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Fiscal Year 1998 ANTI-DRUG ABUSE ACT FUNDS AGREEMENT THIS AGREEMENT is made and entered this "";;>. tl day of 7/ t, \I ( "i\ (~'L r:,.. 1997, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 5100 College Road, PSB Wing II, Stock Island, Key West, FL 3304(k r::) c:' hereinafter referred to as "COUNTY," and the Care Center for Mental Health- INMA '@ ~:~ .;.": INTERVENTION PROGRAM, whose adress is 1205 4th Street, Key West, 5 ~., FL 33040, hereinafter referred to as "INMATE." rn ~',~; I.:J C) c- ~ CD -..J C) ,." ~ ,:; -C ........ , , l -... ......- .:n ~ :3 WHEREAS, the Department of Community Affairs has awarded a subgrant ~nti~Drub Abuse Act Funds to the County for a Sheriff Department's Inmate Intervention/Res~ntial J:: Treatment Program I, providing substance abuse treatment for Monroe County Inmates; and '" WITNESSETH ...:J :'.7J r~-J C) I":':> ::0 o WHEREAS, the County is in need of an implementing agency to provide said services under this Program; and WHEREAS, the INMATE is the sole provider of this program; and WHEREAS, the COUNTY has agreed to disburse the Anti-Drug Abuse Act Funds to the INMATE in accordance with the COUNTY'S application for the Anti-Drug Abuse Act Funds. NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and the INMATE agree as follows: 1. TERM - The term of this Agreement is from October 1, 1997, through September 30, 1998, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES - The INMATE will provide services as outlined in the COUNTY'S Anti-Drug Abuse Subgrant Award, attached and made a part hereof. 3. FUNDS - The total project budget to be expended by the INMATE in performance of the services set forth in Section 2 of this agreement shall be the total sum of $118,860. The total sum represents federal grant/state subgrant support in the amount of$89,145 and local matching funds in the amount of$29,715, 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 outline in the grant agreement. 4. INCORPORATION BY REFERENCE - The provisions of those certain documents entitled "State of Florida Department of Community Affairs, Division of Housing and Community Development, Bureau of Community Assistance Subgrant Award Certificate and Application" therefor and all laws, rules and regulations relating thereto are incorporated by reference. 5. IMPLEMENTING AGENCY BOND - The INMATE is an implementing agency under the COUNTY'S Anti-Drug Abuse Program, and shall be bound by all the provisions of the documents incorporated by reference in Section 4 of this Agreement. Additionally, the INMATE shall be bound by all laws, rules, and regulations relating to the COUNTY'S performance under the Department of Community Affairs Grant Program. 6. BILLING AND PAYMENT (a) The INMATE 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: Ms. Deanna Lloyd, Grants Management Public Service Building, Wing II 5100 College Road 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 INMATE. 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 INMATE after the INMATE has received notice of termination. In the Event there are any unused Anti- Drug Abuse Act Funds, the INMATE shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. 8. ACCESS TO FINANCIAL RECORDS - The INMATE 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 INMATE 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 - Whenever 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 Ms. Deanna Lloyd, Grants Management Public Service Building 5100 College Road Key West, FL 33040 FOR PROVIDER Marsh Wolfe 1205 4th St. Key West, FL 33045 Either of the parties may change, by written notice as provided above, the adresses or persons for receipt of notices. 11. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the Florida Department of Community Affairs 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 INMATE at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the INMATE after the INMATE has received notice of termination. 12. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to this Agreement, the INMATE 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 statues, ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to the INMATE. If the INMATE 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 Ageement 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 - Persons employed by the INMATE 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 INMATE agrees to hold harmless, indemnify, and defend the C,OUNTY, 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 INMATE. 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. (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, Floricla, on the day and year first written above. .' jP*J.~, " f;~ '.' '~ (S~A];.r; y" f A tTE8T,: 'pANNY L. KOLHAGE, Clerk By:Jb~ e lJv/f~ Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF OE COUNTY, FLORIDA CARE CENTER OF MENTAL HEALTH d/b/a INMATE INTERVENTION - RESIDENTIAL PROGRAM I By: ~~ Title: Af;c/ &-/ ,/ c ~ Witness SWCllUl ST^TEMEtIT UrfDER OROIN^NCE N(J. 10-1990 MONROE COUNTY, FI.,OR I D^ ETHICS CLAtJSE $chf k.. /j ~/:H WinrC\nls that he/it h'ls not employ( retained or otherwis'? ha.d act on his/its beha.lf any formet County offic County officer or employee in violation of Section 3 of Ordinance No. or employee in viblation of Section 2 of Ordinance No. 10-1990 or any its discretion, terminate this contract without liability and may also, 10-1990. For breach or violation of this pt'ovision the County may, in in its discretion, deduct from th~ contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. ~~ signature) Date: //-/~-?7 Ao;'\/ JA STATE OF COUNTY OF (>70 IV ;<'0 ~ SUbsc,ibed ~nd sworn to (or affirmed) before me on Not..! /9 , /9 '17 (date) by , mAi2..S/-' W~(j:cZ. (name of affiant). He/She is~sonally know~)to me or has produced .------ as identification'. (type of identifiQation) c: ~')/~fb)/ .~:':;:"":': [ j i 0 ItOTARY PUBLIC MCPt4 REV. 2/92 rM!t~l_C ENTITY CRIME FORM - STATEMENT Any person submitting a bid or proposal in response to this invitation must execute the enclosed Form PUR 7068, SWORN STATEMENT UNDER SECTION 287.133(3) (A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his bid or proposal on behalf of dealers or suppliers who will ship commodities and received payment from the resulting contract, it IS your responsibility to see that copy(s) of the form are executed by them and are included with your bid or proposal. Corrections to tIle form will not be allowed after the bid or proposal opening time and date. Failure to co~plete this form in every detail and submit it with your bid or proposa~ will result in immediate disqualification of your bid or proposal.