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FY1998 10/15/1997 AGREEMENT 1 ;: . r .' This Agreement is made and entered into this ~ day of (;';(" ~/ Z C:-../::l.....~. 1997, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and CARE CENTER FOR MENTAL HEALTH OF THE LOWER KEYS, INC., hereinafter referred to as II Provider." WHEREAS, the Board and the Provider desire to enter into an agreement wherein the Board contracts for services from the Provider for the rendering of mental health services -to the citizens of the Lower Keys, Monroe County, Florida, and WHEREAS, the Board is ve~t;:;(~T~Ji";C~ c~-':~rged vvii'h certain duties and resj:::,:,nsibilities relating to the rner nal health and guidance of the citizens of Monroe County, and WHEREAS, such services have been rendered by the Provider in the pasrond have been invaluable to the citizens of the Lower Keys, and WHEREAS, it is proper and fitting to enter into an agreement for services to be rendered in the forthcoming fiscal year 1997-98, 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 and obligations of the Board as to rendering counsel to the citizens of the Lower Keys, Monroe County, Florida, in matters of mental health and guidance, drug rehabilitation and providing transportation to treatment facilities as required by Florida Statute 394.461 for Monroe County patients, agrees to: a) Pay to the Provider the sum of One Hundred Sixty-four Thousand Six Hundred Twenty- nine Dollars ($164,629.00) for rendering counseling services. b) Pay an additional sum not to exceed Fifty Thousand Dollars ($50,000.00) for the providing of transportation of patients in Monroe County to treatment facilities (Baker Act Transportation) . 2. TERM. This Agreement shall commence on October 1, 1997, and terminate September 30, 1998, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be paid monthly as hereinafter set forth. Certified monthly financial and service load reports will be made available to the Board to validate the delivery of services under this contract. The monthly financial report is due in the office of the Clerk of the Board no later than the 15th day of the following month. After the Clerk of the Board pre-audits the certified report, the Board shall reimburse the Provider for its monthly expenses. However, the total of said monthly payments in the aggregate sum shall not exceed the total amount of $164,629.00 for counseling, and $50,000 for Baker Act transportation cost during the term of this agreement. To preserve client confidentiality required by law, copies of individual client bills and records shall not be available to the Board for reimbursement purposes but shall be made available only under controlled conditions to qualified auditors for audit purposes. 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 rendering counsel in the matter of mental health and guidance to the citizens of the Lower Keys, Monroe County, Florida, and transporting patients in Monroe County to treatment facilities in accordance with Florida Statute 394.459. The Provider shall provide these services in compliance with Florida Statutes Chapter 394. Said services shall include, but are not limited to, those services described in Provider1 s Details of Specific Program for Which Funding is Requested, attached hereto as Exhibit C and incorporated herein. 5. 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 2 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. 6. 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. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 7. JNDEPENDENT CONTRACTOR. At all 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. 8. 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. 9. 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. 10. INSURANCE. As a pre-requisite of the services supplied under this contract, the Provider shall obtain, at its own expense, insurance to cover all of its activities. 11. 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. 12. 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 3 obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the Provider. 13. .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 re.cruiting, 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(s) for positions under this agreement. The Provider shall not discriminate against any person on the basis of race, creed, color, national origin, sex or sexual orientation, age, physical handicap, financial status or any characteristic or aspect in its providing of services. 14. AUTHORIZED SIGNA TU RES. 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 act and contract for the Provider; and (c) This agreement has been approved by the Board of Directors of the Provider if the Provider is a corporation. 15. 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, upstairs Key West, FL 33040 For Provider: Marshall Wolfe, Executive Director Care Center for Mental Health of the Lower Keys, Inc. 1205 Fourth Street Key West, FL 33040 16. CONSENT TO JURISDICTION. This agreement shall be construed by and governed under the laws of the State of Florida and venue for any action arising under this agreement shall be in Monroe County, Florida. 4 17. 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. 18. 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, 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. 19. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. 20. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to..such subject matter between the Provider and the Board. ...'" / "". ..-". tN'~... ~rNESS WHEREOF, the parties hereto have caused these presents to be.e1~'tX~~ of the day and year first written above. ~"~ ,/ '\.,,;:f"". .,.::-.... ::Y'~'" ,',' " . ( S E~t} 'i-;:'-~'~~ ATTEST: DANNY L. KOLHAGE, CLERK BY~C. ~j~ ~ Deputy Clerk airman (FederallD No. 5-,-2 ~f j I~; 6 2 ) CARE CENTER FOR MENTAL HEALTH OF THE LOWER KEYS, INC. ~--;...-- B~~~ Director ~ By /~~~~~ ~~ Witness Witness jconiicarelk L )~ ~ :/ ~_. \. ~- ',,-- CCMH Funding Request FY 96/97 Page 4/5 13. The Care Center utilized less than three volunteers for a total of 24 hours. Volunteers served as maintenance workers. Due to F.S. 394 "Confidentiality" The Care Center can not utilize volunteers to serve clients. 14. Board members receive psycho-educational training. AGENCY OPERATIONS 15. Yes, in accordance with guidelines established by the Department of Health and Rehabilitative Services. Clients acknowledge receipt of their rights on an HRS form. 16. The Care Center has contractual agreements with the Monroe County School District as well as the Monroe County Sheriffs Department to provide services in their organizations. A management information system officer is employed jointly by all three community mental health centers in Monroe County. The Care Center provides psychiatric care for clients of AIDS HELP, Inc. while AIDS HELP, Inc. provides Psychological services. The Care Center acts as the contractual source for HelpLine to receive funding from HRS. 17. Yes, The Care Center programs are monitored by several agencies. The Dept. of HRS, both Alcohol, Drug Abuse and Mental Health together with Children and Family SErvices divisions. The Dept. of Corrections, Medicaid, Persons with Disabilities Advocacy Center and an independent auditor. FINANCIAL INFORMATION 18. The Care Center receives in-kind office space for the programs offered in conjunction with the Monroe County School District Life Skills Counseling program. The value is estimated at $12,000 office space at three school programs. 19. Fund raising expenses 0\. Administrative expenses 14\. 20. Attached. DETAILS OF SPECIFIC PROGRAMS FOR WHICH FUNDING IS REQUESTED 21. The Care Center is requesting funding for three programs. They are: Outpatient Counseling - To provide psychiatric and psychological services to the residents of the Lower Florida Keys. Crisis Intervention/Stabilization - Services are provided 24 hours a day, seven days a week, 365 days a year to determine the mental status and appropriate mental health services for residents of the Lower Florida Keys. CCMH Funding Request FY 96/97 Page 4/5 F.S. 390 The Mental Health Act, a.k.a., Baker Act Transportation. Residents determine to meet the criteria of F.S. 394, "Involuntary Hospitalization" are transported to the appropriate facility. 22. The programs of the Care Center for Mental Health meet the psychiatric and psychological needs of all residents in the Lower Florida Keys. Residents who are in danger to themselves are others receive the care they need as well as other residents in need of substance abuse or behavioral health treatment. 23. The Care Center caseload is over 5,000. The caseloads at the Care Center exceed all HRS established criteria. The Care Center continues to provide services in accordance with F.S. 390 "The Baker Act" for over 200 residents a year. Approximately 3,650 crisis intervention services are provided each year. 24. Outpatient services are provided at 1205 Fourth Street during normal business hours, M-F, 9-5. Crisis Intervention/Stabilization services are also provided at Fourth Street as well the local hospitals. There are times that crisis services are provided where needed such as during S.W.A.T. operations. F.S. 390 The Mental Health Act, a.k.a., Baker Act Transportation. Services are provided throughout South Florida as determined by the status of the resident. 25. The Care Center will implement measurable outcome standards as established by the Florida Council for Community Mental Health and contractual criteria. ATIACHMENT A Expense Reimbursement Requirements This document is intended to provide "basic" guidelines to Human Service Organizations, county travellers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as tliey relate to travel, are from Florida Statute 112.061, which is attached for reference. A cover letter summarizing the major line items on the reimbursable expense ~equest should also contain a certified statement such as: I certify that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners. Invoices should be billed to the contracting agency. Third party payments win 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 qUestil)ns regarding these guidelines should be directed to Stephanie Griffiths at 305-292-3528. Payroll: A certified statement verifying the accuracy and authenticity of the payroll expenses. If a Payroll Journal is provided, it should include: Payroll J oumal dates employee name, salary, or hourly rate hours worked during the payroll journal dates withhoJdings where appropriate check number and check amount If a Payroll Journal is not provided the fOllOwing must be listed: check number, date, payee, check amount support for applicable payroIl taxes Original vendor invoices must be submitted for Worker's Compensation :m~.;ability insurance coverage. Telephone expenses: A user log of pertinent infonnation must be remitted: the party called, the caller, the telephone number, the date, and the purpose of the call must be identified. Telefax, fax, etc.: A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Supplies, services, etc.: For supplies or services ordered the County requires the original vendor invoice. Rents, leases, etc.: A copy of the rental agreement or lease is required. Deposits and advance p;..yments will not be allowable expenses. Postage, overnight deliveries, courier, etc.: A log of all postage expenses as it relates to' the County contract is required for reimbursement. For C?vernight or express deliveries, the original vendor invoice must be included. Reproductions, copies, etc.: A log of copy expenseS' as it relates to the County contract is required for f( imbursement. The log must define the date, number of copies made, source document, purpo.ie, and -ecipient. A reasonable fee for copy expenses will be allowable. For vendor services, the original vendor invoice is required and a sample of the finished product. Travel expenses: plea.se refer to Florida Statute 112.061. Travel expenses must be submitted on a State of Florida Voucher for Reim~ 'u"Sement of Travel Expenses. Credit card statements are not acceptable documentation for f' .m. Jrsement. Airfare reimbursement requires the original passenger receipt portion of the ainine :i~ket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the original vendor invOIce. Fuel purc.hases should be documented with original paid receipts. Original taxi receipts should be provided. However, reasonable fares will be reimbl r~ed without receipts. Taxis are not reimbursed if taken to arrive at a departure point: for eX2'. ole, taking a taxi from one's residence to the airpon for a business trip is not reimbursable. Original toll receipt~ should be provided. However, reasonable tolls will be reimbursed without receipts. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. Lodging reimbursement requires a detail listing of charges. The original lodging invoice must be submitted. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls (see previous guidelines) are not allowable expenses. Per diem lodging expenses may apply. Again, refer to Florida Statute 112.061. Meal reimbursement is breakfast at $3.00, lunch at $6.00, and dinner at $12.00. Meal guidelines are that travel must begin prior to 6 am for breakfast reimbursement, before noon and end after 2pm for lunch reimbursement, and before 6pm and end after 8 pm for dinner reimbursement. \ ~~\ Mileage reimbursement is calculated at 20 cents per mile for personal auto mileage while on county business. Effective October 1, 1994, mileage will be reimbursed at 25 cents per mile. An odometer reading must be included on the state travel voucher for vicinity travel. A mileage map is attached for reference to allowable miles from various Florida destinations. Mileage is not allowed from a residence or office to a point of departure: for example, driving from. one's home to the airport for a business trip is not a reimbursable expense. Data processing, PC time, etc.: The original vendor invoice is required for reimbursement. Intercompany allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department (see Payi-oll above) are attached and certified. The following expenses are not allowable for reimbursement: penalties and fines non-sufficient check charges fundraising contributions capital outlay expenditures (unless specifically included in the contract) depreciation expenses (unless specifically included in the contract) SGRITFITHS WP51 \PROCEDUR\EXP _REIM A TT ACHf\1ENT n I-IU~1AN SERVICE ORGANIZATION LETTER~IEAD l\1onroe County Board of County COlllmissioners Finance Department 500 Whitehead Street Key West, Florida 33040 (Date) The following is a summary of the expenses for (Human Service Oreanization_name) for the time period of _ to _ : Check # Payee Reason ]01 A Company 102 B Company 103 D Conlpany 104 Person A 105 Person B Amount rent utilities phones payroll payroll $xxxx.xx $xxxx.X( $xxxx.xx $xx~-x.xx $x). <x.xx (A) Total Sxxxx.xx (8) Total priorpayments $xxxx.xx (C) Total requested and paid (A + D) $xxxx.xx {D) Total contract amount (. ..~xxxx.xx Balance of contract (D - C) $xxxx.x,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 01 her funding source. Executive Director Attachments (supporting documentation) Sworn and subscribed before me this _ day of 199_. i~otary Public Notary Stamp SWQRN STATEMENT UNDER QRDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE //!d~5~// /~/# warrants that he/it has not employed, retained or otherwise 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 Section 3 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. ~~4//~ (signatufe ) Date: /~- t:27-77 STATE OF ~IOYic"lu COUNTY OF i v1l~ n , C J (> -3 PERSON ALL Y APPEARED BEFORE ME, the undersigned authority, (~ Rer~I"J 1-1 Ll ,-I eLi I who, after first being sworn by me, affixed hislher signature (name of individual signing) in the space provided above on this 2J( ..fl" day of o cJ-c/J1L 77_ ,19 9 7 C · (Z( k,~/y. NOTARY PUBLIC My commission expires: i> :if (cJ'/.?~ OMB - Mep FORM #4 <;i!! r:'nc\vn II Other I D 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 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list."