FY1999 10/21/1998 AGREEMENT
This Agreement is made and entered into this'? -( day of 06t 998, 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 "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 vested and charged with certain duties and responsibilities relating to
the mental health and guidance of the citizens of Monroe County, and
WHEREAS, such services have been rendered by the Provider in the past and 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 1998 -99, now, therefore, m
IN CONSIDERATION of the mutual promises and covenants contained herearsPOs aecs
follows: t .., • , -77
1. AMOUNT OF AGREEMENT. The Board, in consideration of the Prc suliitanrlly
and satisfactorily performing and carrying out the duties and obligations oi ttig: Bcd al to
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rendering counsel to the citizens of the Lower Keys, Monroe County, Florida, i[i''m ers-cf rt ntal
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health and guidance, drug rehabilitation and providing transportation to treatment faciliRs as
required by Florida Statute 394.461 for Monroe County patients, agrees to:
a) Pay to the Provider the sum of One Hundred Seventy Thousand Six Hundred Sixteen
Dollars ($170,616.00) for rendering counseling services.
b) Pay an additional sum not to exceed Forty -three Thousand Dollars ($43,000.00) 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, 1998, and terminate
September 30, 1999, 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 $170,616.00 for
counseling, and $43,000 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
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 Provider'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
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. INDEPENDENT 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.
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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. COMPLIANCE WITH COUNTY GUIDELINES. The Provider demonstrate and sustain
compliance with:
(a) 501(c) (3) Registration;
(b) Board of Directors of seven or more;
(c) Annual election of Officers and Director;
(d) Annual provision of annual report to County;
(e) Corporate Bylaws;
(f) Corporate Policies and Procedures Manual;
(g) Hiring policies for all staff;
(h) Cooperate with County monitoring visits; and
(I) Semi - annual performance reports to be presented to County.
10. 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.
11. 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.
12. 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.
13. 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
obligation upon the Board in addition to the total agreed upon reimbursement amount for the
services of the Provider.
14. 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 recruiting, 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
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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.
15. AUTHORIZED SIGNATURES. 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.
16. 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: For Provider:
Monroe County Attorney Marshall Wolfe, Executive Director
310 Fleming Street, upstairs Care Center for Mental Health of the Lower Keys, Inc.
Key West, FL 33040 1205 Fourth Street
Key West, FL 33040
17. 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.
18. 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.
19. 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.
20. 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.
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21. 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.
IN WITNESS - WHEREOF, the parties hereto have caused these presents to
be exeiuted as of the day and year first written above.
(SEAL) ,': ja BOARD OF COUNTY COMMISSIONERS
ATTEST:AN■Y L. KOLHAC7+E, CLERK OF MON' • % COUNTY, FLORIDA
By eu , � By _..
p ty44 / Mayor /Chairman
ARE CENTER FOR MENTAL HEALTH
OF THE LOWER KEYS, INC.
(Federal ID No.SV 233136L )
/
Aire
W itn --s Director
By
Witn ss Preside /
jconiicarelk
APPROVED AS TO ' R
AND -AL SUFFI
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SWORN STATEMENT UNDER ORDINANCE NO. 10 -1990
MONROE COUNTY. FLORIDA
ETHICS CLAUSE
C a . C tw fly 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.
si
( g )
Date: /O 2 /$
STATE OF — /0 2 / 1/d
COUNTY OF /10 P2
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
0 �Ai2 5 4e // GC/e /f E who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this 2 c f day of
, 19 9 .
- / f.
N TARY PUBLIC
My commission expires:
OMB - MCP FORM #4 Ei spry slo mo
Jft'
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."
•
•
}
ATTACHMENT 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 they 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 will 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 questions regarding these
guidelines should be directed to SSephanie 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 Journal dates
employee name, salary, or hourly rate
hours worked during the payroll journal dates
withholdings 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 payroll taxes
Original vendor invoices must be submitted for Worker's Compensation anc. 'lability insurance
coverage.
Telephone expenses:
A user log of pertinent information 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 overnight or express deliveries, the original vendor invoice must be included.
Reproductions, copies, etc.:
1
A log of copy expenses as it relates to the County contract is required for rc imbursement. The
log must define the date, number of copies made, source document, purpo:;e, 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: please refer to Florida Statute 112.061.
Travel expenses must be submitted on a State of Florida Voucher for Reim °trsement of
Travel Expenses. Credit card statements are not acceptable documentation for r :m. irsement.
Airfare reimbursement requires the original passenger receipt portion of the airline picket. A
travel itinerary is appreciated to facilitate the audit trail.
Auto rental reimbursement requires the original vendor invoice. Fuel purchases should be
documented with original paid receipts.
Original taxi receipts should be provided. However, reasonable fares will be reimbi rsed without
receipts. Taxis are not reimbursed if taken to arrive at a departure point: for exei. tile, taking a
taxi from one's residence to the airport 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.
on
Mileage reimbursement is calculated at 20 cents pe wil be reimbursed at 25 cents per mile An
a county business. Effective October 1, 1994, mileage
el ; ( .)\ \ 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 Payroll 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)
SGRIFFITHS
WP51\PROCEDUR\EXP REIM
ATTACHMENT B
HUMAN SERVICE ORGANIZATION LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, Florida 33040
(Date)
The following is a summary of the expenses for (Human Service Organization name) for the time
period of to
- Check # Payee Reason Amount
101 A Company rent $xxxx.xx
102 B Company utilities $ xxxx.xx
103 D Company phones $xxxx.xx
104 Person A payroll $xx- - x.xx
105 Person B payroll $xx ox.xx
• (A) Total .$xxxx.xx
(B) Total prior $xxxx.xx
(C) Total requested and paid (A + B) $xxxx.xx
To) Total contract amount rIxxxx.xx
Balance of contract (D - C) , xxxx.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 other funding source.
Executive Director
Attachments (supporting documentation)
Sworn and subscribed before me this day of 199_.
Notary Public Notary Stamp