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HomeMy WebLinkAboutItem C21 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 17,2010 Division: OMB Bulk Item: Yes 1L- No Department: Grants Staff Contact Person: Lisa Tennvson/292-4444 AGENDA ITEM WORDING: Approval to assign current contracts in the name of Guidance Clinic of the Middle Keys, Inc. and Care Center for Mental Health, Inc. to the new merged organization, Guidance/Care Center, Inc. ITEM BACKGROUND: The Guidance Clinic of the Middle Keys, Inc. and the Care Center for Mental Health, Inc. merged effective October 2009, to form the Guidance/Care Center, Inc. The Care Center has two contracts with the County and the Guidance Clinic has one. These contracts will be changed to reflect the new name of the organization. This is the only change to the contracts. PREVIOUS RELEVANT BOCC ACTION: Approval of contracts for the Care Center for Mental Health, Inc. in September 2009. Approval of contract for the Guidance Clinic of the Middle Keys, Inc. in October 2009. CONTRACT/AGREEMENT CHANGES: Changes will be made to reflect the new name of the merged organization. STAFF RECOMMENDATIONS: Approval TOTAL COST: o BUDGETED: Yes No COST TO COUNTY: o SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Attft~hasing _ Risk ManagemenJ1l<;, DOCUMENTATION: Included -1L Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: Guidance/Care Center CONTRACT SUMMARY Effective Date: September 1, 2009 October 1, 2009 Expiration Date: August 31, 2010 September 30, 2010 Contract Purpose/Description: Name change on contracts with Guidance Clinic and Care Center to Guidance/Care Center due to merger. Contract Manager: Lisa Tennyson (Name) for BOCC meetinq on 2/17/10 4444 (Ext.) OMB/Grants Mgt. (Department) Agenda Deadline: 2/02/10 CONTRACT COSTS Total Dollar Value of Contract: $ I,D&O. 5:JD.cD Current Year Portion: 1/> I )DUJO, 52-DOO (approx. ) Budgeted? Yes X No Grant: County Match: $0 Account Codes: rot -o?,J.]D - ~3c"3'-/O- 06/ - Ot SOl - 5303'/0 CiJI - 0 152& - -'530 3'-to 001- 01 6 or; - .'i~3'to 001 - 015=)5 - 530 3'fo ADDITIONAL COSTS $ &;0 0 ) Cx:;(') ~ 3D; 1'lS" tt Ln, ilJ df ;M5; 1'15 4t I" &) Deo A1?~7)n Division Director (y-I-!-j.-KJ Risk Mana~emento ~jjo fJL'-' ~\J \,'1o...,~ O. M. B./Purchasing 1-~C1-IO County Attorney i/~ Comments: CONTRACT REVIEW Changes Needed YesD No[iV/ YesD No~ YesD N~ YesD No[] a~1Jj1? d'~JU~J-&r1~d'ld OMB Form Revised 9/11/95 MCP #2 Date Out :;J1Jj{) ~-((() '/~~ 1 iff3/-1L ') CONSENT TO ASSIGNMENT This Consent to Assignment is entered into this 17th day of February, 2010, by and between Monroe County, a political subdivision of the State of Florida, hereafter COUNTY, and Guidance Clinic of the Middle Keys, Inc., hereafter ASSIGNOR, and Guidance/Care Center, Inc. hereafter ASSIGNEE. WHEREAS, on October 21,2009, the COUNTY and ASSIGNOR entered into a contract for the provision of mental health services, including Baker Act transportation services; and WHEREAS, the Guidance Clinic of the Middle Keys, Inc. and the Care Center for Mental Health, Inc. have merged; and WHEREAS, said agreement will be amended to substitute the name of Guidance Clinic of the Middle Keys, Inc. for that of Guidance Care Center, Inc.; and WHEREAS, the assets and operations of the ASSIGNOR have now been transferred to the ASSIGNEE; Now therefore, inconsideration of the mutual promises of the original agreement as amended herein, the parties agree as follows: 1. The Assignor assigns to Assignee all the Assignor's rights, title and interest in the original agreement. 2. In consideration for such consent, the Assignee agrees to be bound by all the terms and conditions of the original agreement, as amended above. 3. The remaining provisions of the agreement dated October 21, 2009, not inconsistent herewith, remain in full force and effect. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By: Mayor/Chairman Witnesses: Guidance Clinic ofthe Middle Keys, Inc. (ASSIGNOR) By q,;,S~~OA Ja utA Ie ?'I f' ~ v Printed Name By: BYC?~"~{- 0-fi1 I (J- '1 (, .;) !t,;~ lur ( {ztt {/ikv~ ((2-7/(.) Date: 1{~7I(0 Witnesses: Guidance/Care Center, Inc. (ASSIGNEE) BY:\)C{}~ , . Signature By,Q~ ,Jvn:5';{~ (----~ (/~7((0 , By Ll/;rY1/t( lLCi {~ 1/'1-7/'.; Cn75fLt~ ::J Q\M;.( PI' fk..v Printed Name Date: Ih....1(t.) MONROE COUNTY ATTORNEY ~ROVEO AS TO F.ORM: / -Jt:' 0 ~, Q, p.tfi2t~ '1j(hJ f L.\ CHRISTINE'M. LIMBERT-BARROWS ASSISTANT ~OUNTY ATTORNEY Date IleA 1[ I D This Agreement is made and entered into this 21st day of October, 200g, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and the GUIDANCE CLINIC OF THE MIDDLE KEYS, INC., hereinafter referred to as "Provider." AGREEMENI 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, inCluding Baker Act transportation services, to the citizens of 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 County, and WHEREAS, It is proper and fitting to enter into an agreement for services to be rendered in the forthcoming fiscal year 2009-2010, now, therefore, IN CONSIDERATION of the mutual promises and covenants Contained herein, it is agreed as follows: FUNDING 1. AMOUl'lt OF AGREl;ME/'jL The Board, In consideration of the Provider SUbstantially and satisfactorily performing and carrying out the duties and obligations of the Board, shall reimburse the PrOVider for a Portion of the ProVider's expenditures for Baker Act hospital, physician and crisis stabilization services, as billed by the Provider, for clients Qualifying for Such services under applicable state and federal regulations and eligibility determination procedures, and for Baker Act tranSportation services, non-Baker Act mental health services and substance abuse treatment. This cost shall not exceed a total reimbursement of ONE MILLION SIX1Y THOUSAND FIVE HUNDRED TWENTY AND NO/lOa DOLLARS ($1,060,520.00), during the fiscal year 2010, payable as follows: a) the SUm of THREE HUNDRED SIX1Y ONE THOUSAND ONE HUNDRED NINETY FIVE AND NO/lOa DOLLARS ($361,195.00) for mental health services, InclUding detoxification, long- term Substance abUse treatment, and long-term psychiatric treatment services, crisis stabilization, community mental health and substance abUse services, and Baker Act/Marchman Act tranSportation services. b) the SUm of SIX HUNDRED THOUSAND AND NO/lOa DOLLARS ($600,000.00) for residential Services and mental health and substance abuse services, such as screening and assessment, information and referral, outreach, preVention, intervention, coUnseling and therapy, psychiatric services, aftercare, supportive hOUsing, and Psychosocial rehabilitation. c) the SUm of THIRTY THOUSAND, ONE HUNDRED, FORTY-EIGHT, AND NO/lOa DOLLARS ($ 30, 148.00) for Com m unity T ranspo rta tion Coordinator related services. d) the SUm of SIXTY-NINE THOUSAND, ONE HUNDRED, SEVENTY-SEVEN, AND NO/lOa DOLLARS ($69,177.00) for Keys to Recovery residential treatment services. 2. TERM. This Agreement shall commence on October 1, 2009, and terminate September 30, 2010, unless earlier terminated pursuant to other proviSions herein. Guidance Climc of the Middle Keys FY10,0 page 1 I 3. PAYMENT. Payment will be paid monthly as hereinafter set forth. Baker Act Billing Summary Forms, 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. Payment for Baker Act and Marchman Act tranSportation services shall be made according to the rate schedule set forth in Attachment D, subject to the maximum amounts set forth in Paragraph 1. a. above. 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 shown in Article 1, above, 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. The organization's final invoice must be receiVed Within sixty days after the termination date of this contract shown in Article 2 above. Payment for services other than Baker Act will be made periodically, but no more frequently than monthly, as hereinafter set forth. Reimbursement requests will be Submitted to the Board via the Clerk's Finance Office. The COUNTY shall only reimbUrse, Subject to the funded amounts below, those reimbursable expenses which are reViewed and approved as COmpiying with Monroe County Code of Ordinances, State laws and regulations and Attachment A _ Expense Reimbursement Requirements. EVidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with SUpporting documentation attached. The letter should Contain a notarized certification statement. An example of a reimbursement request cover letter Is included as Attachment B. The organization's final invoice must be received within thirty days after the termination date of this contract shown in Article 2 above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the aggregate SUm shall not eXceed the totai amount shown In Article 1, above, during the term of this agreement. 4. 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. 5. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall be, and Is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all apPlications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 6. 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. RECORD KEEPING 7. RECORDS. PROVIDER shall maintain all bOoks, records, and dOcuments directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized repreSentatives shall have reasonable and timely access to Such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years fOllOWing the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by Guidance Clinic of the Middle Keys FY1000 page 2 this Agreement, the PROVIDER shall repay the monies together with interest calcuiated pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER. 8. PU8LIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its controi subject to the provisions of Chapter 11 g, Florida Statutes, and made or received by the County and PROVIDER in cOnjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER. 9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the COUNTY the following (items A-I must be provided prior to the payment of any invoices): (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of which there must be five or more; for each board member please indicate when elected to serve and the iength of term of service; (c) Evidence of annual election of Officers and Directors; (d) Unqualified audited Financial statement from most recent Fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; (e) IRS Form 990 from most recent fiscal year for all organizations; (f) Organization's Corporate Bylaws, which must inciude the organization's mission, board and membership composition, and process for election of officers; (g) Organization's Policies and Procedures Manual which must Include hiring policies for ali staff, drug and alcohol free workplace Provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (I) Initial Performance Report describing services provided during the prior fiscal year. The performance reports shall include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. UJ Final Performance Report describing services rendered during the current grant period (to be furnished Within 30 days after the contract end date.) The performance reports shali include statistical information regarding the types and frequencies of services provided, a profile of clients (including residency) and numbers served, and outcomes achieved. (k) Cooperation With County monitoring visits that the County may request during the contract year; and (i) Other reasonable reports and information related to compliance With applicable laws, contract provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES 10. S(;QPE 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 Monroe County, Florida. The Provider shall provide these services In compliance with Florida Statutes Chapter 394. Baker Act and Marchman Act tranSportation services which are COvered under this agreement may be subcontracted, but are Subject to the rates set forth in Attachment D, and the limitations above. The subcontractor shall be Subject to all of the conditions of this contract, including but not limited to insurance and hOld-harmiess requirements, as Is the Provider. Guidance Clinic of the Middle Keys FY10; page 3 ! . 11. ACCESS TO FUELING FACILITIES. The County shall provide aCcess to the Provider's vehicles at all County fueling facilities. The County shall grant the Provider a license for the use of the real property and its improvements for each fueling site. The Provider agrees that only those individuals authorized by the County to use the fueling sites designated in this agreement shall have twenty-four hour access to said sites, and that they shall either be maintained open or access otherwise provided to them by a uniform key system on such a twenty-four hour basis. The County shall bill the Provider for fueling and other related services and materials utilized by the Provider at the fueling sites within the County's Immediate control and as previously set forth in this agreement. Said billing by the County to the Provider shall Include an administrative surcharge, as adopted by the Monroe County Board of County Commissioners annually, for processing, servicing, and handling. The Provider shall reimburse the County within thirty (30) days of the date of issuance of the bill. Access to the Fuel Sentry System shall be provided by an electronic memory key, which shall be issued by the County to all authorized designated users of the fueling sites, and as contemplated by this Agreement. For PUrposes of uniformity, the Monroe County Fleet Management Department shall be responsible for establishing a uniform electronic key system for use by both the County and the Provider under this agreement, and shall establish and maintain poliCies and procedures for identification, control, and distribution of all keys issued. 12. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that In the eVent any cause of action or administrative proceeding Is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 13. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 14. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to compiy with the standards of conduct for pUblic officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; miSuse of public Position, conflicting employment or contractual relationship; and disclosure or use of certain information. IS. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect to itself, it has neither empioyed nor retained any company or person, other than a bona fide empioyee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 16. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDER is an independent contractor and not an employee of the Board. No statement GUidance Clinic of the Middle Keys FY10,0 page 4 ,,' ) . 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. COMPLIANCE ISSUES 17. 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. 18. 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. 19. NON-DISCRIMINATION. County and PROVIDER agree that there will be no discrimination against any person, and It Is expressly understood that upon a determination by a court of competent Jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL BB-352) which prohibits discrimination on the basis of race, color or national origin; 2) TItle IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIIl of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination Provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 20. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in writing by the COUNTY. 21. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Guidance Clinic of the Middle Keys FY1000 page 5 22. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 23. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 24. 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. 25. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 26. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. 27. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. INDEMNITY ISSUES 28. 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 iosses, 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. 29. PRIVILEGES AND IMMUNITIES. All of the priviieges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respectiVe functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. Guidance Clinic of the Middle Keys FY10, page 6 " 30. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 31. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 32. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. GENERAL 33. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 34. 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: Grants Administrator 1100 Simonton Street Key West, FL 33040 and Monroe County Attorney PO Box 1026 Key West, FL 33041 For PROVIDER Jamie Pipher, Executive Director Guidance Clinic of the Middle Keys, Inc. 3000 41st Street Marathon, Florida 33050 35. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie in the appropriate court or before the appropriate administrative bOdy in Monroe County, Florida. GUidance Climc of the Middle Keys FY100 page 7 " The County and PROVIDER agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legai proceeding. 36. 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. 37. SEVERABILITY. If any term, Covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision that comes as ciose as Possible to the intent of the stricken Provision. 3B. 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 executed as of the day and year first written above. (SEAL) ATTEST: DANNYL. KOLHAGE, CLERK Be ?-~~~<'~(L / Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MOTOE COUNTY, FLORIDA ~:r~. irJ~c.~ By / Mayor/Chairman ~(I~ Witness GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. (Federal ID No. 59 I 'fr ';3-.J- "I ) ,,'____0 q~.~ By ~ - \:l.;~ President --- ~ - t---L---.~~J-L.___-f /-1' rC,'l{l(;r::~.,c 100 \i _ ~'2:,~(:,7ic~:'\ :n1'I' a. ~, , . >~_ ;0H'ii:3;-:,-,,;; 0 i, ',' ';-=, ,0 ,; 0" ,'~ "'I"T"T 0 . o( ,;tt,)~:'_~q /J.~/f11 0____ ____._ GUidance Clinic of the Middle Keys FY100' page 8 . , ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic gUideUnes to Human Service Organizations, county travelers, 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. A cover letter summarizing the major line items on the reimbursable expense request needs to also contain a notarized certified statement such as: "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." 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 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter-company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Pavroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journai is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract Is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Guidance Clinic of the Middle Keys FY1000 page 9 ..' 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. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor Invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking i, considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not aI/owed 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. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non-allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundralsing, non-sufficient check charges, penalties and fines. Guidance Clime of the Middle Keys FY100' page 10 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( Organization name) for the time period of to 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. Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX. XX 105 Employee B P/R ending OS/28/01 XXX. XX (A) Total $ X.XXX.X~ (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D-C) $ X.XXX.X~ Executive Director Attachments (SUpporting documentation) Sworn to and subscribed before me this _ day of 200_ by who ;s personally known to me. Notary Public Notary Stamp GUidance Clinic of the Middle Keys FY100 page 11 Insert a list of the services that will be provided by your organization under this contract. ATTACHMENT C Baker Act transportation services, non-Baker Act mental health services and substance abuse treatment, mental health services, including detoxification, long-term substance abuse treatment, and long-term psychiatric treatment services, crisis stabilization, community mental health and substance abuse services, Baker Act/Marchman Act transportation services, residential services and mental health and substance abuse services, such as screening and assessment, information and referral, outreach, prevention, Intervention, counseling and therapy, psychiatric services, aftercare, supportive housing, and psychosocial rehabilitation, Community Transportation Coordinator related services and Keys to Recovery residential treatment services. Guidance Clinic of the Middle Keys FY1000 page 12 .," Attachment 0, copy of subcontract for Baker Act Transportation services. GUidance Clime of the Middle Keys FY10: page 13 ATTACHMENT 0 .' . October 17, 2008 GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. 3000 418T STREET, OCEAN MARA THaN, FL 33050 (v) 305/434-9000 / (1) 305/434-9040 Evan Guttman EJanjess LLC P.O. Box500218 Marathon. Fl 33050 RE: lETTER OF AGREEMENT Dear Mr. Guttman; The Guidance Cilnic of the Middle Keys, Inc. (GCMK), hereby enters into an agreement wnh Eranjess LLC to prOvide coordination and Iransportatlon services for Baker Act/Marchman Act (BAlMA) clients throughout Monroe County to/from Miami-Dade County as well as other destinations as required. GCMK wdr supply Etanjess with two Ford Crown Victoria's vehicles, meeting Elanjess maintenance specifications; one to be stationed In Key West at an EJanjess location and lhe other in Marathon at GCMK headquarters. GCMK will pay for the fuel and maintenance of the two vehicles used for BNMA transportation. Elanjess witl cOOrdinate Ihe maintenance for the Crown Vicloria located in Key West. Invoices for routine maintenance (labor and parts) On the Crown Victoria Will be fOnNarded to GCMK's Transportation Direc/or for payment. Elanjess Will not charge an extra fee for coordinating the maintenance of the vehicle. Elanjess must obtain prior approval from the GCMK Transportation Director to initiate major vehicle repairs. GCMK will Coordinate the maintenance for the Crown Victoria located in Marathon. GCMK will maintain insurance on both of the vehicles. Elanjess will also be named as an "additional insured" for Ihese two cars. Elanjess wi/I report and document accidents involving GCMK vehicles and incidents Invoiving cilents to the proper authorities and Immediately thereafter contact GCMK. Ail Elanjess drivers operating GCMK vehicles will hold a minimum of a Class E Florida Drive(s License and be approVed for GCMK insurance coverage by the Transportation Director. Upon execution of this agreement, Elanjess will fax to GCMK's Transportation Director a Current list of drivers - including a copy of the drive(s license and Social security number for each drlver- for approval to operate GCMK vehicles. Prior to adding a driver, Elanjess will fax or email to GCMK's Transportation Director or designee a copy of Ihe drive(s license, social security number and signed "Request for Check of Driving Record" form of the person. GCMK will indiate procedures to add the driver to GCMK vehicle insurance. Elanjess cannot use the 1 ~'cHi'PR'':; P1r1iail I'Jnded b the Florida De artment of Children & Farrllies. District 11 !S2J &, FAMILIES C;IOocumenls and SettingslmolLucal Settings I T empora", loternet FileslOLK 11BA_ Agreemol 06.{}9 (5).doc 1 I I .' . driver for BNMA tJansports until it has received Written notification that the driver has been added to the GCMK insurance coverage. Additionally, Elanjess Will fax a collY of picture identification and social securily number for each escort to GCMK's Transportation Director or designee. Eianjess cannot use the escort for BNMA transports until it has received Written notification that the escort has been approved by GCMK GCMK Witi supply Elanjess with a cell phone. E/an}ess Witi follow the transportstlon Protocol and complete the documentation provided as Attachment 1-3 herein. The fotioWing fee structure I. established for the period of the agreement: Maximum E/anjess # Roundtri s. Client Plcku Point Client Ora off Paint Pa ent Key West Key West $115 Marathon Marathon $115 241 Key West Marathon $145 Marathon Key West $145 Marathon Ke La 0 $145 24 Marathon Miami-Dade County $385 Ke lar 0 MIami-Dade Count $385 28 Ket West Miami-Dade Coun $385 GCMK PreaUthorlzatlon Required for All Trips Below · Approval for below fee. Will be granled only when the Marathon BAiMA vehicle is engaged with anolher BAiMA Irl that would reelude anolher icku within a reasonable eriOd of Ume. Maximum Car Client Pickup Elanjes. # Roundfri s Location Point Client Oro -off Paint Pa ment 2 Key West Marathon & Norlh Key Largo $225 3 Key We.f Maralhon & NOrlh Miami-Dade Coon $385 GCMK Preauthorizatlon Re uired for All Tn s Below Maximum # Roundtri s. 1 Client Picku Point Key largo Marathon Ke West Key Largo Marathon Ke West Elanjess Pa ment $770 $770 $770 $1,200 $1,200 $1,200 1 Timely payment for selVice. rendered is ensured by adherence to the fOllowing inVOICing procedures: · Elanjess wilt submit two statementS/invoices per month; one COvering the trips made from the first through the tifteenth and one covering trips made from the sixteenth 2 ~'(HirDilEN p '~"I ""oj b.. Roc"" D, .."",,,," f Chi,,," . F """~. 0'.'1 II lSZI & F ""'It,,, ClDocuments and Se"ings!mo'""al Settings' T, mporary Internet FileslOlK 1 IBA _ A",eemnt 08-09 15). doc . . " . through the end of the month. Eranjess will send statements/InvoIces to GCMK within 5 business days atter the end of the billing penod. · Elanjess will include required documentation with each statemenUinvoice. · Elanjess statements/lnvoices for BNMA trips will be submitted to the attention of GCMK StabilizatIon Unit Director. · GCMK Stabilization Director will review statemenVinvoice, mediate any discrepancies with Elanjess, and fo/Ward approved invoice to GCMK Anance Department. · GCMK will mall payment to Elanjess within 7 working days (Finance Department) upon receipt of statemenVlnvoice by the Stabilization Unit Director. The agreement can be cancelled by either party with 30 days written notice. GCMK and Elanjess enter into this agreement Including Attachments 1-3 by affixing signatures below: t. ,",' " Jamie Pfpher, MS Regional Vice P ,.~ ~ ., t . ~"""'_ _.';2~ \l.. 01 Date 2("I/D"1 Date Atlachments: 1. GCMK Transportation Protocol 2. GCMK Transportation Record and Payment Authorization Sheet 3. Statement 3 @t1~"'C""PI.A""'-l""OJ ("'LDRIN Partiall funded b Ih~ F'or:da De ar1mer,( of Ch~dren & Families District 11 (:/" FAMILIES C:\Documenls df1d Seltings1molLocal SeltingslTemporary Internet FilesIOlK1\8A~greemnl 08-D9 (5) doc . . J' 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 pUbilc 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." GUidance Clinic ofthe Middle Keys FY10, page 14 . . l' ETHICS CLAUSE I T ~ , , J " '" \ 'C , ~ l" Y warrants that he/it has not employed, retained or otherwise had act on his/it 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, 9ift, or consideration paid to the former County officer or employee. I SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA (signature) 1/3%o} , I Date: STATE OF_ COUNTY OF \=1 eN I c\,~ /~\ OV\ ((7<- PERSONALLY APPEARED BEFORE ME, the undersigned authority, \ ----~ , ).o~./ t-A \ "- \ . \--' \9 ~...v{ who, after first being SWorn by me, affixed his/her ~ '\ t-k- o day of signature (name of Individual signing) In the space prOvided above on this .~ t CAt''''' \:wf ~O, 20 eel. 00''-<- C My commission expires: "--- NOTA ,~~~-- MA~IANNr; I< SENV~NUTI {.r ~r :*~ MY COMMISSION /I 00617255 '~~.. -._,'j-~~ EXPIRES December 29.2010 i" I ~ \ (407)398..0153_ F1ondaNorarys"rv,::e <om OMB - MCP FORM #4 GUidance Clmic ofthe Middle Keys FY100' page 15 - . ,. DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: ---r ~ v' ' ct \\vv l \ /\, r ('~ ~'-'-.-- L\ \ C~ U z . (n c... _ (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF ~I er-.r, cQ ,~ COUNTY OF I~\OY\ ((<~_ PERSONAllY APPEARED BEFORE ME, the undersigned authority, .J,v,'~", p, k"// who, after first being sworn by me, (name of individual signing) affixed is/her signature in the space provided above on this I _____"" -~ 0 .,- '- day of ?r~f h~yV\, ~)-<./y' j(), 200..j. -/d".~.-~~,_/<~/ /f.-,.,.~.,.~.v~. My commission expires: Notary PiJ5fic / / Guidance Clinic ofthe Middle Keys FY10; page 16 /0-:--_____0__ _0 _ -~=oh~__. :~~".~\;..\1ARIANNE K i:3f:NV~NUTI t;A),:~ \,~y Cm'!~41:SjCN It CC61 T255 I .t~OI''''~ ,-XPIR. €~ '..!'c<:em/Jp(;9 cOl0 I . f III \\ . _ ,~ , ::W7)3ge-{J15~._ ~ IG'nrj;:~N0'~0/'3"'I'd.fj .(;iT1 t '_'4 "~_ ._+_ _.~__~ www.sunbiz.org - Department of State Page 1 of2 Home Contact Us E-Filing Services Document Searches Fonns Help Previous on List Next on List Return To List Events Name Historv Entity Name Search Submit Detail by Entity Name Florida Non Profit Corporation GUIDANCE/CARE CENTER. INC. Filing Information Document Number 726520 FEIIEIN Number 591458324 Date Filed OS/28/1973 State FL Status ACTIVE Last Event MERGER NAME CHANGE Event Date Filed 10/13/2009 Event Effective Date NONE Principal Address 3000 41 ST STREET OCEAN MARATHON FL 33050 Changed 07/01/1991 Mailing Address 900 GRIER DRIVE LAS VEGAS NV 89119 Changed 06/15/2006 Registered Agent Name & Address BUSINESS FILINGS INCORPORATED 1203 GOVERNORS SQUARE BLVD. SUITE 101 TALLAHASSEE FL 32301-2960 US Name Changed: 06/15/2006 Address Changed: 06/15/2006 Officer/Director Detail Name & Address Title CD MAPES, LYNN 345 14TH ST KEY COLONY BEACH FL 33051 TitleTD RAMSEY. COL. RICK 5525 COLLEGE RD. KEY WEST FL 33040 Title D MEARNS, MARJORIE 400 70TH STREET, GULF MARATHON FL 33050 TitlePD STEINBERG, RICHARD 900 GRIER DR http://sunbiz.org/scripts/cordet.exe?action=DETFIL&inqdocnumber=726520&inQcame...l /26/20 1 0 www.sunbiz.org - Department of State LAS VEGAS NV 89119 Title D WALSH, THOMAS 180 28TH AVE. N. SAINT PETERSBURG FL 33704 Title VC SCHRADER,KATHLEEN 203 APACHE STREET TAVERNIER FL 33070 Annual Reports Report Year Filed Date 2007 02/12/2007 2008 03/03/2008 2009 04/24/2009 Document Images 10/13/2009 -- Merqer 04/24/2009 -- ANNUAL REPORT 03/03/2008 - ANNUAL REPORT 02/12/2007 -- ANNUAL REPORT 06/15/2006 -- Req. Aqent Chanqe 04/12/2006 -- ANNUAL REPORT 03/20/2006 -- Amendment 04/08/2005 - ANNUAL REPORT 03/22/2004 -- ANNUAL REPORT 03/25/2003 -- ANNUAL REPORT 02/20/2003 -- ANNUAL REPORT 02/20/2002 -- ANNUAL REPORT 01/30/2001 -- ANNUAL REPORT 02/08/2000 - ANNUAL REPORT 02/24/1999 -- ANNUAL REPORT 02/06/1998 -- ANNUAL REPORT 03/04/1997 -- ANNUAL REPORT 03/05/1996 -- ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDFformat View image in PDF format I Note: This is not official record. See documents if question or conflict. I Previous on List Next on List Events Name Historv Return To List Entity Name Search Submit i Home I Contact us I Document Searches I E-Filinq Services I Forms I HelD I Coovriqht and Privacy Policies Copyright @ 2007 State of Florida, Department of State. Page 2 of2 http://sunbiz.org/scripts/cordet.exe?action=DETFIL&inCLdoc_number=726520&inqcame...1/26/20 10 COVER LETTER TO: Amendment Section Division of Corporations SUBJECT: The Guidance Clinic of the Middle Keys, Inc. (Name of Surviving Corporation) The enclosed Articles of Merger and fee are submitted for filing. Please return all correspondence concerning this matter to following: James Hanna, General Counsel (Contact Person) WestCare Foundation, Inc. (Firm/Company) 900 Grier Drive (Address) Las Vegas, NV 89119 (City/State and Zip Code) For further information concerning this matter, please call: James Hanna, General Counsel (Name of Contact Person) At (702 ) 385-2090, extension 302 (Area Code & Daytime Telephone Number) I '" ICertified copy (optional) $8.75 (please send an additional copy ofyonr document if a certified copy is requested) STREET ADDRESS: Amendment Section Division of Corporations Clifton Building 2661 Executive Center Circle Tallahassee, Florida 32301 MAILING ADDRESS: Amendment Section Division of Corporations P.O. Box 6327 Tallahassee, Florida 32314 ARTICLES OF MERGER (Not for Profit Corporations) The following articles of merger are submitted in accordance with the Florida Not For Profit Corporation Act, pursuant to section 617.1105, Florida Statutes. First: The name and jurisdiction of the survivin~ corporation: Name Jurisdiction Document Number (Ifknownl applicable) The Guidance Clinic of the Middle Keys, Inc. Florida 726520 Second: The name and jurisdiction of each mer~in~ corporation: Name Jurisdiction Document Number (Ifknown! applicable) The Care Center for Mental Health, Inc. Florida 770177 Third: The Plan of Merger is attached. Fourth: The merger shall become effective on the date the Articles of Merger are filed with the Florida Department of State OR 10 1 15 / 09 (Enter a specific date. N01E: An effective date cannot be prior to the date of filing or more than 90 days after merger file date). (Attach additional sheets ifnecessary) Fifth: ADOPTION OF MERGER BY SURVIVING CORPORATION (COMPLETE ONLY ONE SECTION) SECTION I The plan of merger was adopted by the members of the surviving corporation on July 1, 2008 The number of votes cast for the merger was sufficient for approval and the vote for the plan was as follows: 5 FOR 0 AGAINST SECTION II (CHECK IF APPliCABLE) 0 The plan or merger was adopted by written consent of the members and executed in accordance with section 617.0701, Florida Statutes. SECTION ill There are no members or members entitled to vote on the plan of merger. The plan of merger was adopted by the board of directors on July 1, 2008 office was 8 . The vote for the plan was as follows: 5 AGAINST The number of directors in FOR 0 Sixth: ADOPTION OF MERGER BY MERGING CORPORATION(s) (COMPLETE ONLY ONE SECTION) SECTION I The plan of merger was adopted by the members of the merging corporation( s) on June 11, 2008 . The number of votes cast for the merger was sufficient for approval and the vote for the plan was as follows: 6 FOR 0 AGAINST SECTION II (CHECK IF APPLICABLE) 0 The plan or merger was adopted by written consent of the members and executed in accordance with section 617.0701, Florida Statutes. SECfION ill There are no members or members entitled to vote on the plan of merger. The plan of merger was adopted by the board of directors on June 11 J 2008 . The number of directors in office was 7 . The vote for the plan was as follows: 6 FOR 0 AGAINST Seventh: SIGNATURES FOR EACH CORPORATION Name of Corporation Sienatureofthe chainnanl Typed or Printed Name of Individual & Title vice chairman of the board or an officer. The Guidance Clinic of the Middle Keys, Inc. ~ r ~~ Richard E. Steinberg I President The Care Center For Mental Health, Inc. )l::;Z,./ Z ~ Richard E. Steinberg, President PLAN OF MERGER The following plan of merger is submitted in compliance with section 6 17.1101, Florida Statutes and in accordance with the laws of any other applicable jurisdiction of incorporation. The name and jurisdiction of the surviving corporation: Name Jurisdiction The Guidance Clinic of the Middle Keys, Inc. Florida The name and jurisdiction of each merging corporation: Name Jurisdiction The Care Center for Mental Health, Inc. Florida The terms and conditions of the merger are as follows: See Attached Merger Agreement. A statement of any changes in the articles of incorporation of the surviving corporation to be effected by the merger is as follows: As part of the Plan of Merger adopted July 1, 2008, an amendment shall be filed to change the name of the surviving entity to Guidance/Care Center, Inc., to be effective as of the date of the amendment. Other provisions relating to the merger are as follows: Bylaws of The Guidance Clinic of the Middle Keys, Inc., were amended and restated July 1, 2008 as of the effective date of the merger as define in the Agreement of Merger. ARTICLES OF MERGER MERGING THE CARE CENTER FOR MENTAL HEALTH, INC. (A Florida Not For Profit Corporation) WImANDINTO GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. (A Florida Not For Profit Corporation) ~ The Following Articles of Merger are sub1D.itted in accordance with the Florida Not For Profit Corporation Act pursuant to section 617.1105, Florida Statutes. Name of Corporation The Guidance Clinic of the Middle Keys, Inc. State of Incorporation Florida Not For Profit Corporation (; " l' t; f, ~ ~ .; ,. i First: The name and jurisdiction of the surviving corporation: Second: The name and jurisdiction of the merging corporation is: Name of Corporation The Care Center for MentalHeal~ Inc. State of Incorporation Florida Not For Profit Corporation i-. I I Third: The Agreement and Plan of Merger is attached as Exhibit A. The Agreement and Plan of Merger has been adopted by the Board of Directors of The Guidance Clinic of1he Middle Keys, Inc., and the Board of Directors of The Care Center for Mental Health, Inc. 5 VotesFOR o Votes AGAmST. !: , I. ,. V ~ t W ~f IE ,. f i:' ~~ L:. ~' i. Fourth: The merger sball become effective on October 15,2009. Fifth: The Plan of Merger has been approved and adopted by the Board of Directors of the surviving corporation, Guidance Clinic of the Middle.Keys, Inc. The members of the corporation are one and the same as the members of the Board of Directors, and the Plan of Merger was adopted by the Board of Directors of the merging corporation on July 01, 2008. The number of directors in office was five. The vote for the plan was as follows: IN WITNESS WHEREOF, these Articles of Merger have been executed by The Guidance Clinic of the Middle Keys, Inc. on this 1st day of October, 2009, i... r TIlE GUID~E CLINIC OF TIlE MIDDLE KEYS, INC, By: I ' ~c~~ L~~,~chair / \ I (. ) (~ g ll: ~ F.. " % ...: .\> ~. .:.~ ~ i ii I: 1':: I~ r l:~ ;.; ::; ! ~ Guidance ClInk:ojlhe M/ddle Keys,lnc, Page 2 WESTCARE FOUNDATION, INC. To: FLORIDA DEPARTMENT OF ST Check Date: lOn12009 Check Number: 12804 ..............., ..... ...j)ate .... ..i.'. .... '.. Description Net Amount Invoice NUlni>er ARTICLES OF W. 10/6/2009 FILING FEES FOR MERGER OF GCMK & CCMH $78.75 Totals: $78.75 .~.)~tle1I~~~,S!l:l?lt.~~~~w..t=9~i!lii;I'~~~lO;4..i!:~.):tJl;;t~~~~~~ Bank 01 Nell3da m N. Rainbow Las Vegas, NV 89107 ~i ..q,~; l ~. FLORIDA DEPARTMENT OF STATE AMENDMENT SECTION DIVISION OF CORPORATIONS ,,#,J<rv ./' ~< i P.O. BOX 6327 ~ ..';;' i TALLAHASSEE, FL 32314 ,..,<"-> I -' -.:I~'19.I.IbflH,I:ll&I91:~...'"'i:I;I::rlUIll'~;fl'{..'1Il:~\.j:;Qll-l:~...ln.I::Iit..}:9;;w;:$:.-I-.'?:::I;:j.:~~:r-=l.lilh\Net~..IJ.:f....t~:"l~.1;I---uQl\"itl1 ' ~ , "', 11-0.2801..11- 1:.221..0.7781: 7S00SI1?50lll- ~ WESTCARE FOUNDATION, INC. P,O. BOX 94738 LAS VEGAS, NV 89193-4738 PAY **Seventy eight and 75/100 Dollars.... TO THE ORDER OF I ~ -.,1 ,'j CHECK DATE CHECK NO. 10/7/2009 12804 CHECK AMOUNT t " 3 I: !/4-177/1224 ED $** 78.75 1l ~ ~; I MUl TlPLE SIGNATURES REOUlRCO 'g '* I I . \,', J.- ! I i I ~t'J;-"~ "."c.. ~~m~ "'S'5':l. ~.. "'-~ (1)"0 "'tI:J -:::!. :J.CO 5'ii;?~ ~a.g7ii" T :g-"g Ef iD f) Scg:) go .~ ~ ~g ~ i g~ ~ . g. S'~ !l. .... '" t 5. [rg t:- il3::J.g ~ ~g-g ~ ;:6ta ~ ~ ~~ 00'" ;- ~. w ~ ~ [ ? 3 0- o '< a 0 ~ ~ 5' '" !!. ~ g: ~ o tr i .. 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(_ _,-____'._ ..:...<i:"'.'-..-,_.,....__ ~ ! I '1:1 ~ (1) ....... o ....., tv CONSENT TO ASSIGNMENT This Consent to Assignment is entered into this 17th day of February, 2010, by and between Monroe County, a political subdivision of the State of Florida, hereafter COUNTY, and Care Center for Mental Health, Inc., hereafter ASSIGNOR, and Guidance/Care Center, Inc. hereafter ASSIGNEE. WHEREAS, on September 16, 2009, the COUNTY and ASSIGNOR entered into a contract for the provision of Offender Re-Entry Employment Readiness Program services; and WHEREAS, the Guidance Clinic of the Middle Keys and the Care Center for Mental Health, Inc. have merged; and WHEREAS, said agreement will be amended to substitute the name of Care Center for Mental Health, Inc. for that of Guidance Care Center, Inc.; and WHEREAS, the assets and operations of the ASSIGNOR have now been transferred to the ASSIGNEE; Now therefore, inconsideration of the mutual promises of the original agreement as amended herein, the parties agree as follows: 1. The Assignor assigns to Assignee all the Assignor's rights, title and interest in the original agreement. 2. In consideration for such consent, the Assignee agrees to be bound by all the terms and conditions of the original agreement, as amended above. 3. The remaining provisions of the agreement dated September 16, 2009, not inconsistent herewith, remain in full force and effect. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By: Deputy Clerk Mayor/Chairman Witnesses: Care Center for Mental Health, Inc. (ASSIGNOR) By9~Q~~ Signatur,e TCA.MI'~ P \ rk-t l" Printed Name By: 0 Lr-<--_j, Jc)--rvx;(,.'--J k4'1"tP o I Ift-Jto , By: ~ Ltc; C. ~ r/IL>-.. Date: I(Z1Lo Witnesses: ByQb"Jnzs~,- .1~~ 1(2-1(lu Guidance/Care Center, Inc. (ASSIGNEE) By (1"~~~ '-" Signature , ~ "1" 1\'.-1.'\. : ~ , I p"'--< \0- Printed Name , By ~~ ~~Il C ~"'Q /Ur.' Date: { G:l(l" MONROE COUNTY ATTORNEY APPROVED AS TO FORM: t~ ('^i;,( Q~ 0 ~1t-&trJlI3.c W CHRISTINE M. LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date 1/rJ.'A { '0 I I " , " "t (,,; '. (:..a... . RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FUNDS AGREEMENT THIS AGREEMENT is made and entered into this 16th day of Seotember. 2009, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereinafter referred to as "COUNTY," and The Care Center for Mental Health, hereinafter referred to as "AGENCY." WITNESSETH WHEREAS, the Florida Department of Law Enforcement has awarded a sub- grant of Recovery Act Edward Byrne Memorial Justice Assistance to the COUNTY to implement an Offender Re-Entry Employment Readiness Program to provide services offenders held in local correctional facilities; and WHEREAS, the County is in need of an implementing agency to provide said services under this Program; and WHEREAS, the AGENCY is the sole provider of this program; and WHEREAS, the COUNTY has agreed to disburse the Recovery Act Edward Byrne Memorial Assistance Grant funds to the AGENCY in accordance with the COUNTY'S application for the Recovery Act Edward Byrne Memorial Assistance Grant NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and the AGENCY agree as follows: 1. TERM - The term of this Agreement is from October 1 , 2009 through September 30, 2010, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES - The AGENCY will provide services as outlined in the COUNTY'S Recovery Act Edward Byrne Memorial Justice Assistance Sub-grant Award, attached and made a part hereof. 3. FUNDS - The total project budget to be expended by the AGENCY in performance of the services set forth in Section 2 of this agreement shall be the total sum of $44,900. All funds shall be distributed and expended in accordance with the Project Budget Narrative submitted as outlined in the grant agreement. 4. INCORPORA TION BY REFERENCE - The prOVisions of those certain documents entitled "State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement SUb-grant Award Certificate and Application" and all laws, rules and regulations relating thereto are incorporated by reference, (Attachment C). 5. IMPLEMENTING AGENCY BOUND - The AGENCY is an implementing agency under the COUNTY'S Recovery Act Edward Byrne Memorial Assistance Grant , , , .'...a.... ~. ..-a.... i. Program, and shall be bound by all the provisions of the documents incorporated by reference in Section 4 of this Agreement. Additionally, the AGENCY shall be bound by all laws, rules, and regulations relating to the COUNTY'S performance under the Florida Department of law Enforcement Recovery Act Edward Byrne Memorial Assistance Grant Program. 6. BILLING AND PAYMENT (a) The AGENCY shall comply with the special program and expenditure reporting requirements for Recovery Act funds. The AGENCY shall render to the COUNTY a detailed quarterly program report not later than three calendar days after the end of each calendar quarter. The AGENCY 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: Grants Administrator 1100 Simonton Street Key West, 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 the AGENCY. 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 AGENCY after the AGENCY has received notice of termination. In the event there are any unused Residential Substance Abuse Treatment Funds, the AGENCY shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. 8. ACCESS TO FINANCIAL RECORDS - The AGENCY 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. 9. AUDIT - The AGENCY 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. 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: Grants Administrator 1100 Simonton Street Key West, FL 33040 FOR PROVIDER: Jamie Pipher Guidance Clinic/Care Center 1205 Fourth Street Key West, Fl 33040 " II t_ '. Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. 11. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the Florida Department of Law Enforcement 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 AGENCY at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the AGENCY after the AGENCY has received notice of termination. 12. COMPLIANCE WITH LAWS AND REGULATIONS -In providing all services pursuant to this Agreement, the AGENCY 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 1, Section 3 of the Constitution of the State of Florida and Article 1 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 AGENCY. If the AGENCY 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. 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. 14. EMPLOYEE STATUS - The AGENCY is an independent contractor. Persons employed by the AGENCY 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. 15. INDEMNIFICATION - The AGENCY 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 AGENCY. 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. AI; r>,..... \.- ,it (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. (SEAL) BOARD OF COUNTY COMMISSIONERS :J:ROE CO~r:!.TY. FlORJ~ B . ~Lc 0 )~,e.(f Mayor/Chairman ATTEST: DANNY L. KOlHAGE. Clerk BY:~~}C.. ~ Deputy Clerk Guidance Clinic/Care Center B. ~ MONROE COUNTY ATTCRNE'! ., APPROV,ED AS TO FORM: ( ~111t-, / fLJ)., C utt- &~( 'Vr If .J CHAISTINE\1. '-1MB RT-BARROWS ASSISTApt9.0'-!t'HY ATTORNEY Jate . txP, (jq I MONROE COUNTY ATTORNEY APPRO~p AS TO FORM: {!A Ji-t I & "C1tA:l-g,."'Jlh vd CHRISTINE M. L!MBERT-8AARO''i'lS f\SSISTft~T ~OIjN~ATTORNE:Y Date h 3f (; I / . -,.,.a..... ""IV ............ ;~. ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service Organizations, county travelers, 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. A cover letter summarizing the major line items on the reimbursable expense request needs to also contain a notarized 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 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter-company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Pavroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, Withholding information and payroll taxes, c/:leck number and check amount. If a Payroll Journal is not provided, the following information must be provided: check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. ReprOductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, Source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required, Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. 1_.'....:\.... t,~" - 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. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel must be submitted in accordance with Florida Statute 112.061. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure pOint: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbUrsable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal gUidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POUCY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. 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. Non-allowable Expenses The fOllowing expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically Included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and Fines. i'~ '. ,clfa,k l' ATTACHMENT B ORGANIZATION LElTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The fOllowing is a summary of the expenses for (Oraanization name) for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 102 Company B Util ities XXX.XX 104 Employee A P/R ending 05/14/01 XXX. XX 105 Employee B P/R ending OS/28/01 XXX.XX (A) Total $ X. XX2(J{X (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D-C) $ X.XXX.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 to and subscribed before me this _ day of by who is personally known to me. 20_ Notary Public Notary Stamp '\ ., (?,. J. t.....".".. \.:tp 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. " ,'''', . (t (- SWORN STATEMENT UNDER ORDINANCE NO. 10-199Q MONROE COUNTY. FLORIDA commission, percentage, gift, or consideration paid to the former County officer or employee. deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, may, in its discretion, terminate this contract without liability and may also, in its discretion, Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of therwise had act on his/its behalf any former County officer or employee in violation of warrants that he/it has not employed, retained STATE OF V-, f:TY \ c~ ~ COUNTY OF ~~\JY\ '( eYe ~ Date: PERSONALLY APPEARED BEFORE ME, the undersigned authority, ~ ~ ,e T. r, ~ 1-..;( who, a~e, fi.-s' being sworn by me, affixed hlsfhe' signature (name of individual signing) ;n the space provided above on this '30 tlrday of ~~~\'Y~ k{ , 20CS-:'] . NOTARY PUBLIC dh ~ ':-- e...-.<--vt ./ ~ I My commission expires: ,"V'" :~'!!"/i;:~~'~ MARiANNE K BENVENUTI t\~)7 MY COMMISSION # 00617255 ';:r;'1'r.~ EXPIRES December 29. 2010 (40T)398-{)153 P1ondaNotarySefY'CG.com OMB - MCP FORM #4 www.sunbiz.org - Department of State Page 1 of2 ,....'. ~ r [) c ~ .." ' . ,_ r LIlli] 1) \ I P'\R r~1 ""'T O~ ,~I -\ I';: 'f, '- .~ ".\.; If . 4 DI\t~II\\ '.': CilI\P;\I~\l!l\\~ _?MbfZ. ,~ .:~~r '. ./ - '\"'~"","' ........'t.. 4' Home Contact Us E-Filing Services Document Searches Fonns Help Previous on List Next on List Return To List Events Name Historv Entity Name Search Submit Detail by Entity Name Florida Non Profit Corporation GUIDANCE/CARE CENTER, INC. Filing Information Document Number 726520 FEIIEIN Number 591458324 Date Filed OS/28/1973 State FL Status ACTIVE Last Event MERGER NAME CHANGE Event Date Filed 10/13/2009 Event Effective Date NONE Principal Address 3000 41 ST STREET OCEAN MARATHON FL 33050 Changed 07/01/1991 Mailing Address 900 GRIER DRIVE LAS VEGAS NV 89119 Changed 06/15/2006 Registered Agent Name & Address BUSINESS FILINGS INCORPORATED 1203 GOVERNORS SQUARE BLVD. SUITE 101 TALLAHASSEE FL 32301-2960 US Name Changed: 06/15/2006 Address Changed: 06/15/2006 Officer/Director Detail Name & Address Title CD MAPES, LYNN 345 14TH ST KEY COLONY BEACH FL 33051 Title TO RAMSEY, COL. RICK 5525 COLLEGE RD. KEY WEST FL 33040 Title 0 MEARNS, MARJORIE 400 70TH STREET, GULF MARATHON FL 33050 Title PO STEINBERG, RICHARD 900 GRIER DR http://sunbiz.org/scripts/cordet.exe?action=DETFIL&inqdocnumber=726520&inacame...1 /26/201 0 www.sunbiz.org - Department of State LAS VEGAS NV 89119 Title 0 WALSH, THOMAS 180 28TH AVE. N. SAINT PETERSBURG FL 33704 TitleVC SCHRADER,KATHLEEN 203 APACHE STREET TAVERNIER FL 33070 Annual Reports Report Year Filed Date 2007 02/12/2007 2008 03/03/2008 2009 04/24/2009 Document Images 10/13/2009 -- Merqer 04/24/2009 -- ANNUAL REPORT 03/03/2008 -- ANNUAL REPORT 02/12/2007 -- ANNUAL REPORT 06/15/2006 -- Reo. AQent ChanQe 04/12/2006 -- ANNUAL REPORT 03/20/2006 -- Amendment 04/08/2005 -- ANNUAL REPORT 03/22/2004 -- ANNUAL REPORT 03/25/2003 - ANNUAL REPORT 02/20/2003 -- ANNUAL REPORT 02/20/2002 -- ANNUAL REPORT 01/30/2001 -- ANNUAL REPORT 02/0812000 - ANNUAL REPORT 02/24/1999 -- ANNUAL REPORT 02/06/1998 -- ANNUAL REPORT 03/04/1997 -- ANNUAL REPORT 03/05/1996 -- ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Previous on List Next on List I Note: This is not official record. See documents if question or conflict. I Return To List Events Name Historv I Home I Contact us I Document Searches I E-Filinq Services 1 Forms f HelD i Coovriqht and Privacy Policies Copyright @ 2007 State of Florida, Department of State. Entity Name Search Submit Page 2 of2 http://sunbiz.org/scripts/cordet.exe?action=DETFIL&inqdocnumber=726520&inacame...l /26/2010 COVER LETTER TO: Amendment Section Division of Corporations SUBJECT: The Guidance Clinic of the Middle Keys, Inc. (Name of Surviving Corporation) The enclosed Articles of Merger and fee are submitted for filing. Please return all correspondence concerning this matter to following: James Hanna, General Counsel (Contact Person) WestCare Foundation, Inc. (Firm/Company) 900 Grier Drive (Address) Las Vegas, NV 89119 (City/State and Zip Code) For further information concerning this matter, please call: James Hanna, General Counsel (Name of Contact Person) At (702 ) 385-2090, extension 302 (Area Code & Daytime Telephone Number) I '" ICertified copy (optional) $8.75 (please send an additional copy of your document if a certified copy is requested) STREET ADDRESS: Amendment Section Division of Corporations Clifton Building 2661 Executive Center Circle Tallahassee, Florida 32301 MAILING ADDRESS: Amendment Section Division of Corporations P.O. Box 6327 Tallahassee, Florida 32314 :; ARTICLES OF MERGER (Not for Profit Corporations) The following articles of merger are submitted in accordance with the Florida Not For Profit Corporation Act, pursuant to section 617.1105, Florida Statutes. First: The name and jurisdiction of the survivin2 corporation: Name Jurisdiction Document Number (If known/ applicable) The Guidance Clinic of the Middle Keys, rnc. Florida 726520 Second: The name and jurisdiction of each mentin2 corporation: Name Jurisdiction Docwnent Nwnber (Ifknown/ applicable) The Care Center for Mental Health, Inc. Florida 770177 Third: The Plan of Merger is attached. Fourth: The merger shall become effective on the date the Articles of Merger are filed with the Borida Department of State OR 1 0 / 15 / 09 (Enter a specific date. N01E: An effective date cannot be prior to the date of filing or more than 90 days after merger file date). (Attach additional sheets ifnecessary) Fifth: ADOPTION OF MERGER BY SURVIVING CORPORATION (COMPLETE ONLY ONE SECTION) SECTION I The plan of merger was adopted by the members of the surviving corporation on July 1, 2008 The number of votes cast for the merger was sufficient for approval and the vote for the plan was as follows: 5 FOR 0 AGAINST SECTION IT (CHECK IF APPLICABLE) 0 The plan or merger was adopted by written consent of the members and executed in accordance with section 617.0701, Florida Statutes. SECTION ill There are no members or members entitled to vote on the plan of merger. The plan of merger was adopted by the board of directors on July 1, 2008 office was 8 . The vote for the plan was as follows: 5 AGAINST . The number of directors in FOR 0 Sixth: ADOPTION OF MERGER BY MERGING CORPORATION(s) (COMPLETE ONLY ONE SECTION) SECTION I The plan of merger was adopted by the members of the merging corporation( s) on June 11, 2008 . The number ofvotes cast for the merger was sufficient for approval and the vote for the plan was as follows: 6 FOR 0 AGAINST SECTION IT (CHECK IF APPLICABLE) 0 The plan or merger was adopted by written consent of the members and executed in accordance with section 617.0701, Florida Statutes. SECTION ill There are no members or members entitled to vote on the plan of merger. The plan ofmerger was adopted by the board of directors on June 11, 2008 . The number of directors in office was 7 . The vote for the plan was as follows: 6 FOR 0 AGAINST Seventh: SIGNATURES FOR EACH CORPORATION Name of Corporation Silmatureof the chainnanl Typed or Printed Name of Individual & Title vice chairman of the board or an officer. The Guidance ClfnicoftheMlddle Keys. Inc. ~r ~~ Richard E. Steinberg, President The Care Center For Mental Health, Inc. "}l;:;.L/ Z ~ Richard E. Steinberg, President PLAN OF MERGER The following plan of merger is submitted in compliance with section 617.1101, Florida Statutes and in accordance with. the laws of any other applicable jurisdiction of incorporation. The name and jurisdiction of the surviving corporation: Name Jurisdiction The Guidance Clinic of the Middle Keys, Inc. Florida The name and jurisdiction of each merging corporation: Name Jurisdiction The Care Center for Mental Health, Inc. Florida The terms and conditions of the merger are as follows: See Attached Merger Agreement. A statement of any changes in the articles of incorporation of the surviving corporation to be effected by the merger is as follows: As part of the Plan of Merger adopted July 1, 2008, an amendment shall be filed to change the name of the surviving entity to Guidance/Care Center, Inc., to be effective as of the date of the amendment. Other provisions relating to the merger are as follows: Bylaws of The Guidance Clinic of the Middle Keys, Inc., were amended and restated July 1, 2008 as of the effective date of the merger as define in the Agreement of Merger. ARTICLES OF MERGER MERGING THE CARE CENTER FOR MENTAL HEALTH, INC. (A Florida Not For Profit Corporation) WImANDINTO GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. (A Florida Not For Profit Corporation) i i I: The Following Articles of Merger are submitted in accordance with the Florida Not For Profit Corporation Act pursuant to section 617.1105, Florida S~atutes. Name of Corporation The Guidance Clinic of the Middle Keys, Inc. State of Incorporation Florida Not FOI Profit Corporation f: t' ~ t 5 ~ i , First: The name and jurisdiction of the surviving corporation: Second: The name and jurisdiction of the merging corporation is: Name of Corporation The Care Center for MentalHealtl4 Inc. State of Incorporation Florida Not For Profit Corporation Third: The Agreement and Plan of Merger is attached as Exhibit A. The Agreement and Plan of Merger has been adopted by the Board of Directors of The Guidance Clinic of1he Middle Keys, Inc., and the Board of Directors of The Care Center for Mental Health, Inc. i ! i 5 Votes FOR o Votes AGAINST. ! ~ , !~ ,- ~ ~; i); ,,. j". ~:r Ii t ;:- ~l L: j:;' f. l. Fourth: The merger shall become effective on October 15,2009. Fifth: The Plan of Merger has been approved and adopted by the Board ofDITectors of the surviving corporation, Guidance Clinic of the Middle.Keys, Inc. The members of the corporation are one and the same as the members of the Board of Directors, and the Plan of Merger was adopted by the Board of Directors of the merging corporation on July 01,2008. The number of directors in office was five. The vote for the plan was as follows: IN WITNESS WHEREOF, these Articles of Merger have been executed by The Guidance Clinic of the Middle Keys, Inc. on this 1st day of October, 2009. i' 1.:, ,. ,. -,,- TIlE GUIDVCE CLINIC OF TIlE MIDDLE KEYS, INC. By: ~I' ler L ~,~cbair / \ ! : ( ) r i .., " >' i:> !l ~' ;; ~ .\~ ~ i. ,. n I: f; f.. r I;~ ::; i; ;.~ ," ! . I Guidance Cllnlcoflhe MIddle Key$.lnc. Page;2 WESTCARE FOUNDATION, INC. To: FLORIDA DEPARTMENT OF ST Check Date: lOn12009 Check Number: 12804 .' .. .>iDate '.i>. .. ..... . Description .. Invoice NUllilJ:el" Net Amount ARTICLES OF rv. 10/6/2009 FILING FEES FOR MERGER OF GCMK & CCMH $78.75 Totals: $78,75 . WESTCARE FOUNDATION, INC. P.O. BOX 94738 LAS VEGAS, NV 89193-4738 Bank of Nevada m N. Rainbow Las Vegas, NV 69107 ~'-~~&., f- .~lN(.~~"leil~(.'.,~~,s~~~~:faMI4~{"I;j:t;/~~(",,"H;t6):tJl-;faw~ <'ilE~ ~--~~~~."""" FLORIDA DEPARTMENT OF STATE AMENDMENT SECTION DIVISION OF CORPORATIONS ",j"<("v .f' ~< P.O. BOX 6327 ..{' TALLAHASSEE, FL 32314 '%'b<,'<""" ".Iv:>A ~C:IJ;.'tII.I-Itl';~I;\l,~~=I:rl"IlI,"'i;:(~=ik"~lj~~I{"'a-J:II;J:i*'i-~:I.:J;I~:1~.Eil~r..'te-l~"~~~~ci~~ II- 0 . 2 B 0 1..11- I: ;1. 2 2 I.. 0 . 7 7 B I: 7 500 b q 7 50 1 II- ~- 94-177/1224 PAY **Seventy eight and 75/100 Dollars.... TO THE ORDER OF I I ~~~~]. I ..- .~ ! ; ,) I CHECK DATE CHECK NO. I 1 on /2009 12804 CHECK AMOUNT ~ ~ tD $.... 78.75 II ) MUl TlPLE SIGNATURES REOUlREO 5 . :: ~; 'g ~ (')N'-:>')> :U:"ci: "&$~ ~5'5':l. l>>(U<;:J !log, ~ ~ 5"~;:bg ~[g.. T :g~ s= ;;- S<g:> g CCg)O:":" gg~ l ~~~ g. '" .". ~. ~5~ e. In:::].S f ~li ~ ~ 5~ ." 0 () c r ;;' ~ 2. ;:T 0- ., if !!.. r 3 5' .. '< = ~ o 5' !!l. 5' .. 0- I '" "8 a o " So ;:T <II iii 0- ~ (') '" " 0- '" c; PI P, '" " p, 2 " " '" ?- i , J ;' .~ f ~ 'r ,. , ,. . @' N' oT =t :~l 0.' ~l ~, "'" ~f. ~!.. ~J ~.~ "'~ ::o~_1 !;2} ~f ffi' ~f I r r L 5' 2!: S. .., :J. 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(") ~ :;5 ~I~ ! >< -I ,,"oJ.!' ;:0 ge5 . ~ ~~~~ ~ i~~!i :J: --I ;#~;; ~o< '" ~ <0 ; ~ i~l7j~ -I m )>- 0 a~" I'V >J. ;;;;;:;;;;;;1:l i", $ ...... -"'" "'-to rg -"'" ~~!!l :J: CI) -~o I'V !~~ )> 0 <0 ~= 0 5!!!53! ~ -==- (/) ~ -I -I ~ c: ~ m --~ g .... ;;;;;;;;;;;; """"""" w ~ ~ 0 ==-- -I Q =-= "TI W """"""'" r- r- I\) ~ ::t: C: W CII m 0 ;;0 ~ ~ z ~ C5 l?; ~ ::t: ~ -I ~~--"'-------"-~'-~ ,~_.,j;;, ~,'__';'_ ...:....,.}Jh:-._,_........_ ~-' ,.->---'- --'- '"d ~ ('p >-' o I-t) tv CONSENT TO ASSIGNMENT This Consent to Assignment is entered into this 17th day of February, 2010, by and between Monroe County, a political subdivision of the State of Florida, hereafter COUNTY, and Care Center for Mental Health, Inc., hereafter ASSIGNOR, and Guidance/Care Center, Inc. hereafter ASSIGNEE. WHEREAS, on September 16, 2009, the COUNTY and ASSIGNOR entered into a contract for the provision of Residential Substance Abuse Treatment Program services; and WHEREAS, the Guidance Clinic of the Middle Keys and the Care Center for Mental Health, Inc. have merged; and WHEREAS, said agreement will be amended to substitute the name of Care Center for Mental Health, Inc. for that of Guidance Care Center, Inc.; and WHEREAS, the assets and operations of the ASSIGNOR have now been transferred to the ASSIGNEE; Now therefore, inconsideration of the mutual promises of the original agreement as amended herein, the parties agree as follows: 1. The Assignor assigns to Assignee all the Assignor's rights, title and interest in the original agreement. 2. In consideration for such consent, the Assignee agrees to be bound by all the terms and conditions of the original agreement, as amended above. 3. The remaining provisions of the agreement dated September 16, 2009, not inconsistent herewith, remain in full force and effect. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By: Deputy Clerk Mayor/Chairman Witnesses: Care Center for Mental Health, Inc. (ASSIGNOR) By qem-;~(j,~ ~ Signature J"'a~(e p ~ pl~ij Printed Name BY:V~, ~ ~f~ J!Zl(() , By: ~- ~Ct c- Covc!/lJ/'^ IILII (J Date: d 1.--~d t J Witnesses: By J(;o\J~~ -i?~ , (c 1 (( " c (~,vv.:k; r - (~r!L4 1/11(,) By ~:7~t~nc. (ASSIGNEE) . SIgnature '-~U\ (~t p; ~~~. v- Printed Name \ \ L'" ( MONROE COUNTY ATTORNEY Date: ' (() APPROVED AS TO FORM: c;8~fti~E ~11~~4~~~~ 1A~~~~d ASSISTANT COUNTY ATTORNEY Date I/o;p\/Jn I I By {, (.-. . RESIDENTIAL SUBSTANCE ABUSE TREATMENT FUNDS AGREEMENT THIS AGREEMENT is made and entered into this 16th day of Seotember. 2009, by and between MONROE COUNlY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereinafter referred to as "COUNlY." and The Care Center for Mental Health, hereinafter referred to as "AGENCY. " WITNESSETH WHEREAS, the Florida Department of Law Enforcement has awarded a sub- grant of Residential Substance Abuse Treatment Funds to the COUNlY to implement a program that provides residential substance abuse treatment services to offenders held in local correctional facilities who have at least six months and no more than twelve months of their sentence left to serve; and WHEREAS, the County is in need of an implementing agency to provide said services under this Program; and WHEREAS, the AGENCY is the sole provider of this program; and WHEREAS, the COUNlY has agreed to disburse the Residential Substance Abuse Treatment Funds to the AGENCY in accordance with the COUNlY'S application for the Residential Substance Abuse Treatment Funds. NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNlY and the AGENCY agree as follows: 1. TERM - The term of this Agreement is from September 1, 2009 through August 31, 2010, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES - The AGENCY will provide services as outlined in the COUNlY'S Residential Substance Abuse Treatment Sub-grant AWard, attached and made a part hereof. 3. FUNDS - The total project budget to be expended by the AGENCY in performance of the services set forth in Section 2 of this agreement shall be the total sum of $66,667.00. The total sum represents federal grant/state sub-grant support in the amount of $50,000.00 and local matching funds in the amount of $16,667.00, which amount shall be provided by the county through the grant matching funds account. All funds shall be distributed and expended in accordance with the Project Budget Narrative submitted as outlined in the grant agreement. 4. INCORPORA TION BY REFERENCE - The provisions of those certain documents entitled "State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Sub-grant Award Certificate and Application" and all laws, rules and regulations relating thereto are incorporated by reference, (Attachment C). .; /9" \. >:.;~ .'. ,,~ r...a.~ i-WW 5. IMPLEMENTING AGENCY BOUND - The AGENCY is an implementing agency under the COUNTY'S Residential Substance Abuse Treatment Program, and shall be bound by all the provisions of the documents incorporated by reference in Section 4 of this Agreement. Additionally, the AGENCY shall be bound by all laws, rules, and regulations relating to the COUNTY'S performance under the Florida Department of Law Enforcement Residential Substance Abuse Treatment Grant Program. 6. BILLING AND PAYMENT (a) The AGENCY 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: Grants Administrator 1100 Simonton Street Key West, 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 the AGENCY. 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 AGENCY after the AGENCY has received notice of termination. In the event there are any unused Residential Substance Abuse Treatment Funds, the AGENCY shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. 8. ACCESS TO FINANCIAL RECORDS - The AGENCY 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. 9. AUDIT - The AGENCY 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. 10. NOTICES - 'Nhenever 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: Grants Administrator 1100 Simonton Street Key West, FL 33040 FOR PROVIDER: Jamie Pipher Guidance Clinic/Care Center 1205 Fourth Street Key West, FL 33040 (a..-<.,.." <-,:{. (,. (~ Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. 11. UNAVAILABILITY OF FUNDS - If the COUNTY shall/earn thatfunding from the Florida Department of Law Enforcement 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 AGENCY at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the AGENCY after the AGENCY has received notice of termination. 12. COMPLIANCE WITH LAWS AND REGULATIONS -In providing all services pursuant to this Agreement, the AGENCY 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 1, Section 3 of the Constitution of the State of Florida and Article 1 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 AGENCY. If the AGENCY 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. 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. 14. EMPLOYEE STATUS - The AGENCY is an independent contractor. Persons employed by the AGENCY 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. 15. INDEMNIFICATION - The AGENCY 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 AGENCY. 16. ENTIRE AGREEMENT (a) It is understood and agreed that the entire Agreement of the parties ;s 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. I. '{-.~~. "I c~~ (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. (SEAL) A nEST: DANNY L. KOLHAGE, Clerk By:~M t. ~Ofi\~ Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MO ROE COUNTY, FLORIDA By: ~c n0LA4.. ~ Mayor/Chairman - Guidance CliniC/Care Center ByCfm~Q~ , Title: 1\ ~ }(,)A:r>" \l ~ MONAOE COUNTY ATTORNE'( )l~PA9..VED^ AS TO FOAM: (. .It, (f,/;)/.l u y. /!r;tf{11IJ I,) CHRISTINE M. UMdERT-8ARROWS :\SSISTA~T C~UNTY ATTORNEY D:lte r/;)., Ita I MONROE COurHV /\TTORNE'( PPROVr:: -) ;;8 T'J FORM: ' ~ . . ~ tfJfnL C RISTIN :0. 'Y.'Bi:: T.8A8RO\"IS ASS/STltf CC:.''jij ATTORNEY Date fAa/ I I I' (".... " !..r.;...... WI ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service Organizations, county travelers, 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. A cover letter summarizing the major line items on the reimbursable expense request needs to also contain a notarized 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 ail-inClusive. The Clerk's Finance Department reselVes the right to review reimbursement requests on an individual basis. Any questions regarding these gUidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice Is required for reimbursement. Inter-company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Pavroll A certified statement verifying the accuracy and authenticity of the payroll expense Is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, Withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement Is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract Is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. ". t,,:. fa c~'1I Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number calfed, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the calfer, the telephone number, the date, and the purpose of the calf. Travel Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel must be submitted in accordance with Florida Statute 112.061. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calfs are not allowable expenses. Meal reimbursement shalf be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal gUidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Mileage reimbursement shalf be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a paint of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Non-allowable Expenses The following expenses are not alfowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specificalfy included In the contract), entertainment expenses, fund raising, non -sufficient check charges, penalties and fines. ".'...., .,p -.:.'." f' ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for (Organization name) for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending OS/28/01 XXX.XX (A) Total $ X.XXX.XX (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D-C) $~IXXX,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 to and subscribed before me this _ day of by who is personally known to me. 20_ Notary Public Notary Stamp I. a.:, I. (- ~<i. 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. " l.t, I',;,.f,,' ~ "'":,',;.- t'l SWORN STATEMENT UNDER ORDINANC~ NO. 10-199Q MONROE COUNTY. FLORID mg:.:SE '",Q c~ wanants that he/it has not employed, '"talned or othe Ise had act on hIS/ItS behalf any former County officer or employee In vIolation of commission, percentage, gift, or consideration paid to the former County officer or employee. deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, may, in its discretion, terminate this contract without liability and may also, in its discretion, Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of STATE OF COUNTY OF ~l C> ( I 0\ rl M Q-y\, r O~ ~G~~~ (signature) Oat: q. 3D . (.)", , PERSONAllY APPEAR --J~\E-' T. BEFORE ME, the undersigned authority, lu( who, after first being sworn by me, affixed his/her ') 0 +-v.- signature (name of individual signing) In the space provided above on this ..::::> day of ~ f c.,yy,. b "f , 20rw.... NOTARY PUBUC ._/If:~~" / /90N-Jrlwf ' l- My commission expires: ",;IX~. MARIANNE K. BENVENUTI ~&l'~ {-:' '::~ MY COMMISSION # 00617255 ~~101<~- EXPIRES December 29.2010 l40;J39~153 FIOIlClaNotaryServlCa.com OMB - MCP FORM #4 www.sunbiz.org - Department of State Page 1 of2 . ..... > ,. .......... F l. 0 RID ^ D F. P ^ R T M F. NT n F S TAT E ~ .t1j, , ',. DIII;JO\ or CORPORITlO\; ~~~ .-l.~;4 Home Contact Us E-Filing Services Document Searches Fonns Help Previous on List Next on List Return To List Events Name Historv Entity Name Search Submit Detail by Entity Name Florida Non Profit Corporation GUIDANCE/CARE CENTER, INC. Filing Information Document Number 726520 FEIIEIN Number 591458324 Date Filed 05/28/1973 State FL Status ACTIVE Last Event MERGER NAME CHANGE Event Date Filed 10/13/2009 Event Effective Date NONE Principal Address 3000 41 ST STREET OCEAN MARATHON FL 33050 Changed 07/01/1991 Mailing Address 900 GRIER DRIVE LAS VEGAS NV 89119 Changed 06/15/2006 Registered Agent Name & Address BUSINESS FILINGS INCORPORATED 1203 GOVERNORS SQUARE BLVD. SUITE 101 TALLAHASSEE FL 32301-2960 US Name Changed: 06/15/2006 Address Changed: 06/15/2006 Officer/Director Detail Name & Address Title CD MAPES, LYNN 345 14TH ST KEY COLONY BEACH FL 33051 Title TO RAMSEY, COL. RICK 5525 COLLEGE RD. KEY WEST FL 33040 TitleD MEARNS, MARJORIE 400 70TH STREET, GULF MARATHON FL 33050 Title PO STEINBERG, RICHARD 900 GRIER DR http://sunbiz.org/scripts/cordet.exe?action=DETFIL&inCL doc _ number=726520&inCL came... 1/26/2010 www.sunbiz.org - Department of State LAS VEGAS NV 89119 TitleD WALSH, THOMAS 180 28TH AVE. N. SAINT PETERSBURG FL 33704 TitleVC SCHRADER,KATHLEEN 203 APACHE STREET TAVERNIER FL 33070 Annual Reports Report Year Filed Date 2007 02/12/2007 2008 03/03/2008 2009 04/24/2009 Document Images 10/13/2009 -- Merqer 04/24/2009 -- ANNUAL REPORT 03/03/2008 -- ANNUAL REPORT 02/12/2007 -- ANNUAL REPORT 06/15/2006 -- Req. Aaent Chanqe 04/12/2006 -- ANNUAL REPORT 03/20/2006 - Amendment 04/08/2005 -- ANNUAL REPORT 03/22/2004 -- ANNUAL REPORT 03/25/2003 -- ANNUAL REPORT 02/20/2003 -- ANNUAL REPORT 02/20/2002 -- ANNUAL REPORT 01/30/2001 -- ANNUAL REPORT 02/08/2000 -- ANNUAL REPORT 02/24/1999 -- ANNUAL REPORT 02/06/1998 -- ANNUAL REPORT 03/0411997 -- ANNUAL REPORT 03/05/1996 -- ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Previous on List Next on List Note: This is not official record. See documents if question or conflict. Return To List Events Name Historv I Home I Contact us 1 Document Searches I E-Filinq Services I Forms I HelD i Coovriqht and Privacy Policies Copyright @ 2007 State of Florida, Department of State. Entity Name Search Submit Page 2 of2 http://sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number=726520&inCL came... 1/26/2010 COVER LETTER TO: Amendment Section Division of Corporations SUBJECT: The Guidance Clinic of the Middle Keys, Inc. (Name of Surviving Corporation) The enclosed Articles of Merger and fee are submitted for filing. Please return all correspondence concerning this matter to following: James Hanna, General Counsel (Contact Person) WestCare Foundation, Inc. (Firm/Company) 900 Grier Drive (Address) Las Vegas, NV 89119 (City/State and Zip Code) For further information concerning this matter, please call: James Hanna, General Counsel (Name of Contact Person) At (702 ) 385-2090, extension 302 (Area Code & Daytime Telephone Number) I '" 'Certified copy (optional) $8.75 (please send an additional copy of your document if a certified copy is requested) STREET ADDRESS: Amendment Section Division of Corporations Clifton Building 2661 Executive Center Circle Tallahassee, Florida 32301 MAILING ADDRESS: Amendment Section Division of Corporations P.O. Box 6327 Tallahassee, Florida 32314 ARTICLES OF MERGER (Not for Profit Corporations) The following articles of merger are submitted in accordance with the Florida Not For Profit Corporation Act, pursuant to section 617.1105, Florida Statutes. First: The name and jurisdiction of the survivin2" corporation: Name Jurisdiction Document Number (Ifknown! applicable) The Guidance Clinic oftha Middle Keys, Inc. Florida 726520 Second: The name and jurisdiction of each mer2"ing corporation: Name Jurisdiction Document Number (Ifknownf applicable) The Care Center for Mental Health, Inc. Florida 770177 Third: The Plan of Merger is attached. Fourth: The merger shall become effective on the date the Articles of Merger are filed with the Florida Department of State OR 10 / 15 / 09 (Enter a specific date. N01E: An effective date cannot be prior to the date of filing or more than 90 days after merger file date). (Attach additional sheets if necessary) Fifth: ADOPTION OF MERGER BY SURVIVING CORPORATION (COMPLETE ONLY ONE SECTION) SECTION I The plan of merger was adopted by the members of the surviving corporation on July 1,2008 The number of votes cast for the merger was sufficient for approval and the vote for the plan was as follows: 5 FOR 0 AGAINST SECTION IT (CHECK IF APPLICABLE) 0 The plan or merger was adopted by written consent of the members and executed in accordance with section 617.0701, Florida Statutes. SECTION ill There are no members or members entitled to vote on the plan of merger. The plan of merger was adopted by the board of directors on July 1, 2008 office was 8 . The vote for the plan was as follows: 5 AGAINST The number of directors in FOR 0 Sixth: ADOPTION OF MERGER BY MERGING CORPORATlON(s) (COMPLETE ONLY ONE SECTION) SECfION I The plan of merger was adopted by the members of the merging corporation( s) on June 11, 2008 . The number of votes cast for the merger was sufficient for approval and the vote for the plan was as follows: 6 FOR 0 AGAINST SECTION II (CHECK IF APPLICABLE) 0 The plan or merger was adopted by written consent of the members and executed in accordance with section 617.0701, Florida Statutes. SECfION ill There are no members or members entitled to vote on the plan of merger. The plan of merger was adopted by the board of directors on June 11, 2008 . The number of directors in office was 7 , The vote for the plan was as follows: 6 FOR 0 AGAINST Seventh: SIGNATURES FOR EACH CORPORATION Name of Corporation Signature of the chainnanJ Typed or Printed Name of Individual & Title vice chairman of the board or an officer. The Guidance Clinic of the Middle Keys. Inc. ~T ~~ Richard E. Steinberg, President The Care Center For Mental Health, Inc. )i;;~/ Z ~ Richard E. Steinberg, President PLAN OF MERGER The following plan of merger is submitted in compliance with section 617.1101, Florida Statutes and in accordance with the laws of any other applicable jurisdiction of incorporation. The name and jurisdiction of the survivin2: corporation: Name Jurisdiction The Guidance Clinic of the Middle Keys, Inc. Florida The name and jurisdiction of each mer2:in2: corporation: Name Jurisdiction The Care Center for Mental Health, Inc. Florida The terms and conditions of the merger are as follows: See Attached Merger Agreement. A statement of any changes in the articles of incorporation of the surviving corporation to be effected by the merger is as follows: , As part of the Plan of Merger adopted July 1, 2008, an amendment shall be filed to change the name of the surviving entity to Guidance/Care Center, Inc., to be effective as of the date of the amendment. Other provisions relating to the merger are as follows: Bylaws of The Guidance Clinic of the Middle Keys, Inc., were amended and restated July 1, 2008 as of the effective date of the merger as define in the Agreement of Merger. ARTICLES OF MERGER MERGING THE CARE CENlER FOR MENTAL HEALTH, INC. (A Florida Not For Profit Corporation) WIlli AND INTO GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. (A Florida Not For Profit Corporation) ~ !: The Following Articles of Merger are submitted in accordance with the Florida Not For Profit Corporation Act pursuant to section 617.1105, Florida Statutes. Name of Corporation The Guidance Clinic of the Middle Keys, Inc. State of Incorporation Florida Not For Profit Corporation t: l' L' f. t ~ r 1 , First: The name and jurisdiction of the surviving corporation: Second: The name and jurisdiction of the merging corporation is: Name of Corporation The Care Center for Mental Health, Inc. State of Incorporation Florida Not For Profit Corporation Third: The Agreement and Plan of Merger is attached as Exhibit A. The Agreement and Plan of Merger has been adopted by the Board of Directors of The Guidance Clinic offue Middle Keys, Inc., and the Board of Directors of The Care Center for Mental Health, Inc. , !: 5 Votes FOR o VotesAGAlNST. h I' " fr ~ C ~. I t'" r-o i:' ~~ I: f; ;. Fourth: The merger shall become effective on October 15,2009. Fifth: The Plan of Merger has been approved and adopted by the Board of Directors of the surviving corporation, Guidance Clinic of the MiddleKeys, Inc. The members of the corporation are one and the same as the members of the Board of Directors, and the Plan of Merger was adopted by the Board of Directors of the merging corporation on July 01, 2008. The number of directors in office was five. The vote for the plan was as follows: IN WITNESS WHEREOF, these Articles of Merger have been executed by The Guidance Clinic of the Middle Keys, Inc. on this 1st day of October, 2009. i.... r. THE GUID1;CE CLINIC OF THE MIDDLE KEYS, INC. By: ~l,l, - let) L ~,p.s,~ciiilir on ( : l/ [ ~ ~ t: ; i, ~( ~ -\; ;s. .\'~ ~~ j'; .. i- W )i. I.: ::; ! ~ Guidance Clinic of lhe Middle Keys, Inc. Page 2 WESTCARE FOUNDATION, INC. To: FLORIDA DEPARTMENT OF ST Check Date: 10/7/2009 Check Number: 12804 InvoiceNuniiler I.... ..Date ... - ..... Description Net Amount ... ...... ARTICLES OF 1\1 10/6/2009 FILING FEES FOR MERGER OF GCMK & CCMH $78.75 Totals: $78.75 . ~-=~ ^.~"""""""""'~~~,;:r~" ~,!?~OMiI.It};:tJl;:jI"t:l.~I!.illid3~tU.3~~l:lo.~_l'L:l'j:J'"Ml~.j\1r.f~~Il~tT~~;~~~'''--'-.....~.,..u~;....,==-".-'\l71 WESTCARE FOUNDATION INC Bank of Nevada ' , . m N Rainbow P.O. BOX 94738 Lesveg';'',NVe9107 LAS VEGAS, NV 89193-4738 94-177/1224 CHECK DATE CHECK NO. 10n/2009 12804 CHECK AMOUNT ~ I 6J PAY uSeventy eight and 75/100 Dollars"'* $** 78.75 1I ~ FLORIDA DEPARTMENT OF STATE AMENDMENT SECTION J?"<r DIVISION OF CORPORATIONS .f'-" v~< P.O. BOX 6327 ~1: ~':;' TALLAHASSEE, FL 32314 '*'1b''-<'''' ~-~ ...."""""""'.:'!,~OI.'i!illtill~l8:lllllill!~~""''-'''':I.''~'I~.JlI,;'.l'l'tl.llot.;1;l~'''.J,l-~Wmlii~~ III 0 ~ 2 B 0 L.1l- I: ~ 2 2 L. 0 ~ 7 7 B I: 7 500 b q 7 50 lll- TO THE ORDER OF I I j: f .:0; --, I i ; ...1 i ~~~~ j -o'11cS' r ~&~; .~ _9'9'::1. f g~ ~ ~ =5' iJ.lD '~ :1ft..,,!:!, t ~a..fSur S :g~ ff s;- ? :reg:l C' 1 tCl!.O~ -go:l ~~ ~ ~. ~ it] [ 5. 5~ .. ~~.~ ~ ;:;:::J::1. ~ ff~'; ~ ,<:5'0 r. ~!l =. t ~ g- , " - ? 3 5" (J '< 3. 0 I'i r r 13 @:' 9' [ r...:r' a. ~ gf 9' g :;,r f (J 5' 0..) 0" .zr; ~1 ['" ~ ~ l " <.no :J. ~ f. :g ~,S- ::::,) a ~[ g' ~ ~ ~ ~~'} i ~f [ =1, ~ I i '" r '" [ [ r i rl :I ~ I I ~ ~ l f. 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