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FY1997 11/12/1996ANTI -DRUG ABUSE ACT FUNDS AGREEMENT THIS AGREEMENT is made and entered this day of%\/604,"11 `Rl , 1996 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 33040, hereinafter referred to as "COUNTY," and the GUIDANCE CLINIC OF THE MIDDLE KEYS, INC., whose address is 3000 41st Street, Ocean, � n Marathon, FL 33050, hereinafter referred to as "GUIDANCE CLINIC". Q c m c3 WITNESSETH W .^J WHEREAS, the Department of Community Affairs has awarded a subgrant of An 'y 9 ru c Abuse Act Funds to the County for a Keys to Recovery Program, providing alternatives to incarceration and recovery therapy for non -dangerous criminal offenders; and WHEREAS, the COUNTY is in need of an implementing agency to provide rehabilitative services and residential facilities under this Program; and WHEREAS, the GUIDANCE CLINIC is the sole provider of this social model program; and WHEREAS, the COUNTY has agreed to disperse the Anti -Drug Abuse Act Funds to the GUIDANCE CLINIC in accordance with the COUNTY'S Alcohol/Drug Recovery Facility 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 GUIDANCE CLINIC agree as follows: Section 1. TERM - The term of this Agreement is from October 1, 1996, through September 30, 1997, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. Section 2. SERVICES - The GUIDANCE CLINIC will provide rehabilitative services as outlined in the COUNTY'S Keys to Recovery Subgrant Award, attached and made a part hereof. Section 3. FUNDS - The total project budget to be expended by the GUIDANCE CLINIC in performance of the services set forth in Section 2 of this agreement shall be the total sum of $77,800. The total sum represents federal support in the amount of $58,350 and local matching funds of $19,450. All funds shall be distributed and expended in accordance with the Project Budget Narrative submitted as outlined in the grant agreement. Section 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. Section 5. IMPLEMENTING AGENCY BOND - The GUIDANCE CLINIC is an implementing agency under the COUNTY'S Keys to Recovery Program, and shall be bound by all the provisions of the documents incorporated by reference in Section 4 of this Agreement. Additionally, the GUIDANCE CLINIC shall be bound by all laws, rules, and regulations relating to the COUNTY'S performance under the Department of Community Affairs Grant Program. Section 6. BILLING AND PAYMENT (a) The GUIDANCE CLINIC 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 Stock Island, 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 GUIDANCE CLINIC. Section 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 GUIDANCE K CLINIC after the GUIDANCE CLINIC has received notice of termination. In the event there are any unused Anti -Drug Abuse Act Funds, the GUIDANCE CLINIC shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. Section 8. ACCESS TO FINANCIAL RECORDS - The GUIDANCE CLINIC 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. Section 9. AUDIT - The GUIDANCE CLINIC 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. Section 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, Wing II 5100 College Road, Stock Island Key West, Florida 33040 FOR GUIDANCE CLINIC: Dr. David Rice Chief Executive Officer 3000 41st Street, Ocean Marathon, Florida 33050 Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. Section 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 3 by mail to the GUIDANCE CLINIC at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the GUIDANCE CLINIC after the GUIDANCE CLINIC has received notice of termination. Section 12. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to this Agreement, the GUIDANCE CLINIC 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 I, Section 3 of the Constitution of the State of Florida and Article I 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 GUIDANCE CLINIC. If the GUIDANCE CLINIC 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. Section 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. Section 14. EMPLOYEE STATUS - Persons employed by the GUIDANCE CLINIC 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. Section 15. INDEMNIFICATION - The GUIDANCE CLINIC agrees to hold harmless, indemnify, and defend the COUNTY, its commissioners, officers, employees, and agents against any and all 4 claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or related to the provision of services hereunder by the GUIDANCE CLINIC. Section 16. INSURANCE - The GUIDANCE CLINIC shall comply with the Monroe County Risk Management Manual governing insurance requirements for contractors performing work for Monroe County, Florida, incorporated in Attachment A. Section 17. 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, Florida, on the day and year first written above. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Y b'eputyClerk ill'171.`9�i Mayor/airman Witness as/contracts/guid l THE GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. i By: .' W��, /X1J Chief E cutive Officer APPROVED AS TO FORM AND LE UFFICIE BY R A HUT N 5 PUBLIC 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 PUBLIO 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 the form will not be allowed after the bid or proposal opening time and date. Failure to complete this form in every detail and submit it with your bid or proposal will result in immediate disqualification of your bid or proposal. SWORN STATEMENT UNDER ORD I NANC E NO. 10 -199 0 ETHICS CLAUSE M9NROE COUNTY, FLORIDA warrants that he/it has not employed retained or otherwise had act on his/its behalf any former County office 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. r (si natu e) STATE OF COUNTY OF t"'�OYi a4. Date: Subscribed and sworn to (or affirmed) before me on tl��.Sig(p (date) by David. T. IZ:c.e4 N D. (name of offiant) . He/She is Eersonally known to me or has produced as identification. (type of identification) FW-- CIAL NOTARY SEAL NOTARY PUBLIC DEBRA L DUBOIS MMISSION NUMBER CC417387 COMMISSION EXP, EC. 2 1998 MCP14 REV. 2/92 April 22. 199 1 I sl 1'rinl ing WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MON ROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida and the company or companies must maintain a minimum rating of A -VI, as assigned by the A.M. Best Company. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self - insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. Admmi%trauvc Ilittnidion WC 1 1 f147021 91 A1xi1 22. 1993 1d (YiiHing GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or afler the etiective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Administrative InArudion GL I H4749.1 54 April 22. 199a Isl Priding PROFESSIONAL, LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involve..-, the furnishing of advice or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $250,000 per Occurrence/$500,000 Aggregate Administrative Indnx1ion PRO I 1 114709.1 72 April 22. 1993 1st lYirding VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non -Owned, and I lired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Administrstivc Irronrcticm VL 1 t 04709 1 75