01/30/1991 Agreement► ' 'OUNTP
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BRANCH OFFICE CLERK OF THE CIRCUIT COURT
3117 OVERSEAS HIGHWAY MONROE COUNTY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET
TEL. (305) 743-9036 KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
M E M O R A N D U M
To: George Harper, Director
Division of Management Services
From: Rosalie L. Connolly, Deputy Clerk
Date: February 8, 1991
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
On January 30, 1991, the Board of County Commissioners
accepted the recommendation of the Drug Policy Board to
award to the Guidance Clinic of the Middle Keys the contract
to implement"a pilot .residential/work release program.
Attached is one duplicate original and one Xerox copy of the
Anti -Drug Abuse Act Funds Aqreement, now executed and sealed
by all parties. The duplicate original (raised seal) should
be returned to the Guidance Clinic and the Xerox copy kept
in your proper departmental records.
Rosalie L. C, nolly
Deputy Clerk
Attachments
cc: County Attorney
County Administrator
Finance Director
File
' 91 FEB 7 Pal `i 59
GE
CT
THE GUIDANCE CLINIC OF THE MIDDLE KtBi;r iJtdTY.FLA.
ANTI -DRUG ABUSE ACT FUNDS AGREEMENT
THIS AGREEMENT is made and entered this 30th day of
.T.4Ni IARY , 1991, by and between MONROE COUNTY, a
political subdivision of the State of Florida, whose address
is 5100 Jr. College Road, PSB Wing II, Stock Island, Key
West, Florida 33040, hereinafter referred to as "COUNTY,"
and THE GUIDANCE CLINIC OF THE MIDDLE KEYS, INC., a
non-profit organization, whose address is 3000 41st Street
Ocean, Marathon, Florida 33050, hereinafter referred to as
"GUIDANCE CLINIC."
W I T N E S S E T H:
WHEREAS, the Department of Community Affairs has
awarded a subgrant of Anti -Drug Abuse Act Funds to the
County for a Pilot Residential/Work Release Program; and
WHEREAS, the COUNTY is in need of an implementing
agency to provide professional services to drug offenders
in a Residential/Work Release Program; and
WHEREAS, the GUIDANCE CLINIC is the most responsible
and qualified bidder; and
WHEREAS, the COUNTY has agreed to disperse the
Anti -Drug Abuse Act Funds to the GUIDANCE CLINIC in
accordance with the Pilot Residential/Work Release
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 February 1 , 1991, through November 14, 1991,
the date of the signature by the parties notwithstanding,
unless earlier terminated as provided herein.
SECTION 2. SERVICES. The GUIDANCE CLINIC will
provide professional services as outlined in the proposal
requirements of the Request For Proposal Anti -Drug Abuse
Intervention Program and the Pilot Residential Work Release
Program Application for Anti -Drug Abuse Funds, 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 SIXTY-EIGHT THOUSAND SEVENTY THREE AND
N0/100 DOLLARS ($68,073.00). The total sum represents
federal support in the amount of FIFTY-ONE THOUSAND FIFTY
FIVE AND N0/100 DOLLARS ($51,055.00) and local matching
funds of SEVENTEEN THOUSAND EIGHTEEN AND N0/100 DOLLARS
($17,018.00). All funds shall be distributed and expended
in accordance with the Project Budget Narrative submitted as
a part of the Application for Anti -Drug Abuse Act Funds.
SECTION 4. INCORPORATION BY REFERENCE.
The provisions of that certain document entitled "State of
Florida Department of Community Affairs, Division of
Emergency Management, Bureau of Public Safety Management
Subgrant Application for Anti -Drug Abuse Act Funds" and all
laws, rules and regulations relating thereto are
incorporated by reference.
SECTION 5. IMPLEMENTING AGENCY BOUND.
The GUIDANCE CLINIC, as an implementing agency under the
COUNTY's Anti -Drug Abuse Residential/Work Release Program,
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 COUNTY,
at the close of each calendar month, and 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:
Mr. George Harper
Director, Management Services
5100 Jr. College Rd.
PSB Wing II, Stock Island
Key West, Florida 33040
(b) Payment shall be made after review and
approval by COUNTY within thirty (30) days of receipt of the
GUIDANCE CLINIC invoice.
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
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 B. 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•
Mr. George Harper
Director, Management Services
5100 Jr. College Road
PSB Wing II, Stock Island
Key West, Florida 33040
FOR THE GUIDANCE CLINIC:
David P. Rice, Ph.D.
The Guidance Clinic of
the Middle Keys, Inc.
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 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 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
provisions of, such services, 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 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. Neither party to this
Agreement shall assign this Agreement, nor any interest
arising herein, 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. IDEMNIFICATION. The GUIDANCE CLINIC
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 GUIDANCE CLINIC.
SECTION 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, Florida, on the date and
year first written above.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
� w
By
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
Witness
DAVID P. Rice, Ph.D.
The Guidance Clinic of
the Middle Keys, Inc.
F-,'PROVED A : i0 FOR11"
AND LECAL AU,fjF/CIEIV"'
en �r �;, Office
s
IV. PROPOSAL REQUIREMENTS
(1) To provide Statement of Qualification to include a de-
scription of the staff organization of the firm and facility.
(2) To provide diagnostic services, psychosocial assess-
ments, case management services, tracking, and short-term
counseling in a residential drug treatment program.
(3) To provide employment assessment and assist in the coor-
dination of appropriate employment referral.
(4) Establish fiscal control and fund accounting procedures
to assure proper disbursement and accounting of subgrant
funds and required non-federal expenditures.
(5) Submit at a minimum: Quarterly Performance Reports,
Annual Performance Report and Monthly Financial Claim Re-
ports.
(6) Retention of all records/financial documents for a mini-
mum of three years.
(7) Thirty day commencement of project upon award of con-
tract by the Monroe County Board of County Commissioners.
(8) Provide full disclosure regarding administrative ac-
tions against the individual or firm by the State of Florida.
(9) A minimum of three (3) beds shall be provided.
(10) Complete Non -Collusion Affidavit. See attached copy.
(11) Assurance of the bidder's ability to meet criteria for
contracting with a local government unit if selected, which
includes:
a. To provide proof of Professional Liability Insurance
with minimum limits of $1,000,000 and General Liability
with minimum limits of $1,000,000
b. Indemnification and Hold Harmless. Vendor agrees to
indemnify and hold Monroe County harmless from any and
all claims, liability, losses and causes of action
which may arise out of the fulfillment of the agree-
ment. The Vendor agrees to pay all claims and losses
and shall defend all suits filed due to the negligent
acts, errors, or omissions of its employees and/or
agents, including related court costs.
4
C. Statement on Public Entity Crimes. At the time of
contract finalization, the Vendor will supply a nota-
rized SWORN STATEMENT UNDER Section 133(3)(j), FLORIDA
STATUTES ON PUBLIC ENTITY CRIMES.
5
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P . S. 7.
NON -COLLUSION AFFIDAVIT
Anti -Drug Abuse intervention Program
Residential/Work Release
State of Florida
SS $
County of Monroe
w, David P. Rice, Ph.D.
in the county of --Monroe of ::he city
according to law on my oath depose and saylthat;
of Marathon
being duly sworn
I am Chief Executive Officer
of the Middle Keys, Inc.
of the firm of The Guidance Clinic
the bidder making the Proposal for
the above named project, and that I
executed the said proposal
with full authority to do so: that said bidder has
not,
directly or indirectly, entered into an agreement, participated
in any collusion
or otherwise
Free competitive bidding in
taken any action in restraint of
connection with
the above -named.
Project; and that said statements contained in said proposal and
in
this affidavit are, true
knowledge that
and correct, and made with full
Monroe County
statement contained in said
relies upon the truth of the
Proposal and in
contained in this affidavit
the statements
in awarding contracts for
project.
said
Subscribed and sworn to
before me this /3"41
date of IvOVe r)l b.1,1-- 1990
NOTARY PUBLIC, STATE OF FLORIDA
MY COMMISSION EXPIRES MAR. 2. 1991.
SONOEO TMRU NOTAkY PUSUL UNOERWRITERS.
NOTARY PUBLIC
,Y
s'gnature of bidder)
date)
LIMM
MWAMERICAN EMPIRE
SURPLUS LINES
INSURANCE COMPANY
A DELAWARE STOCK COMPANY; ADMINISTRATIVE OFFICES. CINCINNATI. OHIO
DECLARATIONS
GENERAL LIABILITY POLICY
Policy No. 0 SL 4 71 00
Guidance Clinic of the Middle Keys, Inc.
NAMED
�•
INSURED 11399 Overseas Highway
Marathon, FL 33050
MAILING
ADDRESS
l__.
Policy Period From 6-30-90 To 6-30-91
12:01 A.M. Standard Time at the address of the Named Insured as stated herein.
Pan Two ... This Declarations page and Coverage Part(s) with "Policy .'rovisions-Part One" completes the above numbered policy.
1.
The Insurance afforded is only with respect to such of the following Coverage Parts designated[B. The limit of the Company's liability against
each such Coverage shall be as stated herein, subject to all the terms of this policy having reference thereto.
Owners', Landlords' and Tenants' Liability Insurance ..... ❑
ADVANCE
Manufacturers' and Contractors' Liability Insurance......
COMBINED SINGLE LIMIT
PREMIUM
Completed Operations and Products Liability Insurance. ..❑
OF LIABILITY
Comprehensive General Liability Insurance .........KI
EACH OCCURRENCE
AGGREGATE
Bodily Injury Liability and/or Property Damage Liability
$4500.00
$ 1, 000, 0OF-S
11000, 000
Personal Injury Liability .......................❑
$
S
Endorsements and Additional Coverage Parts # (identify by Form Numbers)
SL0287; SL0288; SL0223B; SL0014B; SL0259A; L9151; GU271;
Endorsements ail, #2, #3, #4
s5194.00
AUDIT PERIOD: ANNUAL (Unless Otherwise Stated) Total Advance Premium
$9694.00
2.
The Named Insured is: ❑ individual; ❑ partnership; n corporation; ❑ other Minimum &
Amount and Basis of Deductible S 1000. per claim for all coverages per attached endt. Deposit
Location of all premises owned by, rented to or controlled by the Named Insured
3.
4.
(ENTER "SAME" IF' SAME LOCATION AS AOORESS SHOWN IN ABOVE)
Same & 11287 Overseas Highway, Marathon, FL
Interest OVOT -4,kq" ig sA ExTrfl*i0R V T M General Lessee ❑ Tenant ❑ Other
AGENT'S ADDRESS: P. O. Box 427, Daytona Bch.; 3201-5
Part occ d Entire
5. Schedule of General L ility Hazar
Descripti ar
Rates
Advance Fremiums
B.I.
P.D.
B.1.
P.D.
No.
Bases
Premises—Opj t iosuranze is &cued pursuant to the
Fio;i-la Surplus I Laves. Persons insured
Heaj} be galf- Fav3U:tt d&s—dMsicda[b,.,e the
FLAT CHARGE
$4500.
Included
pro'ecti,�n oi t;.2 Insurance Guaranty
Act to shi e 'ent of any r;Zlit of recovery
fcr the ;i;,n v; an in:�;;vela unli;,ensed
insurer.
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FILE I: a- 1c) �'! RTE7
(a) Area (Sp. Ft.)
(b) Frontage
(a) Per 100 Sp. Ft. of Area
(b) Per Linear Foot
munerstron
(d) Receipts
{i
(c) Per $100 of Remuneration
(d) Per $100 of Receipts
P ; E M: U'l Ti .X
(e) units
(e) Per Unit
Independent QQ�r to _ E 1I
Incl e
cost
Per $100 of Cost
Included
Included
Products/Corlr'pGw�t1�'1�r6tidias') i CnJ�a� L; I J;'
-
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---
Inca - � �
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(a) Rec e.0 t
sales
tl or Receipn
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Included
Included
—
tiLiam
AMERICAN EMPIRE
_ BURPLUS uNES
,NYURANC! COMPMNV
A DELAWARE STOCK COMPANY; AOMMISTRATIVC MTMX4 CINCINNA-n. OF110
GENERAL JRPOSE ENDORSEMENT
ENDORSEMENT NO. 5 TO POLICY NO. OSL47100
EFFECTIVE DATE 8/15/90
NAMED I (ADDITIONAL) (RETURN) PREMIUM:
INSURED GUIDANCE CLINIC OF THE MIDDLE KEYS, IN .
DUE HEREWITH $
PRODUCER McAlear Associates, Inc.
REVISED FUTURE INSTALLMENTS S
In consideration of the premium charged, it is hereby understood and
agreed the following location is added to the policy for General
Liability coverage only:
3. 3000 41st Ocean Street
Marathon, FL 33050
/.Lr•;;': ROB tT THOMAS, III
ACE i 1Ti:` �•
1 , .1_.. .: O. '_tix 121 , Doy:cra Bch.,, 32�1
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• !++�`r' t,_+U LU- it P.
S«'ORN STATCAIENT UNDER SECTION U7.133(3) (u),
EWRIDA STATUTES ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCIa OF A NOTARY PUBLIC OR OTHER OFFICER
AUTHORIZED TO ADMINISTER OATHS.
C1. This sworn statement is submitted with Bid, Proposal or Contract N P� . o
for Anti —Drug Abuse Intervention Program
2. This sworn statement is submitted by The -Guidance 'Clinic of the Middle Kevs, Inc.
[name of entity subttniming sworn statement)
whose business address is 3000 41st St. Ocean, Marathon, FL 33050
and
(if applicable) its Federal Employer identification Number (PEN) is 59-1458324
(If the entity has no FEIN, include the Social Security Number of the individual signing this swain
statement:
3.y nameDavid P. Rice, Ph.D. )
and my relationship to the
(Please print name of Individual signingj
entity named above is Chief Executive Officer
4• 1 understand that a "public entity crime• as defined in Paragraph 287.133(1)(g), Florida Statutes.
means a violation of any state or•fed=l law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other
state or with the United States, including, but not limited to, any bid or contract for goods or
services to be provided to any public entity or an agency or political subdivision of any otter state
Or of the United States and involving antitrust, fraud, theft, bribery, collusion, raci;eteering
conspiracy, or material misrepresentation. ,
�• 1 understand that "convicted' or "conviction' as defined in Paragraph 287.133(1)(b),-Florida Starutes
means a Finding of guilt or a conviction of a public entity crime, with or without an adjudication of
guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty
or nolo cantendere.
6. 1 understand that an 'affiliate' as defined in Paragraph 287.133(1)(a), E1qd1La1RqaM means:
1. A predec=or or successor of a person convicted of a public entity crime: or
2• An entity under the control of any natural person who is active in the management of the
entity and Who liar been comricted of a public entity crime. The term *a ate, itzcludes those
Officers, directors, executives, partners, shareholders, employees, members, and agents who are active
in the management of an affiliates The ownership by one person of shares constituting a controlling
Interest in another person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person controls
another person. A person who !;noNvin;ly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 .sontrs shall be considered an
affiliate.
�L understand that a 'person" as defined in Paragraph 287.133(1)(e), Florida Stat-1 means any
natural ermon or entity organized under the laws of any stat„ or of the United States with the legal
power to enter into a binding contract and which bids or applies to bid on contracts for the provision
Of goods or serrices let by a public entity, or which otherwise transacts or applies to 'Mrisact business
%•lift a public entity. 7ite tern; "person" includes those officers, directors, execu
shareholders, eniplovices, mcmbe�, and agents who ate active tives, partite;;,
in management of cu entity.
8 Based on information and belief, the statement which I have marked below is true in relation to the
cntit), submitting this sworn statetr_ert. fi'lwse indicate which stuternent applies.)
12
t
X Neither the entity submitting this sword statement, nor any off%rs, directors, executives,
partners, shareholders, employees, members, or agents who are active in management of the entity,
nor any affiliate of the entity have been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or snore of the officers, directors,
ectt�~
extivea, partners, Shareholders, employees, ntrarlbers, or agents who are active in management .of
the entity, oran afrdiate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989, AhM (Please indicate which additional statement applies.]
There has boon a proceeding concerning *the conviction before a hearing,officer of
hetate of Florida, Division of Administrative Hearings. The final order entered by the
hearing officer did not place the person or affiliate on the convicted vendor list. (Please
attach a copy of the Qtlal order.]
The person or affiliate was placed on the convicted vendor HsL 72tere has be= a
subsequent proceeding before a hearing officer of Ae . State of Florida, Division ' of
Administrative Hearings. The final order entered by the bearing officer determined that it
was in the public interest to remove the person or affiliate from the con -Acted vendor liL
[Please attach a copy of the final order:]
- The person or affiliate has not been placed da the .convicted vendor USL (FleMe
describe any action taken by or pending with the Department of General 'Services.j
[9igAALure] .
Date
STATE OF Florida
COUgTy OF Monroe
PERSONALLY APPEARED BEFORE NLr., the undersigned authority,
David P. Rice, Ph.D. who, after fast beatg sworn -by tie, affixed his/her signature
(name of individual sighing]
in the space provided above on this 13th day of November 990
NOTARY PUBLV."
.My commission, expires:
NOTARY PUBLIC. STATE OF FLORIDA
MY COMMISSION EAPi1<ES MAR. Z. 1991.
BONDED THRU NOTARY IUBWC UN06RWRITERB/
Form PUR Io68 (Rev. 11/89) �-
13