Item C16 BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia 3.Murphy,District 5
— • Mayor Pro Tem Danny Kolhage,Distrct 1
OUNTYMONROE Heather Carruthers,District3
KEY WEST FLORIDA 33040 F ' / ~ George Neugent, District 2
005l294-4641 (�. r,' �y i' ,4.1 David Rice,District
District 4 Office: VAS }.11
9400 Overseas Highway • r i '^"-_. Y
Florida Keys Marathon Airport /-T
Suite 210
Marathon, FL 33050
Ph: 305 289-6000
Fx: 305 289-4610 \ `
Em: boccdis4@monroecountv-fl.gov
Interoffice Memorandum
Date: October 6,2014
To: Amy Heavilin, Clerk of the Court
From: Commissioner David Rice, District 4 / -`ate
Re: Notice of Voting Conflict
Per Florida Statute 112.3143, I hereby disclose by written memorandum that I will
abstain from the vote on certain issues that are brought before the Monroe County Board of
Commissioners with entities that I am involved with.
I will abstain from the vote on issues concerning the following entities: Guidance Care
Center, Inc., a private,not-for-profit entity, which receives some of its operational funding from
the County,as I currently sit on the Board of Directors of the Care Center. I am also a member of
the Board of the Historic Florida Keys Foundation, Inc.
At the October 17,2014 BOCC meeting, I will abstain from the vote on item(s):
#C14:: Approval of agreements with Monroe County Council of
the Arts Corporation d/b/a Florida Keys Council of the
Arts and the Historic Florida Keys Foundation, Inc.for
BOCC direct line-item funding.
#C16: Approval of agreements with Guidance Care Centerfbr the
Substance Abuse Mental Health local match fielding for FY
2015. V 1 i ''A iN003 30NNOW
.11 'NI3
11 :6 WV 8- 130 hbl
UdIJ38 1104 03114
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17, 2014 Division: OMB
Bulk Item: X No Department: Grants
Staff Contact/Phone#: Laura del-oach-Hartle x4482
AGENDA ITEM WORDING: Approval of agreements with Guidance Care Center for the
Substance Abuse Mental Health local match funding for FY 2015.
ITEM BACKGROUND: The Substance Abuse Mental Health funding remains the same as prior
year in the amount of $657,066. A copy of the SAMH services agreement between Florida Dept. of
Children and Families (DCF) and the South Florida Behavioral Health Network (SFBHN) is attached
along with the agreements between SFBHN and GCC.
PREVIOUS RELEVANT BOCC ACTION: For FY 14, the BOCC provided SAMH local match
funding in the amount of $657,066. For FYI 5, the BOCC approved the funding amounts during the
budget process.
CONTRA CT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval
TOTAL COST: JIP$-Baker Act $ /Trnsp. Disadv._$_SAMH $657,06
INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: NA
COST TO COUNTY:-$657,066 SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
:>
APPROVED BY: County Atty 's A I/Purch,61,119 Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Guidance/Care Center Effective Date: 10/QI/14
Expiration Date: 9130/15
Contract Purpose/Description: Local match for state funding to Guidance Care Center for
Substance Abuse Mental Health pursuant to FS 394.76.
Contract Manager: Laura deLoach-Hartle 4482 OMB/Grgnts
(Name) (Ext.) (Department)
for BOCC meetinqo,n,
_LOY 17 1 4 Agenda Deadline: 2=0 14
CONTRACT COSTS
Total Dollar Value of Contract: $657,Q66 Current Year Portion: $657,066
Budgeted? Yes® No ❑ Account Codes: M-045905-530340
Grant:
County Match: $_
ADDITIONAL COSTS
Estimated Ongoing Costs: For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries,
etc.)
CONTRACT REVIEW
Changes Date Out
Revi ky r
�te, n Needed [ ,
411
Division Director YesE] NoEl-
Yes[] NoEl'
Risk Management
O.M.B./Purchasing(-I-)l YesF-1 Non/
County Attorney Yes[] Nods -X2
Comments:
OMB Form Revised 9/11/95 MCP #2
A§LtglEMENT
This Agreement is made and entered into this 17th day of October, 2014, between the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as
` Board" or"County," and Guidance/Care Center, hereinafter referred to as "PROVIDER."'
WHEREAS, the County participates in funding substance abuse and mental: health (SAMH)
services within the County pursuant to Section 394.76(9)(a), Florida Statutes; and
WHEREAS, the PROVIDER is a not-for-profit corporation that provides SAMH services
within Monroe County; and
WHEREAS, it is a legitimate public purpose to provide substance abuse and mental health
services for individuals, now, therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed
as follows:
FUNDING
1. GRANT OFFER TO THE PROVIDER. The County hereby agrees to provide local match
funding for State funding pursuant to Section 39436(9)(a), Florida Statutes, and the contracts
between the PROVIDER and South Florida Behavioral Health Network (ME225-4-27 and PPG-1-06)
attached here in: (Attachment D) to provide substance abuse and mental health services; such
funds shall be expended for alcohol, drug abuse, or mental health service programs,
2. AMOUNT OF AGREEMENT. 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 local match portion of the Provider's expenditures for Substance
Abuse and Mental Health services, as billed by the Provider, for clients qualifying for such services
under applicable state and federal regulations and eligibility determination procedures, for
substance abuse treatment. This cost shall not exceed a total reimbursement of SIX HUNDRED
FIFTY SEVEN THOUSAND AND SIXTY SIX AND NO/100 DOLLARS ($657,0616.00) in fiscal year
2014-2015.
3. TERM. This Agreement shall commence on October 1, 2014, and terminate September
30, 2015, unless earlier terminated pursuant to other provisions herein.
4. PAYMENT. Payment will be paid monthly as hereinafter set forth. Baker Act and
SAMH 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. 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 2, 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 3 above.
Payment 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 complying with Monroe County Code of Ordinances, State
laws and regulations and Attachment A - Expense Reimbursement Requirements. Any funds
Guidance Care Center-SAMH Contract FY15;page I
expended in violation of this Agreement or in violation of appropriate Federal, State, and County
requirements shall be refunded in full to the County. 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 3 above.
After the Clerk of the Board examiines 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 total amount shown in Article 2, above,
during the term of this agreement.
S., AVAILABILITY OF FUNDS, The County reserves the right to withhold/reduce the
funds to the Provider in the event that the Department of Children and Families
eliminates/reduces the State contract funding.
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,
C. 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.
7. PURCHASE OF PROPERTY. Ail 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.
RECORDKEEPING
S. 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
this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant
to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER.
In addition, if PROVIDER is required to provide an audit as set forth in in Section 9(d) below, the
audit shall be prepared by an independent certified public accountant (CPA) with a current
license, in good standing with the Florida State Board of Accountancy, and maintain malpractice
insurance covering the audit services provided. If the PROVIDER receives $100,000 or more in
grant funding from the County, the CPA must also be a member of the American Institute of
Certified Public Accountant (AICPA). The County shall be considered an "intended recipient" of
said audit.
9. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access
to, and iinspection of, all documents, papers, letters or other materials in its: possession or under
its control subject to the provisions of Chapter 119, 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.
Gijidance Care Center SAMH Contract FY15,page 2
10. COMPLIANCE WITH COUNTY GUIDELINES. The: PROVIDER must furnish to the
County the following (items A-M must be provided prior to the payment of any invoices):
(a) IRS Letter of Determination and GUIDESTAR printout indicating current 501(c)(3) status;
(b) List of the Organization's Board of Directors of which there must be at least 5 and for each
board member please indicate when elected to serve and the length of term of service;
(c) Evidence of annual election of Officers and Directors;
(d) Unqualified audited financial statement from the most recent fiscal year for all
organizations that expend $150,000 a year or more; if qualified, inic�lude a statement of
deficiencies with corrective actions recommended/taken;
(e) Copy of a filed IRS Form 990 from most recent fiscal year with all attached schedules;
(f) Organization's Corporate Bylaws, which must include the organiza!tion'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 all
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, per contract ME225-5-27 and PPG-3-06);
(j) All legally required licenses;
(j) Any updates/amendments throughout the fiscal year to the South Florida Behavioral
Network contract with the Department of Children and Families (KH-225) and with
Guidance/Care Center (ME225-5-27 and PPF-3-06);
(k) Annual Performance Report describing services rendered during the most recently
completed grant period (to be furnished within 30 days after the contract end date.) The
performance report shall include statistical information regarding the types and
frequencies of services provided, a profile of clients (including residency) and numbers
served, and outcomes achieved;
(1) Cooperation with County monitoring visits that the County may request during the contract
year; and
(m) 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.
11. AUDIT. The Provider shall provide the County with an annual audit pursuant to
Section 394.76(9)(a), Florida Statutes, which separately reflects the funds received from the
County and related expenditures of said funds during the 2013-2014 fiscal year. Provider audits
shall be performed at no cost to the County and shall be provided to the County no later than
January 1, 2015,
RESPONSIBILITIES
12. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and
agrees with the Board to substantially and satisfactorily perform and provide the services outlined
in Attachment C to residents of Monroe County, Florida.
13. ATTORNEYS 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 procedlures required by the circuit court of Monroe County,
Guidance Care Center-SAMH Contract FY15;page 3
14. 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.
IS. CODE OF ETHICS. County agrees that officers and employees of the County
recognize and will be required to comply 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 contractuail relationship; and disclosure or
use of certain information.
16. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect
to itself, it has neither employed nor retained any company or person, other than a bona fide
employee 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 ai 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.
17. 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
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
18. 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.
19. 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.
20. NOON-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 88-352) 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
Guidance Care Center-SAMH Contract FY15;page 4
patient records; 8) Title VIII 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
21, 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.
22. 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.
23, 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
24. 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.
25. 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.
26. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.23,
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.
27. ATT'ESTATIONS. 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 Workpllace Statement.
Guidance Care Center-SAMH Contract FY15;page 5
28. 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
29. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees
to indemnify and hold harmless Monroe County Board of County Commissioners from any and all
claims for bodily injury (including death), personal injury, and property damage (including
property owned by Monroe County) and any other losses, damages, and expenses (including
attorney's fees) which arise out of, in connection with, or by reason of services provided by the
PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the
PROVIDER'S employees, agents, or volunteers.
30. PRIVILEGES AND IMMUNITIES. All of the privileges 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..
31. 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,
32. 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.
33. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely
upon the terms 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 argent, 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 I
purposes contemplated in this Agreement.
GENERAL
34. 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.
35. 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:
Guidance Care Center-SAMH Contract FY15;page 6 .
For Board.,
Grants Administrator and Monroe County Attorney
1100 Simonton Street PO Box 1026
Key West, FL 33040 Key West, FL 33041
For PROVIDER
Frank Rabbito, Senior Vice President
Guidance/Care Center
1205 Fourth Street
Key West, FL 33040
36. 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.
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 legal proceeding.
37. 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.
38. 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 close as possible to the intent of the
stricken provision,
39. 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.
[THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW]
Guidance Care Center-SAMH Contract FYI 5;page 7
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairman
Guidance/Care Center
C4 C (Federal ID No.5 Ci
Witness
II ''Cosk B
,\Witness i Direct4r, Outreach &Adv6cacy
Guidance/Care Center
MONROE COUNITY ATTORNEY
APPROVED AS TO F ..fir M,
at),
CHRISTIMEM. LIMBER-r-BARROWS
ASSISTAAT(',0Ur,FC'(ATT0ANEY
Date !dI.caT[I L4-
Guidance Care Center-SAME!Contract FY16;page 8
ATTACHMENT A
EXPENSE REIMBURSEMENT REQUIREMENTS
This document is intended to provide basic guidelines to Human Service and Community-Based
Organizations, county travelers, and contractual parties who have reimibursable expenses
associated with Monroe County business. These guidelines, as they relate to travel, are from the
Monroe County Code of Ordinances and State laws and regulations.
A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense
request needs to also contain the followiing notarized certified statement:
"I certify that the above checks have been submitted to the vendors as noted and 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 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 individuail 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.
Payroll
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 paid payroll taxes, check number and check amount.
If a Payroll Journal is not provided, the following information must be provided: pay period, check
amount, check number, date, payee, and': support for applicable paid 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 delliveries, 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 Care Center-SAMH Contract FY15;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 and Meal Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel
Expenses. Travell 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 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.
Mileage reimbursement shall Ibe 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 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 pm. 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, fundraising, non-sufficient check charges,
penalties and fines.
Guidance Care Center-SAMH Contract FY15;page 10
ATTACHMENT 8
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 (Qrqa,nization 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 05/28/0!1 XXX.XX
(A) Total $ X'XXX,.
(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)
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 20 by
who is personally known to me.
Notary Public Notary Stamp
Guidance Care Center-SAMH Contract FYI 5,-page I I
ATTACHMENT C
Services to be provided*
(insert a description of your organization including a list of the services that will be provided by
your organization under this contract.)
Guidance Care Center-SAMH Contract FY15,page 12
ATTACHMENT D
PUBLIC ENTITY CRIW STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submiit 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 CONTRACTOR 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."
I have read the above and state that I neither !
1.L 16A IAI (Respondent's name) nor- I
any Affiliate has been placed on the convicted4ndko6r4isli within th;n last 36 months.
i natureA
Date:
STATE OF:
COUNTY OF: maw
Subscribed and worn to for firmed)d),4 afore me on
(date) by, (name of aff!ant). he is perso
known to me or has produced (type of identification) as
identification.
NOTARY PUBLIC
My Commission Expires:
CAROL A.DOCHOW
of Florida notary pubijC State ol Florida
my Comm.EXPITO JV0 7,2018
ffi
2 Cominisslon FF FF 104 10426868
Guidance Care Center-SAMH Contract FY15;page 13
ATTACHMENT E
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Company)
.—warrants that, he/it has not employed, retained or otherwise had act on his/her behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer
or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this
provision the County may, in its discretion, terminate this Agreement without liability and may also, in
its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of
any fee, commission, percentage, gift, or consideration paid to the former County officer or
employee."
nature)
A- AA J
STATE a Date:
COUNTY OF: 41 ci�!3"s
Subscribed Ad sworn to ( affirmed) before me on
(date) b (name of affiant). He/She is personally
known to me or has pyoduce'd (type of
identification) as identification.
NOTARY PUBLIC
My Commission Expires:
CAROL A.DOCHOW
Notary Publk State of Florida State of Florida
MY Comm.Expires Jun 7.2018:
COMMISSIon#fF104268
Guidance Care Cetiter-SAMH Contract FYI 5;page 14
ATTACHMENT' F
DRUG-,FREE WORKPLACE FORM
The undersigned vendor in accord with Florida StaWte 287..0 7 her b certifies that:
V 1 11
(Name of Business)
1. Publish 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. Inform employees about the dangers of drug abuse in the workplace, the business' 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. Give 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), notify 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. Impose 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. Make 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,
4W. tur4f
Date:
STATE OF:
COUNTY OF:
A.,
SubscHbed and gworn to (or affirmed) before me on T (date) by
(name of affiant). Shape
is personally known tg-me
or has prod) ced 6s,
of identification) as
identification.
NOTARY PUBLIC
-7
My Commission Expires:
CAROL A.00CH10:W
, 11c jb State
z Notary PUblic-State 01 FIE-la
E)t Jjr�
My Comm.EXpires:J tip 7 2 018
n:
Guidance Care Centet-SAMH contract FY15,-page 15 e., Commission#FF 1114�,`r,8