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12/18/1996BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL (305) 289-6027 FAX (305) 289-1745 cu"'. G f':T'al t M t i ;Dannp I. jkotjage CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHMHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 MEMORANDUM TO: Deanna Lloyd Grants Management FROM: Ruth Ann Jantzen, Deputy Clerk XA11 DATE: January 9, 1997 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL (305) 852-7145 FAX (305) 852-7146 On December 18, 1996, the Board of County Commissioners granted approval and authorized execution of the Fiscal Year 1997 Anti -Drug Abuse Agreement for the Sunshine House Project 97-CJ-6J-11-54-01-096, and to execute the sub -contract (Sunshine House Funding Agreement) with the Florida Keys Outreach Coalition for program implementation. Enclosed for your use in this matter, are two duplicate originals of each of the above Agreements for your handling. If you have any questions regarding the above, please do not hesitate to contact this office. cc: County Attorney ' Finance County Administratortiw/o document File SUNSHINE HOUSE FUNDING AGREEMENT THIS AGREEMENT is made and entered this 18th day of December , 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 FLORIDA KEYS OUTREACH COALITION, whose address is 801-A Emma Street Key est, Florida hereinafter referred to as "FKOC". WITNESSETH WHEREAS, the FKOC operates Sunshine House, a supportive transitional housing facility which provides an alcohol/drug free safe supervised living environment, case management, assistance in finding employment and housing for working or work ready male offenders recovering from substance abuse and who are either recently released from jail or in a pre-release program; and WHEREAS, the COUNTY is in need of an implementing agency to provide rehabilitative services and residential facilities under this Program; and WHEREAS, the FKOC 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 FKOC 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 FKOC agree as follows: 96- Section 1. TERM The term of this Agreement is from 11/18/_ tftug h 9/30/97 . the date of the signature by the parties notwithstcflfidling,,' nless 0 earlier terminated as provided herein. w Section 2. SERVICES - The FKOC, through the Sunshino Houso program, will provide rehabilitative services in the form of providing an alcohol/drug free safe supervised living environment, case management, assistance In finding employment and housing for working or work ready male offenders recovering from substance abuse who are either recently released from jail or in a pre-release program. Section 3. FUNDS - The total project budget to be expended by the FKOC In performance of the services set forth in Section 2 of this agreement shall be the total sum of $9,765.33. The total sum represents federal support in the amount of $7,324.00 and local matching funds of $2,441.33. 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 FKOC is an implementing agency under the County Sunshine House program, and shall be bound by all the provisions of the documents incorporated by reference in Section 4 of this Agreement. Additionally, the FKOC shall be bound by all laws, rules, and regulations relating to the COUNTY'S performance under the Department of Community Affairs Grant Program. 5p,cliQ,p 6. BILLING AND PAYMENT (a) The FKOC 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 N E (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 FKOC. 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 FKOC after the FKOC has received notice of termination. In the event there are any unused Anti -Drug Abuse Act Funds, the FKOC shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. Section 8. ACCESS TO FINANCIAL RECORDS - The FKOC 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 FKOC 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 FKOC/SUNSHINE HOUSE: Pat Valerga 801-A Emma Street Key West, FL 33040 3 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 by mail to the FKOC at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the FKOC after the FKOC has received notice of termination. Section 12. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to this Agreement, the FKOC 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 FKOC. If the FKOC 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 FKOC 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. 4 Section 15. INDEMNIFICATION - The FKOC 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 FKOC. Section 16. INSURANCE - The FKOC 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 - . _'y --, as/con/sunshine Monroe County, Florida, on the day and year first written above. BOARD OF COUNTY COMMISSIONERS Of By FLORIDA KEYS OUTREACH COALITION, INC. By: Presided APPROVED AS TO FORM AND LEGAL SUFFICI (. 5 BY U NNE A UTTON DATE 1996 Edition MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless for Public Welfare and Special Events The Promoter or Provider of the Special Event (hereafter referred to as Promoter) 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 the event sponsored by the Promoter. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. ATTACHMNT A PWSE Administration Instruction #4709.2 97 PURCHASING-DEPT. ID:3052924515 DEC 04'96 11:54 No.005 P.01 SWORN STATEMENT UNDER Ot DMANCC NO, 10-1990 MUNROR COUNTY, FLORIDA ETHICS CLAUSE w,irrant-r; that he/it has not employed retained or otherwise had aUt: on his/its behalf any forme! County office or employee in violation of Section 2 of Ordinance No. 10-1990 or any County offl.cer or employee in violation of Section 3 of' Ordinance No. 10-1990. For breach or violation of thi t: provision the County may, in its discretion, t-(?rtninat.e this coat r.ar.t wi rttotit liability and may also, in its discretion, deduct- from the contract or purchase price, or otherwise recover., the full amount of any f.ee, commission, percentage, gift, or consideration paid to the former County officer or employee. c gnatu Hate STATE OF COUNTY OF u Subscribed and sworn to (or affirmed) before me (elate) by (name of offiant). He/She is pe//�llrsonally known to /me of has produced ��y�� U� �� i2� �y As identification. It (type of identification) •mq� * MYCOMMI SS" ' M4878M EXPIRES NoVernber 22, 1999 P, ,h NNOM TNRU TROY FAIN INSURANCE, INC. l NOTARY PU13LIC MCP#4 REV. 2/92 PURCHASING-DEPT. ID 3052924515 DEC 04'96 11:54 No.005 P.02 EU LIC" ENMY CRIME STATEMENT All invitations to bid, request for proposals and any contract document shall contain a statement which reads as follows (Section 287.133 F.S.): "A person or affiliate who has been placed on the convicted vendor list foilowing a conviction for public entity cringe may not submit a bid on a contract to provide any goods or services to a public cntity, 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 CATRCQRY TWO for a period of 36 months from the date of being; placed on the convicted vendor list."