 2. In consideration for such consent, the Assignee agrees to be bound by all the terms and conditions of the original agreement, as amended above. 3. The remaining provisions of the agreement dated September 16, 2009, not inconsistent herewith, remain in full force and effect. S~(e Pi~kv- Printed Name \ \ L 1 ( MONROE COUNTY ATTORNEY ((J /\PPROVED AS TO FORM: ar..~ ~Il ~1~O ftJAf- fr.1ttt~, ( .d CHRIS INE M. LH\~BERT-BARROWS ASSISTANT COUNTY ATTORNEY Date / I~P\IJn I I (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BY~~C. ~ Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONR UNTY, LORIDA By: Witnesses: Care Center for Mental Health, Inc. (ASSIGNOR) By ()~\L-G ~~ ..,.. ,..., 1 Signature 2 ~ ~ ]d0'\le p ~pl<< ~5~ ~ Printed Name :~r; :~~ -~ ~ 1:2 C-) :;i~ ~:::?:);2 ?E .-.~ .:-, :I: :-' 4 J;;... C5 -,' · G1 .. ..-~ M N Guidance/Care Center, Inc. (ASSIGNEEf" BY:.v~ ~~ ~ff J!21(() ~ By: ~- UCl c- * ;/'1-1/ (J Date: d 1-"1 L J Witnesses: By f:'{)\~ ~~ I (""L 1 ((0 ~-k~ (' - ~l4.< 1!1l{eJ By: By Date: ..,., r'" rt1 o " <=> ::0 :::0 ", n o ::0 o .' ; . 1 ~ RESIDENTIAL SUBSTANCE ABUSE TREATMENT FUNDS AGREEMENT THIS AGREEMENT is made and entered into this 16th day of SeDtember. 2009, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Fl 33040, hereinafter referred to as "COUNTY," and The Care Center for Mental Health, hereinafter referred to as "AGENCY. " WITNESSETH WHEREAS, the Florida Department of law Enforcement has awarded a sub- grant of Residential Substance Abuse Treatment Funds to the COUNTY to implement a program that provides residential substance abuse treatment services to offenders held in local correctional facilities who have at least six months and no more than twelve months of their sentence left to serve; and WHEREAS, the County is in need of an implementing agency to provide said services under this Program; and WHEREAS, the AGENCY is the sole provider of this program; and WHEREAS, the COUNTY has agreed to disburse the Residential Substance Abuse Treatment Funds to the AGENCY in accordance with the COUNTY'S application for the Residential Substance Abuse Treatment Funds. NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and the AGENCY agree as follows: 1. TERM - The term of this Agreement is from September 1, 2009 through August 31,2010, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES - The AGENCY will provide services as outlined in the COUNTY'S Residential Substance Abuse Treatment Sub-grant Award, attached and made a part hereof. 3. FUNDS - The total project budget to be expended by the AGENCY in performance of the services set forth in Section 2 of this agreement shall be the total sum of $66,667.00. The total sum represents federal grant/state sub-grant support in the amount of $50,000.00 and local matching funds in the amount of $16,667.00, which amount shall be provided by the county through the grant matching funds account. All funds shall be distributed and expended in accordance with the Project Budget Narrative submitted as outlined in the grant agreement. 4. INCORPORATION BY REFERENCE - The provisions of those certain documents entitled "State of Florida Office of Criminal Justice Grants Florida Department of law Enforcement Sub-grant Award Certificate and Application" and all laws, rules and regulations relating thereto are incorporated by reference, (Attachment C). ..; . \ QI" /~~', \,;;-.'.. r...~I..... : c;_~ <~ , . 5. IMPLEMENTING AGENCY BOUND - The AGENCY is an implementing agency under the COUNTY'S Residential Substance Abuse Treatment Program, and shall be bound by all the provisions of the documents incorporated by reference in Section 4 of this Agreement. Additionally, the AGENCY shall be bound by all laws, rules, and regulations relating to the COUNTY'S performance under the Florida Department of Law Enforcement Residential Substance Abuse Treatment Grant Program. 6. BilliNG AND PAYMENT (a) The AGENCY shall render to the COUNTY, at the close of each calendar month, an itemized invoice properly dated, describing the services rendered, the cost of the services, and all other information required by the Program Director. The original invoice shall be sent to: Grants Administrator 11 00 Simonton Street Key West, FL 33040 (b) Payment shall be made after review and approval by the COUNTY within thirty (30) days of receipt of the correct and proper invoice submitted by the AGENCY. 7. TERMINATION - This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered to the other party. The COUNTY shall not be obligated to pay for any services provided by the AGENCY after the AGENCY has received notice of termination. In the event there are any unused Residential Substance Abuse Treatment Funds, the AGENCY shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. 8. ACCESS TO FINANCIAL RECORDS - The AGENCY shall maintain appropriate financial records which shall be open to the pUblic at reasonable times and under reasonable conditions for inspection and examination and which comply with the Agreement incorporated in Section 4 of this Agreement. 9. AUDIT - The AGENCY shall submit to the COUNTY an audit report covering the term of this Agreement, within one-hundred twenty (120) days following the Agreement's lapse or early termination and shall also comply with all provisions of the Agreement incorporated in Section 4 of this Agreement. 10. NOTICES - VVhenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, and sent to: FOR COUNTY: Grants Administrator 1100 Simonton Street Key West, FL 33040 FOR PROVIDER: Jamie Pipher Guidance Clinic/Care Center 1205 Fourth Street Key West, FL 33040 c f~ Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. 11. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the Florida Department of Law Enforcement cannot be obtained or cannot be continued at a level sufficient to allow for the services specified herein, this Agreement may then be terminated immediately, at the option of the COUNTY, by written notice of termination delivered in person or by mail to the AGENCY at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the AGENCY after the AGENCY has received notice of termination. 12. COMPLIANCE WITH LAWS AND REGULATIONS -In providing all services pursuant to this Agreement, the AGENCY shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provision of, such services, including those now in effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State of Florida and Article 1 of the United States Constitution, which provide that no revenue of the state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect or religious denomination or in aid of any sectarian institution. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to the AGENCY. If the AGENCY receives notice of material breach, it will have thirty days in order to cure the material breach of the contract. If, after thirty (30) days, the breach has not been cured, the contract will automatically be terminated. 13. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall assign this Agreement or any interest under this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other. 14. EMPLOYEE STATUS - The AGENCY is an independent contractor. Persons employed by the AGENCY in the performance of services and functions pursuant to this Agreement shall have no claim to pension, worker's compensation, unemployment compensation, civil service or other employee rights or priVileges granted to the COUNTY'S officers and employees either by operation of law or by the COUNTY. 15. INDEMNIFICATION - The AGENCY agrees to hold harmless, indemnify, and defend the COUNTY, its commissioners, officers, employees, and agents against any and all claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or related to the provision of services hereunder by the AGENCY. 16. ENTIRE AGREEMENT (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. A....,...'.'.'.."...... '. (- (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe County, Florida, on the day and year first written above. (SEAL) ATTEST: DANNY l. KOLHAGE, Clerk By:~M t. ~0J'i\~ Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MO ROE COUNTY, FLORIDA By: Lc )r)~ e.<r Mayor/Chairman Guidance CliniC/Care Center By~~QwSi:~ Title: 'RQ;:}O~\. \l~ 1\10NAOE COU"~TY ATTORNE'r "tJ.~PR'tVE.D" AS TO FORM: (. . .It" f,/;)(, , l~., y. /:{;..r'1<!JJ I~ CHRISTINE M. LJM8ERT-BAAAOWS ,'\S81 ST AI)I,T. C~U!:l TV ATTORNEY Date y'L~ .1,ll I MONROE C()f.Jt'JT"'{ I4.TTORNE'( PPRO\L!= l~.STO FORM: ' . ~ · · - tfJfhM C RISTIN .\1. '-'~-'BE. T-8AARC'vVS ASSISTA~T GC'1"!iI,'\TTOANEY Date IA3 I I ~, (f. ArrACHMENT 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 needs to also contain a notarized 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. Inter-company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense ;s 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. If a Payroll Journal ;s not provided, the following information must be provided: check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. lon'. r.1.'_ ~ Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel 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 112.061. 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 detailed list of charges is required on the lodging Invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal gUidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a pOint of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. 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. I~'" (' '"',~~;,,,""'''.'. ;~~ ~ il AnACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for (Organization name) for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending OS/28/01 XXX.XX (A) Total $ X.XXX.XX (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract CD-C) i _~/XXX.X~ I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding Source. Executive Director Attachments (SUpporting documentation) Sworn to and subscribed before me this _ day of by who is personally known to me. 20_ Notary Public Notary Stamp - ft. "/fI, ~ . PUBLIC ENTITY CRIME STATEMENT itA 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 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. " SWORN STATEMENT UNDER ORDINANCE NO. 10-199Q MONROE COUNTY. FLORIDA ffH~SE "\.Q.Q c.~ warrants that he/it has not employed, retained or oth~ ise had act on his/its behalf 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 commission, percentage, gift, or consideration paid to the former County officer or employee. deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, may, in its discretion, terminate this contract without liability and may also, in its discretion, Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County (signature) q - 5Q 'CF', , STATE OF ~l U(lcA..tl MCrv\. ro~ COUNTY OF PERSONAUY A~R'TP BEFORE ME, the undersigned authorIty, --J~\ e..... I - 1 \ r l.v( who, after first being Sworn by me, affixed his/her ~O t-Ir- signature (name of individual signing) in the space provided above on this ..::> day of ~ r- ~ btry , 20~. NOTARY PUBUC ~~~<~~.)d l . My commission expires: ....~~~:~-:. MARIANNE K. BENVENUTI :./'A'\: MY COMMISSION # 00617255 ~~: EXPIRES December 29. 2010 "~It'"~ (407)398-0153 FtOrtdaNotaryServlce.com OMB - MCP FORM #4 www.sunbiz.org - Department of State Page 1 of2 Home Contact Us E-Filing Services Document Searches Fonns Help Previous on List Next on List Return To List Entity Name Search Submit Events Name Historv Detail by Entity Name Florida Non Profit Corporation GUIDANCE/CARE CENTER, INC. Filing Information Document Number 726520 FEI/EIN Number 591458324 Date Filed OS/28/1973 State FL Status ACTIVE Last Event MERGER NAME CHANGE Event Date Filed 10/13/2009 Event Effective Date NONE Principal Address 3000 41ST STREET OCEAN MARATHON FL 33050 Changed 07/01/1991 Mailing Address 900 GRIER DRIVE LAS VEGAS NV 89119 Changed 06/15/2006 Registered Agent Name & Address BUSINESS FILINGS INCORPORATED 1203 GOVERNORS SQUARE BLVD. SUITE 101 TALLAHASSEE FL 32301-2960 US Name Changed: 06/15/2006 Address Changed: 06/15/2006 Officer/Director Detail Name & Address Title CD MAPES, LYNN 345 14TH ST KEY COLONY BEACH FL 33051 Title TD RAMSEY, COL. RICK 5525 COLLEGE RD. KEY WEST FL 33040 Title D MEARNS, MARJORIE 400 70TH STREET, GULF MARATHON FL 33050 Title PD STEINBERG, RICHARD 900 GRIER DR http://sunbiz.org/scripts/cordet.exe?action=DETFIL&in'Ldoc_ number=726520&in'L came... 1/26/2010 w\yw.sunbiz.org - Department of State LAS VEGAS NV 89119 Title D WALSH, THOMAS 180 28TH AVE. N. SAINT PETERSBURG FL 33704 Title VC SCHRADER, KATHLEEN 203 APACHE STREET TAVERNIER FL 33070 Annual Reports Report Year Filed Date 2007 02/12/2007 2008 03/03/2008 2009 04/24/2009 Document Images 10/13/2009 -- Meraer 04/24/2009 -- ANNUAL REPORT 03/03/2008 -- ANNUAL REPORT 02/12/2007 -- ANNUAL REPORT 06/15/2006 -- Rea. Aaent Chanae 04/12/2006 -- ANNUAL REPORT 03/20/2006 -- Amendment 04/08/2005 -- ANNUAL REPORT 03/22/2004 -- ANNUAL REPORT 03/25/2003 -- ANNUAL REPORT 02/20/2003 -- ANNUAL REPORT 02/20/2002 -- ANNUAL REPORT 01/30/2001 -- ANNUAL REPORT 02/08/2000 -- ANNUAL REPORT 02/24/1999 -- ANNUAL REPORT 02/06/1998 -- ANNUAL REPORT 03/04/1997 -- ANNUAL REPORT 03/05/1996 -- ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Events Name Historv Next on List Return To List Entity Name Search Submit I Home I Contact us I Document Searches I E-FilinQ Services I Forms I Help I CopyriQht and Privacy Policies Copyright @ 2007 State of Florida, Department of State. Page 2 of2 http://sunbiz.org/scripts/cordet.exe?action=DETFIL&in'L doc _ number=726520&in'L came... 1/26/2010 COVER LETTER TO: Amendment Section Division of Corporations SUBJECT: The Guidance Clinic of the Middle Keys, Inc. (Name of Surviving Corporation) The enclosed Articles of Merger and fee are submitted for filing. Please return all correspondence concerning this matter to following: James Hanna, General Counsel (Contact Person) WestCare Foundation, Inc~ (Firm/Company) 900 Grier Drive (Address) Las Vegas, NV 89119 (City/State and Zip Code) For further information concerning this matter, please call: James Hanna, General Counsel (Name of Contact Person) At (702 ) 385-2090, extension 302 (Area Code & Daytime Telephone Number) l.t ICertified copy (optional) $8.75 (please send an additional copy of your document if a certified copy is requested) STREET ADDRESS: Amendment Section Division of Corporations Clifton Building 2661 Executive Center Circle Tallahassee, Florida 32301 MAILING ADDRESS: Amendment Section Division of Corporations P.o. Box 6327 Tallahassee, Florida 32314 ARTICLES OF MERGER (Not for Profit Corporations) The following articles of merger are submitted in accordance with the Florida Not For Profit Corporation Act, pursuant to section 617.1105, Florida Statutes. First: The name and jurisdiction of the survivin2 corporation: Name Jurisdiction Document Number (Ifknown/ applicable) The Guidance CUnfc oftha Middle Keys, Inc. Florida 726520 Second: The name and jurisdiction of each merein2 corporation: Name Jurisdiction Document Number (Ifknownl applicable) The Care Center for Mental Health, Inc. Frorida 770177 Third: The Plan of Merger is attached. Fourth: The merger shall become effective on the date the Articles of Merger are filed with the Florida Department of State OR 1 0 / 15 / 09 (Enter a specific date. N01E: An effective date cannot be prior to the date of filing or more than 90 days after merger file date). (Attach additional sheets ifnecessary) Fifth: ADOPTION OF MERGER BY SURVIVING CORPORATION (COMPLETE ONLY ONE SECTION) SECTION I The plan of merger was adopted by the members of the surviving corporation on July 1 , 2008 The number of votes cast for the merger was sufficient for approval and the vote for the plan was as follows: 5 FOR 0 AGAINST SECTION IT (CHECK IF APPLICABLE) D The plan or merger was adopted by written consent of the members and executed in accordance with section 617.0701, Florida Statutes. SECTION ill There are no members or members entitled to vote on the plan of merger. The plan of merger was adopted by the board of directors on July 1, 2008 office was 8 . The vote for the plan was as follows: 5 AGAINST · The number of directors in FOR 0 Sixth: ADOPTION OF MERGER BY MERGING CORPORATION(s) (COMPLETE ONLY ONE SECTION) SECTION I The plan of merger was adopted by the members of the merging corporation(s) on June 11, 2008 . The number of votes cast for the merger was sufficient for approval and the vote for the plan was as follows: 6 FOR 0 AGAINST SECTION II (CHECK IF APPLICABLE) 0 The plan or merger was adopted by written consent of the members and executed in accordance with section 617.0701, Florida Statutes. SECTION III There are no members or members entitled to vote on the plan of merger. The plan of merger was adopted by the board of directors on June 11, 2008 . The number of directors in office was 7 . The vote for the plan was as follows: 6 FOR 0 AGAINST Seventh: SIGNATURES FOR EACH CORPORATION Name of Corporation Sienature.ofthe chainnanl Tvoed or Printed Name of Individual & Title vice chairman of the board or an officer. The Guidance Clinic of the Middle Keys, Inc. ~ Z ~~ Richard E. Steinberg, President The Care Center For Mental Health, Inc. ~LZ ~ Richard E. Steinberg, President PLAN OF MERGER The following plan of merger is submitted in compliance with section 617.1101, Florida Statutes and in accordance with the laws of any other applicable jurisdiction of incorporation. The name and jurisdiction of the survivin2 corporation: Name Jurisdiction The Guidance Clinic of the Middle Keys, Inc. Florida The name and jurisdiction of each mer2in2 corporation: Name Jurisdiction The Care Center for Mental Health, Inc. Florida The terms and conditions of the merger are as follows: See Attached Merger Agreement. A statement of any changes in the articles of incorporation of the surviving corporation to be effected by the merger is as follows: As part of the Plan of Merger adopted July 1, 2008, an amendment shall be filed to change the name of the surviving entity to Guidance/Care Center, Inc., to be effective as of the date of the amendment. Other provisions relating to the merger are as follows: Bylaws of The Guidance Clinic of the Middle Keys, Inc., were amended and restated July 1, 2008 as of the effective date of the merger as define in the Agreement of Merger. ARTICLES OF MERGER MERGING THE CARE CENTER FOR MENTAL HEALTH, INC. (A Florida Not For Profit COll'Oration) WIm AND INTO GUIDANCE CLINIC OF THE :MIDDLE KEYS, INC. (A Florida Not For Profit Corporation) } I.. ~ f: The Following Articles of Merger are submitted in accordance with the Florida Not For Profit Corporation Act pursuant to section 617.1105, Florida Statutes. Name of Corporation The Guidance Clinic of the Middle Keys, Inc. State of Incorporation Florida Not For ~ofit Corporatiol1 ~: (, (: ~~ ~ ~~ ~ ,." i First: The name and jurisdiction of the surviving corporation: Second: The name and jurisdiction ~f the merging corporation is: Name of Corporation The Care Center for MentalHealth~ Inc~ State of Incolporation Florida Not For Profit Corporation I, i- ~ t i Third: The Agreement and Plan of Merger is attached as Exhibit A. The Agreement and Plan of Merger has been adopted by the Board of Directors of The 'Guidance Clinic of the Middle Keys, Inc., and the Board of Directors of The Care Center for Mental Health~ Inc. o VotesAGAJNST. ! ~ t I. ~ :t C ~: i~ l~z f) ,~ i :' ~~~ j~~ ~ ~ Foorth: The merger shall become effective on October 15, 2009. Fifth: The Plan of Merger has been approved and adopted by the Board of Directors of the surviv.ing corporation, Guidance Clinic of the Middle.Keys, Inc. The members of the corporation are one and the same as the members of the Board of Directors, and the Plan of Merger was adopted by the Board of Directors of the merging corporation on July 01,2008. The number of directors in office was five. The vote for the plan was as follows: 5 Votes FOR IN WITNESS WHEREOF, theseA1ticles of Merger have been executed by The Guidance Clinic of the Middle Keys, Inc. on this 1st day of October, 2009. t. THE OUIDT/E CLINIC o.F TIIE MIDDLE.KEYS, JNe. L 'ii;~,~Chair I , / i \/ ~ ~ '!' ~ " !::r ~J ...: ~ :.~ ~~ i. I' n t: i -. ( I :t: r 1~ : :; i.:: : .- i t ~ ... Guidance Clinic of lhe Middle Keya. Inc. Page 2 WESTCARE FOUNDATION, INC. To~ FLORIDA DEPARTMENT OF ST Check Date: IOn/2009 Check Number: 12804 Inv'()i~,e',N~m:~,~ :O~te'S>',~::',:', : ':; : :. '. :. '. ': "Description Net Amount ", '. ..... ARTICLES OF N 10/6/2009 FILING FEES FOR MERGER OF GCMK & CCMH $78.75 Totals: $78.75 6' ~~'!e...:."""""","'<~J:'::rn"\~::'~Itili:l!~,U:i!K!H.I!ID3rd~l.!in'.L~~~~liliU~J(~"":161il~~mm..~~~r~'/;"".,,,,,,,,,,,,,~,,,,,,,,,,>,,,,,":lr-"~.",,,,--.r.="--..~.'1 WESTCARE FOUNDATION INC. Bank of Nevada , 7n N. Rainbow : P.O. BOX 94738 Las Vegas, NV 89107 LAS VEGAS. NV 89193-4738 FLORIDA DEPARTMENT OF STATE AMENDMENT SECTION ;J'f'r DIVISION OF CORPORATIONS -#~~ "?~ P.o. BOX 6327 ~~ ~'::' TALLAHASSEE. FL 32314 ~~~(c.c..~ ~~t~~'-l _ ':lJ..~~61!1~tbil~r&1W!.€Im3Bii1~:J:t~~.-lill;t.:f~d~~~~~~iI'd-~"~~ 11- 0 ~ 2 B 0 ~ III I: It ~ [.. 0 ir ? ? B I: ? 500 b CJ ? 5 0 ~ u- PAY *-Seventy eight and 75/100 Dollars** TO THE ORDER OF I I ,:. .:. - ,,' ' i . '., .:"., ! , - - - ~ .. "." . . . ,".- .- - '. - '''... .... .. ." .. . ..' "L:- .... -, .:.-.;. ". "i:,: .-~.~: . _.. __"" I . '.: -:, . - .:.. .. '. .. ", "... -0'" , . - .' -,' ,- '.' . .,-.:. ' -:.~. ,'-l '~fi"~~~1;;~:;:;i"~~i{;~i.t~~~ 'i~rl:J!~~r.~;t~lilll~ . :" -'.-.-:.~ .,' -..: .......: ::.....~::~.:.~:~=~:.:~.;-.:.; ,. '.' . ,...<.:'..:;::}~~i;_:'~~;:~~f:1" · ". ,\' ,', ;' ;:', <~:~ :'::;::;~":S \'}E~;:(~:'; I . - " ;: ~. '.:i .....:! . ~,l -' ;!: :.:1 94-177/1224 CHECK DATE CHECK NO. 10n/2009 12804 CHECK AMOUNT ~ ! [0 $** 78.75 i l I ! l.I) I i I . .". ~ I j~;:i;1.::B'!:{:J.~~;;~~;~t~4t~~~ ; <~~}{ ....'. i I ! ",' . i ! ...~,-_... .~,'.:.~ ,.,i , " WN,..1)> ~:"cif .S:S~ 2 !:r g :5. ~ft)(J::I f ~ -g. ~! ;:> ::r::S::'t ~ 't ~[o-~ T -6"~ ~ ii" p Jcg::J: i" ~etg~ l g~ 2: b. g. g; g Ib CD I>> ;r 5. 5~ ~ ~g'~ [ "S5. ~ !~i t ~~~ ) (IJ ar ~. % [ ? 3 0 o '< 3. 0 ~ ~ :T . !!. ~ g: ~ ~ ~ i ~ (I) 5" "8 ~ a o :J 2. g ID iU C" !!. n su ::J 0- m i g.. JD ::s Q. fR 2 ~ ::J ~ :i -~ 1 ;- !~ r r " @~ I"-l~ o~ C)) :~f 0.. -~ ~, ~) en -.. ef. ~~ -" ) ~.[ til~ ::c . 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