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Item C24 County of Monroe BOARD OF COUNTY COMMISSIONERS Mayor Ileather Carruthers, District 3 A Mayor Pro'fcm Michelle Coldiron,District 2 The Florida Keys - ''F/ Craig Cates,District I l David Rice,District 4 Sylvia 1. Murphy,District 5 DAVID P.RICE,COMMISSIONER 9400 Overseas Highway, Suite 210 Marathon Airport Terminal Building Marathon, FL 33050 O 305.289.6000 E boccdis4@monroecounty-fl.gov Interoffice Memorandum Date: October 14, 2020 To: Kevin Madok,Clerk of the Court County Clerk's Office From: Commissioner David Rice,District 4 i0744 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 brought before the Monroe County Board of Commissioners with entities with which I am involved. 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 Guidance Care Center. I am also a member of the Board of the Historic Florida Keys Foundation, Inc. At the October 21,2020 BOCC meeting,I will abstain from the vote on item(s): #C3& C24 Copy of agenda item listing from the Revised Agenda for each of the referenced items)is included for documentation. ATT: Slate Form 88 Memorandum of Voting Conflict for County,Municipal,and Other Local Elected Officers FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD C LINCIL MMISSION.AUTHORI 0 COMMITTEE RLCE DAvTD PAYWE monroa oun-tvGear-lee Co men(s',5ionefS MAILING ADDRESS / U / THE BOARD,COUNCIL COMMIS$ION,AUTHORITY OR COMMITTEE ON 133 0119C- `I n a6(rot / fir WHICH I SERVE ISAUNITyF LH I COUNTY U CITY OUNTV ❑OTHER LOCALAGENCY CITY l tlara9-kon mamma - NAME OFPOUTICA UBDIVISIgqN� DATE ON WHICH VOTE OCCURRED MonMY POSITION IS. IS. n �E . )l ELECTI ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143. Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUSTABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (Including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative, or to the special private gain or lass of a business associate. Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A°business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting, and • WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting.who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN. • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM BB-EFF 11/2013 PAGE i Adopted by reference in Rule 347 010(11(p.FA.C APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING'. • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible far recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Day; ci ID- Pee-- ,hereby disclose that on O C-fa IQ nr 24 , 20 20 - (a)A measure came or will come before my agency which(check one or more) A//4 inured to my special private gain or loss; inured to the special gain or loss of my business associate, , inured to the special gain or loss of my relative, , inured to the special gain or loss of . by whom I am retained;or inured to the special gain or loss of which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. he measure before my agency and the nature of my conflicting interest in the measure is as follows: I currently sit on the Board of Directors of the Guidance Care Center, Inc. I am also a member of the Board of the Historic Florida Keys Foundation, Inc. I SEE ATTACHED AGENDA ITEM SUMMARY C3 c CZ4/ If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer who is also an attorney. may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. D c4S'p 14 20 zo /� � if Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM BB-EFF I I/2013 PAGE 2 Adopted by reference In Rule 34-7010(I)(f).FA.0 C.24' BOARD OF COUNTY COMMSSIONERS County of Monroe f ma Mayor Heather Carruthers,District 3 h} ] Mayor Pro Tem Michelle Coldiron,District 2 The Florida Keys Craig Cates,District 1 =E �j David Rice,District 4 `w'P•=w Sylvia J.Murphy,District 5 County Commission Meeting October 213, 2020 Agenda Item Number: C.24 Agenda Item Summary #7427 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Janet Gunderson (305) 292-4470 No AGENDA ITEM WORDING: Approval of FY21 Clerk's Drug Abuse Trust Fund agreements, totaling $56,822. Agreements are with Florida Keys Children's Shelter ($9,429), Key Bridge ($19,028), Florida Keys Outreach Coalition ($6,211), Guidance/Care Center, Heron ($15,914) and Keys to Be the Change ($6,240) for Substance Abuse Treatment and Prevention programs. The Substance Abuse Policy Advisory Board (SAPAB) recommended the programs to be funded by the Clerk's Drug Abuse Trust Fund. ITEM BACKGROUND: The Substance Abuse Policy Advisory Board (SAPAB) met on May 15, 2020 to discuss the distribution the Florida Department of Law Enforcement Byrne Memorial JAG funds and the Clerk's Drug Abuse Trust Fund based upon applications received. The following recommendations were made by the SAPAB in regard to the Drug Abuse Trust Fund: Florida Keys Children's Shelter $9,429; Key Bridge $19,028; Guidance/Care Center, The Heron $15,914; and Keys to Be the Change $6,240 and Florida Keys Outreach Coalition $6,211. PREVIOUS RELEVANT BOCC ACTION: Last year (5/22/2019, Agenda Item C.36) BOCC approved the recommendation of the SAPAB and allocation of $79,597 from the Clerk's Drug Abuse Trust Fund. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Children's Shelter DATF FY21 Heron_DATF_FY21 Key Bridge_DATF_FY21 Keys to Be the Change_DATF_FY21 FKOC_DATF_FY21 Packet Pg. 854 C.24 FINANCIAL IMPACT: Effective Date: October 1, 2020 Expiration Date: September 30, 2021 Total Dollar Value of Contract: $56,822.00 Total Cost to County: $56,822.00 Current Year Portion: $56,822.00 Budgeted: Yes Source of Funds: 164— Clerk's Drug Abuse Trust Fund CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: No. County Match: No. Insurance Required: No Additional Details: Project Periods are for October 1, 2020 through September 30, 2021 10/21/20 164-04569 DRUG ABUSE TRUST $15,914.00 G/CC - The Heron 10/21/20 164-04569 DRUG ABUSE TRUST $6,240.00 Keys to Be the Change 10/21/20 164-04569 DRUG ABUSE TRUST $6,211.00 FKOC 10/21/20 164-04569 DRUG ABUSE TRUST $19,028.00 Key Bridge 10/21/20 164-04569 DRUG ABUSE TRUST $9,429.00 Children's Shelter Total: $56,822.00 REVIEWED BY: Christine Limbert Completed 10/05/2020 11:50 AM Christina Brickell Completed 10/06/2020 4:29 PM Maria Slavik Completed 10/06/2020 4:29 PM Liz Yongue Completed 10/06/2020 4:34 PM Board of County Commissioners Pending 10/21/2020 9:00 AM Packet Pg. 855 C.24.a AGREEMENT This Agreement is made and entered into this 21'3t day of October, 2020, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUI , FLORIDA, hereinafter referred to as "Board" or "County," and Florida Keys C:hi€dren's Shelter, Inc., hereinafter referred to a "PROVIDER." WHEREAS,S, the PROVIDER: is a not-for-profit corporation established for the provision of providing shelter and offering various procO,rarns for vulnerable children, and WHEREAS, it is a legitimate public purpose to provide shelter and offer prograrns for vulnerable children and adolescents who present at risk for substance use, aggressive/violent behavior, and/or premature sexual activity, now, therefore, IN CONSIDERATION of the rnutUal promises and covenants contained herein, it is agreed as follows; 2 FUNDING 1. AMOUNT OF AGREEMENT. The board, in consideration of the PROVIDER substantially and satisfactorily performing and providing a program for the prevention of risky behaviors and help build a positive future for children and adolescents in Monroe County, Florida, shall pay to the PROVIDER the sure of NINE THOUSAND, FOUR HUNDRED TWENTY-NINE AND N0/100 DOLLARS � ( 9,429.00) for fiscal year 2021, as recommended by the Substance Abuse Policy Advisory Board and funded by the Clerk's Drug Abuse Trust Furid. 2. TERM This Agreement shall commence on Octo er 1, 2020, and terminate September Q 30, 2021, un€ess earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be made periodically, no less than quarterly but no more frequently than monthly, as hereinafter set forth. Reimbursement requests shall include items paid >` by the PROVIDER within 120 days of payment by the PROVIDER, R.eirribursement requests will be r submitted to the Board via the Clerk's Finance Office, Reimbursement request and supporting F- documentation must be acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's r disbursal of funds, 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 Attachrrrent A - Expense Reimbursernent ) Requirements. Evidence of payment by the PROVIDER shall be in the form of a fetter, summarizing the expenses, with supporting documentation attached, The Clerk's Finance Office may accept Reimbursement bequests electronically, but only when submitted and formatted in a PDF file with = cover letter and attachments together in one (1) fife.) The PROVIDER agrees to submit hard copies of Reimbursement bequest and supporting documentation upon request, The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as dAttachr-rent B. The oranization's final invoice must b 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 reirr^iburse ent expense payments in the aggregate sum ,hall not exceed the total amoc..rnt shown in Article 1, above, during the terra of this agreement. AVAILABILITY E FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reirnbursernent 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 DATF Contract:Florida Ke,s C hilclr•en s Vielter F)"21 Page 11 Packet Pg. 856 C.24.a or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. S. 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, Funding under this agreement shall not be used to purchase capital assets, RECORDKEEPING . RECORDS AND RIGHT TO AUDIT. PROVIDER, shall maintain all books, records, and doCUrnents 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 rather 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. Right to Audit. Aararlataility° of Records, The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as � computer readable data if it can be rnade available; general ledger entries detailing cash and if applicable trade d'ISCounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Ccsunty or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and Q all other agreements, sources of information and matters that may in Courrty's or the County Clerk's >- reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County`s representative >- and/or agents or the County Cleric. County or County Clerk may also conduct verifications such as, I but not limited to, counting employees at the job site, witnessing the distribution of payroll �- verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and arnounts through interviews and written confirmations with employees, Subcontractors, Suppliers, and contractor's representatives. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. The might to audit provisions survives the termination of expiration of this Agreement. In addition, if PROVIDER. is required to provide an audit as set forth in in Section (e) below, the = audit shall be prepared by an independent certified public aCcountant (CPA) with a current license, in gored standing with the Florida State Board of Accountancy. . PUBLIC CCIE . The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all docr,.rments, 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. . COMPLIANCE WIT COUNTY GU C L . The PROVIDER must furnish to the County the following (€terns (a)-(j) 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) Proof of registration with the Florida Department of AgrlCulture, as required, by Florida Statute 496,405, and the Florida Department of State, as require by Florida Statute 617.01201, or proof of exemption from registration as per Florida Statute 496.406, DAT'f Confr act:Florida KeYs Cd ildren's Shelter FY21 Page 12 Packet Pg. 857 C.24.a (c) List of the rganization'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 terra of service; (d) Evidence of annual election of Officers and Directors/Directors At-Large or bi-annual election of Officers and Directors/DirectorsAt-Large as applicable; (e) Unqualified audited financial statements from the 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 recornmended/taken; 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, If the PROVIDER receives $100,000 or more in grant funding from the County: a. The CPA that prepares the audit must also be a member of the American Institute of Certified Public accountants (AICPA); b. The CPA must maintain malpractice insurance covering the audit services provided and c. The County shall be Considered an "Intended recipient" of said audit. (f) Copy of a filed IRS Form 990 fror-n most recent fiscal year with all attached schedules; (9) Organization"s Corporate Bylaws, which must include the organization"s mission, board and membership composition, and process for election of officers; (h) 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; (i) Specific description or list of services to be provided under this contract with this grant (see Attachment ); (j} annual Perforrnance 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 "r achieved (see attachment G); (k) Cooperation with County monitoring visits that. the County may request during the contract year; and (1) 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 r contract year, RESPONSIBILITIES �r g. 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 U) in attachment O to residents of Monroe County, Florida. 10. 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 CU 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. 11. 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. 12. 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, 13, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency, unauthorized corrrpensation; misuse of public DATT'C"onfract:r1orida KeYs Children`s Shelter F321 Page 13 Packet Pg. 858 C.24.a position, conflicting en'iployrnent or contractual relationship; and disclosure or use of certain information. 13. NO SOLICITATION/P E T, 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 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 withor.at liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. .4. 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 corastrr.red so as to find the PROVIDER or any of its employees, contractors, servants or agents to be employees of the Board, COMPLIANCE S€ ES 15. COMPLIANCE I 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, . PROFESSIONAL E P SI ILIA` 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. 17. -DISC RIM1 NATION. The COLJNTY and PROVIDER agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a �r 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. The COUNTY and PROVIDER agree to comply with all Federal acid Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to; 1) Title VII of the Cavil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment = of 1972, as amended (20 USC §§ 1681-1.683, and 1.68 -.1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended ( 2 USC §§ 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 CU 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, §§ 523 and 527 (42 USC §§ 69 dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records, 8) Title VIII of the Civil rights duct of 196 (42 USC §§ 3601 et sect.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gentler identity or expression, familial status or age; and 11) any other I AIT'Coratrraet:Florida lief<Chiidr°en"s Sh lter F}21 P(c ge 14 Packet Pg. 859 C.24.a 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 I& MODIFICATIONSAND 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, 19. 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. The PROVIDER and County staff shall try to resolve the clairn or dispute with meet and confer sessions to be cornmenced within 15 days of the dispute or clairn. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seep such relief or remedy as may be provided by this agreement or by Florida law. Any claims or dispute that the parties cannot resolve shall be decided by the C,IrCLJit Court, 16 th Judicial Circuit, Monroe County, Florida. 20. 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, rneetings, and other activities related to the substance of this ur 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 1. COVENANT COVENANTOF 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 I benefits as recited in this Agreement. . NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing �r and with the pricer 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 assigrinrent and any assignee shall comply with all of the provisions herein. U) Unless expressly provided for therein, such approval shall in no manner or event be deerned to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER, — . NON-WAIVER OF IMMUNITY, Notwithstanding the provisions of Sec. 7 8. 8, Florida atatr.rtes, 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. a ATTESTATIONSa 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 Staternent, a 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. DATF C'ontr acl:Florida Kelys C hildren"s Sheller FY21 Page 15 Packet Pg. 860 C.24.a INDEMNITY ISSUES 26. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all clairns and causes of action for medical malpractice, Medical negligence, 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. 27. PRIVILEGES Ai UNITIZES. 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. 28. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deerned 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. 29. LEGAL L T RESPONSIBILITIES: Non-Delegation of Constitutional or Statutory Duties, This Agreement is not intended to, nor shall it be construed as, relieving any Q 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 >- cons'titutional or statutory duties of the County, except to the extent permitted by the Florida r constitution, state statute, and case law, C. 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 agent, officer, or employee of either shall U) ur 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 arid apart, inferior to, or superior to the community in general or for the purposes contemplated in this = A reernent. GENERAL 1. 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 r-nay execute this Agreement by signing any such counterpart, 2. NOTICE. ,Any notice required or permitted under this agreement shall be in writing and hand-delivered or mailed, postage pre-paid, by certified mail, returr'r receipt requested, to the other party as follows; For Board. Grants Administrator arid Monroe County Attorney 1100 Simonton Street PC Box. 1026 1 ATF'Coa tract,.Noricicr K�? s C hildr en's Shelter FY 1 llc�ge 16 Packet Pg. 861 C.24.a Key West, FL 33040 Key West, FL 33041 For PROVIDER Ben Kernrner, Co—CEO Florida Keys Children"s Shelter, Inc. 73 high Point Road Tavernier, FL 33070 305) 52-4246 Email: bkernrner., fkcs.orci . GOVERNING LAW, VENUE, INTERPRETATION, COSTS, FEES, This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts rnade 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. . NON-WAIVER, Any waiver of any breach of covenants herein contained to be kept and performed by the PROVIDER shall riot be deemed or considered as a continuing waiver slid shall not operate to bar or prevent the Board frorn declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise, . 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 terr"r7, covenant r 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 �r 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 provisions U) ` 36. CLAIMS FOR FEDERAL OR STATEAID: 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, Any conditions imposed as a result of funding that effect the Scope of — Services will be provided to each party. . ENTIRE AGREEMENT, This agreement constitutes the entire agreement of the parties hereto with respect to the subject rnatter hereof and supersedes any and all prior agreements with respect to such subject matter between the PROVIDER and the Board, [THIS C INTENTIONALLY LEFT BLANK WITHSIGNATORY PAGE TO FOLLOW] L DA7T Contract:Florida Ke.rs Children s Shelter F121 Ptage 17 Packet Pg. 862 C.24.a 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 'M I IONER, ATTEST: KEVIN MADOK, CLERK OF M N€ OE COUNTY, FLORIDA y By Deputy Clerk Mayor/Chairman Florida Keys C,hil re 's Shelter, Inc. 2 V (Federal ID No. _ } Witness �. € ss r.<<Iet ExeUltive Officer c.> U) U DA TF Contract:Florida Ke-s•Chileken's Sheller F Y'I Pckge 8 Packet Pg. 863 C.24.a ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Comm Linity-Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business, These guidelines, as they relate to travel, are frorn the Monroe County Code of Ordinances and State laws and regulations, A cover letter (see Attachment B) summarizing the major line iterns on the reimbursable expense request needs to also contain the following notarized certified staternent: "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 ether 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 reimbursernent, 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 re€rnbr.rrsernent requests on an individual basis. Any questions regarding these guidelines should be directed to 5-2 -3534. Data Processing, PC Time, etc. The vendor invoice is regUired for reirnbursernent. Inter-company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are >` attached and certified. I Payroll A certified staternent verifying the accuracy and authenticity of the payroll expense is needed, if a Payroll .journal is provided, it should include: dates, employee narne, salary or hourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount, If a Payroll .journal is riot provided, the following information must be provided: U) p d 0 p pay period, check � amor...int, check number, date, payee, 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 deliveries, the vendor invoice must be included, Rents, teases, 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 docurnent, 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 DAT F C'crr,lr u.° :Florida Kees C hilrko,,'s She ter FY21 Page 1 9 Packet Pg. 864 C.24.a Teletap Ea , 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 culler, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted can a Mate of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be pain 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 reirrnbursed 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, barking 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. Roorn must be registered and paid for by traveler, The County will only reimburse the actual room acid 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 POLICE" of the Monroe County Code of Ordinances. An odometer reading Q 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, MEAD, r AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel E" must begin prior to 6 a.m. for breakfast reirn ursement, 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, �r Non-allowable Expenses The following expenses are not allowable for reirriburs€went: 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. — ra C7 TT'C'canfr acf:Florida lw eIrs Childr en s N?elter t°Y21 Pcgz e 10 Packet Pg. 865 C.24.a ATTACHMENT 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 ( taniztion rule) for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 12 Company B Utilities xxx,xx 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 xxx,xx (A) Total ....,..1C. (B) Total prior® payments X,XXX.XX (C) Total requested and paid (A + B) X,XXX.XX (D) Total contract amount X,XXXm Balance of contract (D-C) S=Lz XX 04 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 04 compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursernent to any other funding source. Chief Executive Officer Attachments (supporting documentation) TO BE COMPLETEDBY NOTARY (in accordance with Mate notary requirements) en State of County of The foregoing instrument was acknowledged before me, by means of 0 physical presence or 01 online notarization, this day of (month), (year), by ra (name of officer or agent, title of officer or agent) of _ (name of entity). Personally Known: Produced Identification: Type of ID and NUMber on (SEAL) Signature of Notary Name of Notary (Typed, .Stamped or Printed) Notary Public, State of DA i'F C ontr act:Florida d5 eIVS C"lalldrera'S Nielter°FY'21 Page 111 Packet Pg. 866 C.24.a ATTACHMENT C Specific description and list of services to be provided under this contract: Through tilizi the "ALL STARS" Research BasedProgram, a will better be able to serve the at-risk families from onroe County to help reduce the risk of substance abuse. The Goal oft e Florida Keys Cilren's Shelter is to prevent risky behaviors among adolescents and Help adolescents build positive and bright futures.When implementing"ALL STARS"from the end o elementary school through highschool, it delays the onset of substance use.As an added ene t,All Stars also prevents other behaviors, including early sexual activity, bullying and fighting.Whatever risky savior exists, it is All tars`goal to reduce i , postpone it and prevent it. The second goal of All Stars is to give kids hope and envision a bright and positive future forte selves. Research shows kids who have a clear vision for their future, know what they need to do to make i happen and believe risky behaviors will get in the way of it will more likely achieve the future they wire.All Stars inspires kids to dream about, develop and carry out a plan fora positive and bright future. Areas of Focus:Alcohol,Tobacco ter Drugs, Nutrition, Personal Health Includes activities ice • Develop positive norms • Build idealism and pro-social values • Develop resistance skills • Develop decision-making skills >` i ® Reinforce appropriate beliefs about consequences of alcohol,tobacco,&other drug( T use • Practice goal setting ® Teach stress management Cn • Reinforce appropriate beliefs about consequences of nutritional practices( ) • reinforce appropriate beliefs about consequences of health practices( ) • All Stars Senior Logic Model Children and adolescents who present at risk for substance use,aggressive/violent behavior, premature sexual activity will receive these services and will include ages -1 (Childhood); 1 - 7 (Adolescent), genders male female races/enicities Asian black or African American Hispanic or Latino White, Program a ici ants could be referred DJJ. Many of our current community based counseling cases are referred y DJJ due to being at risk for substance abuse or ungovernable. FKCS plans to to serve 50 youth it the All Stars program, The services will be provided by 6 employees at FKCS,the staff members who are providing the services include one Licensed Mental Health Counselor. FKCS is requesting funding equal to 1 %of the professional's current salary to provide the All Stars program.4 staff members will be funded by this program. DATF Contract.Florida Keys Children's shelter FY21 Page 112 Packet Pg. 867 C.24.a ATTACHMENT D PUBLIC ENTITY CRI14E 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,R, supplier, subcontractor, or CONTRACTOR R 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,, 1 have read the above and state that neither Cie i Vk ct-i (Respondent's name) nor any Affiliate has been placed can the convicted vendor ist within the last 36 months, a�r�',naure� r i , µ. Date, °� u. i C BE COMPLETED BY NOTE (in accordance with Mate notary requirements) Mate of 44 D tq, 4 ' __ U) i County of "AD o ,G Tlie foregoing instrument was acknowledged before me, by rreans of❑ physical presence or 011 online notarization, this —day of l _ (month), (year), by .r s r°Rr\ rk .. (name of officer or agent, title of officer or agent) of e-14Ce- (name of entity)° Personally Known Produced Identification° Type of ICE and Nurnber on ID l ............. Signature of Notary 431 Name of 1Vo�a ) TIVU . (rotary Publics �® DATF Contract:Mori&7 KeYs C hildren°s Shelter FY21 Page 113 Packet Pg. 868 C.24.a COUNTY, ATTACHMENT E SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE FLORIDA ETHICS CLAUSE V � �, � � •.... y h� �fir'.'. ,1 ,'�.'i'e'".� r � t'f �....,b,sr (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. 010-190 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 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," ignature) � Date; <4 04 04 I F- 4,.��tt 7IL,r,f rlt r�j�r.�r d ej a. .0 Cn " !I fl ,W ig m (year), by t) Q) VL a;[Jjeens (SEAS..) - Signatur No ir* °imy KKIYA 4o - .4 s" 2". l�arr�e of Not a ,"''v �.: F t ` ;�Al a m .® ^ Notary Public, State of 17.ET'Contreict:Florida KeYs C'hildren s,Shelter f Ys I Page; 14 Packet Pg. 869 C.24.a A TAC I-I M f n f T ., y'y vendora., a,as "m tot, Rondo Mute 28 ¥ a 1. ? f<, r.a.. 5ssi r Publish `s e�. „ I, ,..'' ,, Wr;,:.' he riia,,,f'iA n „sr,s,�.., distribution, l�.n, �� �u;�arr.rt7�: 1 ,�ll ,rr ;, �N t s,.,� , ,�� .� z � r a.; ',,;p;,1 sh",,wa p.., .,st.r...r,. , ri, or use of a. controlled led ,i t e oio i^`p!a,..:e an,:.' p,.:+ ti r1 ,g ,�,t,. ,._:fl' fits t„ad sxali t,rrn. tt.n€,..1. ,..gRs,,,,,t employees l,.a',<es,rre. for Jr-Isttl„t;. of such prchitildow 2 l...a..an k."9 T'1. .o,'a.,e about Mecangers of drug abuse e '� Ito 1,, f..ce, &-a clul,rE ;r s dOy of � aJ 'edrt i fJ a JJr #r -Free "orkpiaw, any available drug counseling, rehabiRaDow and � empkWee rrs,.ls;;ance I:r .r:,r.elrs,, ari €.rI',,., p nr.?7U£..:.. that may be Opesed upon er"' 3 t,. ee for +a d. ,,, ..a,ti"e b h 7?1 p'ft, ,•t,?w ,,a1,..(t a£ .n in i pTa,'s Jr.tt1g the ink rs,fr,odMet,: or orash a,LIsvFl se, aces ,?1a1 4'.;. ..cifi,'�. waiw�,.t ;,ra m a ���� ,., �a"it. �'�. , 'i i„t.tits k , r�< s�,J b,.ef::t; , l (1)a � � .,.t, Afl r r,., � t a1� r a,,,,::11 £ ll lt1 l�f % rl£ < l r r tl r z0 s rri p I t k a t: s _ a u t1 f 2 working r on t1tti. , ,3,rr,rmd e.., '..,t ,.,,.5�)t� , 4 ,.w,,,; ;,tnr ,r`.n,a,, chat are Under, bid, the abide by the <c'a., of 1,1, .,,c .,.P.•„T L �.srS�( Sr,dll noUPV th,. ~✓rataJr}o .;E` of arrt5,f .t,.f7's%1,trtrrl ,.' r i � plot of qpAky or nclo c lae,,.r3r.ra..,e. to, any io .ea•.ion of Chapter 89 (Ronda a;.J Statutes,) ,. t, any r_t.s,?nAa 'L J..,,stadric' z.,w of the ,. nke., ,..tat ',s cn ar,s' for v 6a on �:c .,mhrig 1n a '' aU. tas,r"tsdr s rio ir`ter <„s,.,Y , s a 5) .Jays aRer trh.ch .,,Jl,Ms ". .:, Impose a sanction cn or ' qui e the satisfactory p�,{,ti i a-Arori in e ,,i (r ,.3 ,sl s e , pr#, ) Ufa"i if `. ,tt h is av l,a,?'rN in the ...srt;;o , e'..: ,_rfn7"t"?', ,,J,;y, rr}J I y s h8 t , "'• - e g , .•�,.d Nth effmt to ,o $.1,IL..e to fn rl,,r..elrl .:`', drug-Nee workplace ,,'Jhf.o gh implementation of tVHs section, As the t &`'.tt l Il.A ,rle.."r to sign the s..,uJ.eT n I cc Q Wi trlrs n It ,.„tf'7W&s 'fully with the � c„E.Ure r e i r,e ri1 eptaza � r- w iu e Date. TO 13E COMPLETED BY P40TARY Qn ,..< �,J,,. aa�,t � ".U;Je.. r < ,,��t � ,� „�. a,�. ,�F'• � State of eof C T1``re '1`.,k.gd n,'.4:auP11,'nt ws ,:'Jl !rw.;l edged bee ',, P„, b r•i,,.d5n r of F_i phywal pt,,..., nce or C1 Wnc 4 ,. s (n1 1x1rT" r,r\nA ten me offk r or agent, title of officer or agent) of ,:rr�:.,, of entity), Posomlly Known Produced Tderutifucati rm. .Type of Yt) sand Number on TED (SEAL) gnat.u�re of N teary Name of Notary f,Typec,rt tamped d or Printed) ®` Notary Public, State of DATF Contract:F/orida Keys Childrens Shelter FY_'1 Page 15 Packet Pg. 870 C.24.a FY2021 Annual Performance Report r year October 1, 2020—September 30, 2021 (Report Deadline: October 31, 2021) Ire Point of Contact(PO ) Phone/Email .................. .... . .... .. ._........ Grant mount _.................. -------- _....._._.... .......,................. ....... ur Per Section 8 of your contract, it is required that you fill out the entire form and answer every question. Narrative on the FY2021 Performance J.e._succ s chall n{ s etc. .- - Questions. 1. Please list services and client information below for the program/activities funded by the Monroe County award, °C cription of'targ t I Number of Persons an Total Number of Clients suri;atiorr of Services Poi.,plaCronhet 1 ! on Served in FY2021 Total Undunlic�t d Clients Served Cn 2. What were the measurable outcornes (including numbers)accomplished in FY2021? Please base these outcomes on tyre services you identified in Question 1. _ 3. What number and percentage of your clients/participants were at or below the federal poverty level in FY2021 I- and/or 200%; and/or another standard used by your organization? U 4. What area of Conroe County did you serve in FY2021? 5. DUring FY2021, how many months did you provide program services to ( ?.1) clients? 0, How many total C==TF:s in your organizations? * How many FTFs worked on the pro rams)funded by the FY2021 DAI F award? . Volunteers: _hours of prograrn service were contributed by volunteers in FY2021 8 ATF'ConlrtaX,k Florida idaa&e s Chilt ren's�,,Sheher F'Y21 Pggz .-,,116 Packet Pg. 871 C.24.a FINANCIAL REPORT FY2021 CLERK'S DRUG ABUSE TRUST FUND (DATF) (Note: Report Only DA TF Granterg iture ) 9. Were all`the awarded funds used in FY2021? a. If no, please explain: 10. Allocation of FY2021 Award; Clerk's Drug Abuse Trust Fund Award Amount= $ Program ease Administrative Expense Budget Category, Amount) �_ liar_Amount),- Salaries $0 $0 FICA $0 $0 2 Independent Contracto;;;s _ $0 $0 Office, u!.plies,Tele„,hone, Posta..ae $0 $0 Utilities $0 $0 � Insurance $0 $0 ur Repair& Maintenance $ $0 Travel,I"r@nsportatiorr 0 ;_ 0 Rent/Association Cues_ _ $ $0 Client Service/Describe $0 _ $0 Client Service/Describe $0 $0 Client Service/Describe: $0 $0 r ClientService/Describe: $0 $0 �- Other Ex ?ease/Describe: $0 Other Fxiense/Describe: $0 $0 Other Ex�;ense/Describe: �S0 $0 Other Exj>ense/Descrbe: $0 $0 11. Cora,,= n ati n Detail: Include all persons who receive compensation from the FY°20 1 Clerk's Drug = Abuse Trust Fund (including Independent Contractors) Employee Name Type of Work tars.Worked afoul Charges Ft acne, Last Initial Title Performed in faro;rarrr on Pro ;rarn to Fro,.,rarn U CU $0.00 $0.00 $0.00 _. $0.00 $0.00 _. $0.00 $0.00 $0.00 $0.00 (Note.If you reed more space you nnay add additional fine a:)r an addendum) La.42'F Contract:F7orrda Ke)s Children V?eh r F Y21 130ge 117 Packet Pg. 872 C.24.a 12. Did the FY2021 funding from the Clerk's Drug Abuse Trust Fund serve as required match for a portion or all funding awarded by another granting agency? If yes, please provide details below: Amount of Warne of Grantor � rrtnunt ( Grantor Type: Grant Type: I Match ado Funding that Required Match Awarded by Federal, Competitive or Require served as Funding Grantor*** Mate, Non-Competitive by the Required Local or 1 Granter Match �. ) Foundation *x* m7ter the Amount Awarded by the Grantor regardless of whether DATE provicdecd 100%of the Required latch. r the following questions, please use the number as reported n your FY2021 IRS Form 990, your FY2021 IRS Form 990 is not yet prepared, please provide an estimate for the followingv, questions. 2 3. What is your organization's fiscal year? 14. What were your organization's total expenses in FY2021? 10. What was your organization's total revenue in FY2021? 16. What was the organization's total in grants and contracts for FY2021? 17. What was the organization's total donations/fundraising and in-kind in FY2021'? a. Cash Donations/Fundraising: i . In-kind Donations/Fundraising: 18. What percentage of your expenses are program service expenses' versus management and general expenses in FY2021 as reported on your IRS Farm 99 ? en 19. Additional Comments, Questions and/or Suggestions: U Email e Annual Performance a to the Grants Coordinator for Monme County Prc ,ravir sc; rice exl,�,enses are defined as expenses needed to run your programs, -'Matta avid eneral ex eases encompass expenses such as hurnan resources,sdarles of those not worHng directly with programs,legaP ser0ces,acccu.anfing services, insurance expenses,office management,aud[fing,and other centralized services. DATF C'craarract.Plor°tdcr K eYs C hildren s Shelter Y-21 1 e4ve 8 Packet Pg. 873 C.24.b AGREEMENT This Agreement is made and entered into this 215t day of October 2020, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and Guidance/Care Center, Inc., a Florida 01(c)(3) not-for-profit corporation, hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not-for-profit corporation established for the provision of mental health support for disadvantaged, mentally ill persons, and WHEREAS, it is a legitimate public purpose to provide mental health support for disadvantaged, mentally ill persons, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as folios: 1. AMOUNT OF ® The Board, in consideration of the PROVIDER substantially and satisfactorily performing and providing mental health support for disadvantaged, mentally ill persons living in Monroe County, Florida, as provided for in this Agreement, shall pay to the PROVIDER the sum of FIFTEEN THOUSAND (VINE HUNDRED FOURTEEN AND NO/100 DOLLARS ( 1 ,914.00) for fiscal year 2021, as recommended by the Substance Abuse Policy Advisory Board and funded by the Clerk's Drug Abuse Trust Fund. ® TERM. This Agreement shall commence on October 1, 2020, and terminate September 30, 2021, unless earlier terminated pursuant to other provisions herein. ® PAYMENT. Payment will be made periodically, no less than quarterly but no more frequently than monthly, as hereinafter set forth. Reimbursement requests shall include items paid by the PROVIDER within 120 days of payment by the PROVIDER. Reimbursement requests will be >- submitted to the Board via the Clerk's Finance Office. Reimbursement request and supporting I documentation must be acceptable to the Clerk. Acceptability to the Clerk Is based on generally U- accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. 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 2 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 Clerk's Finance Office may accept Reimbursement Requests electronically, but only when submitted and formatted in a PDF file with cover letter and attachments together in one (1) file.) The PROVIDER agrees to submit hard copies CU of Reimbursement Request and supporting documentation upon request. 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 total amount shown in Article 1, above, during the term of this agreement. ® 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 ?7,1?"P°`Contrcc;t:GA t Il The Heron FY2 P Page 1 Packet;Pg. 874 C.24.b or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. ® 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. Funding under this agreement shall not be used to purchase capital assets. RECORDKEEPING AUDIT.6. RECORDS AND RIGHT TO 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. Righti . Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; general ledger entries detailing cash and if applicable trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations >- under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, >- but not limited to, counting employees at the job site, witnessing the distribution of payroll, i verifying payroll computations, overhead computations, observing vendor and supplier payments, U- miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractor's representatives. The County Clerk possesses the independent authority to conduct an audit of 2 Records, assets, and activities relating to this Project. The right to audit provisions survives the termination of expiration of this Agreement. In addition, if PROVIDER is required to provide an audit as set forth in in Section (e) 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. ® PUBLIC ACCESS. The County and PROVIDER shall keep and maintain public records, as defined by Chapter 11 , Florida Statutes that are required to perform the services required by the contract. Care Center upon request from the County's custodian of public records, provide the County with a copy of the requested public records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed that provided in Chapter 11 , Florida Statutes, or as otherwise provided by law. County shall ensure that public records that are exempt or that are confidential and exempt from public record disclosure are not disclosed, except as authorized by law for the duration of the contract term and following completion of this Agreement if Care Center does not transfer the public records to the County. Upon completion of this Agreement, Care Center shall transfer to the County at no cost, all public records in possession of Care Center or; keep and maintain public records required by the County to perform the Agreement services in accordance with the public records retention schedule set forth by the Florida Department of State, Division of Library and Information Services. If Care Center transfers all public D,47T'(7o atract:Glc'C, he Heron P 2I Page, 12 Packet Pg. 875 C.24.b records to the County upon completion of the Agreement, Care Center will destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the County, upon request of the County's custodian of public records, in a formal that is compatible with the information technology systems of the County. The County may unilaterally terminate this Agreement if Care Center refuses to allow access to all public records made or maintained by Care Center in conjunction with this Agreement, unless the records are exempt from section 24(a) of Art. I of the State Constitution and Chapter 119, Florida Statutes. ® COMPLIANCE WITH COUNTY . The PROVIDER must furnish to the County the following (items (a)®(j) must be provided prior to the payment of any invoices): (a) IRS Letter of Determination and GUIDSTAR printout indicating current 01(c)(3) status; (b) Proof of registration with the Florida Department of Agriculture, as required by Florida Statute 496.405, and the Florida Department of State, as require by Florida Statute 6 7.01201, or proof of exemption from registration as per Florida Statute 496.406. (c) 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; (d) Evidence of annual election of Officers and Directors/Directors At-Large or bi-annual election of Officers and Directors/Directors At-Large as applicable; (e) Unqualified audited financial statements from the 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; 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. If the PROVIDER receives $100,000 or more in grant funding from the County: a. The CPA that prepares the audit must also be a member of the American Institute of Certified Public Accountants (AICA); b. The CPA must maintain malpractice insurance covering the audit j services provided and c. The County shall be considered an "intended recipient" of said audit. (f) Copy of a filed IRS Form 990 from most recent fiscal year with all attached schedules; ( ) Organization's Corporate Bylaws, which must include the organizations mission, board and membership composition, and process for election of officers; �- (h) 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; (i) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (j) 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 U CU achieved (see Attachment G); (k) Cooperation with County monitoring visits that the County may request during the contract year® and (1) 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 9. SCOPE F 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. ® TT . 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 1)tg Tr Conir ac.'1:G r C C1 The Heron M 1 Page 13 Packet Pg. 876 C.24.b 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. ® 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. ® 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 contractual relationship; and disclosure or use of certain information. SOLICITATION/13. NO 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 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 shalt 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. ® 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. 15. COMPLIANCE WITH COMPLIANCE ISSUES . In providing all services pursuant to this agreement, the 2 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. U ® 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. 7. NON-DISCRIMINATION. The 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. The COUNTY and 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 VII of the Civil Rights Act of 16 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; ) Title IX of the Education Amendment of 1972, as amended (20 U C §§ 1681-1683, and 1685-1686), which prohibits discrimination on DA7 F Contract,G C;C The Heron 7 Y2 i Page 14 Packet;Pg. 877 C.24.b the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-2 ), 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, §§ 523 and 527 (42 USC §§ 69dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 19 (42 USC §§ 3601 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 §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 2 AMENDMENTS, AMENDMENTS.CHANGES, AND DISPUTES 18. MODIFICATIONS AND 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. ® 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. The PROVIDER and County staff shall try to resolve the claim or dispute with meet and confer sessions to be commenced within 30 days of the dispute or claim. 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. Any claims or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. 20. i COOPERATION. In the event any administrative or legal proceeding is instituted U- 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 i proceedings, hearings, processes, meetings, and other activities related to the substance of this 2 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. COVENANTASSURANCES U 21. 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. ® 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. DA='FContract:GI (', The Heron F'21 ?'age 1 5 Packet Pg. 878 C.24.b ® IMMUNITY. Notwithstanding the provisions of Sec. 7 8.2 , 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. 24. 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. 25. 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 ® 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 and causes of action for medical malpractice, medical negligence, 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. 27. 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. PERSONAL28. NO 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 i County in his or her individual capacity, and no member, officer, agent or employee of Monroe 0- 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. ® LEGAL OBLIGATIONS AND RESPONSIBILITIES: Von-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. 30. NON-RELIANCE Y . 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 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. �SAT C'onirm v GACC, The If r on FY-21 Page I 6 Packet;Pg. 879 C.24.b GENERAL ® 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. NOTICE.32. 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® ForBoard: Grants Administrator and Monroe County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 3300 Key West, FL 33041 For PROVIDER 2 Craig Knerim, Deputy COO Guidance/Care Center 1205 Fourth Street Key West, FL 33040 Copies of all default notices, notices of breach, termination, legal claim, or indemnity copied to WestCare Foundation, Inc. Attn: Executive Vice President 1711 Whitney Mesa Drive Henderson, Nevada 89014 • 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. 0- a) 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. U 34. . Any waiver of any breach of covenants herein contained to be kept 2 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. 35. T . 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. A T'Conlr°ar2. GICC, he Heron F Y21 faze 17 Packet Pg. 880 C.24.b ® 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. Any conditions imposed as a result of funding that effect the Scope of Services will be provided to each party. ® 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] i i U DA7T'C'ontraaact GA- he Here n FY21 Page Packet Pg. 881 C.24.b IN WITNESSWHEREOF, the parties hereto have caused these presents to be executed as ®f the day and year first written above. (SEAL) BOARD OF COUNTYCOMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By - y, s Deputy Clerk Mayor/Chairman GuidancejCare Center, Inc. a Florida 501(c)(3) not-for-profit corporation 2 cem:w __ ..a. . (Federal o. W,t ess = t1 y WI ess Chief Executive Offic r ID 20 N N I F- I 2 Q) Q U DATF Contract:G1CC, The Heron FY21 Page 9 Packet Pg. 882 C.24.b 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 reimbursable 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 ) summarizing the major line items on the reimbursable expense request needs to also contain the following 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 oranization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." 2 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. u, 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 -292-334. Data Processing, 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 04 attached and certified. >' i 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 2 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. Overnight Dli ri , 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, i s, 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. 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. DA 7F Cams ac?;G/'d", Hie Heron FY?1 Page 10 Packet Pg. 883 C.24.b TelefaxrFax, 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 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 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 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 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 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 U, reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. i Non-allowable Expenses 2 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. U 1 A7T'Contract.C,ICC, the filer°cars FY21 Page I I Packet Pg. 884 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 5QO Whitehead Street Key West, FL33Q4O Date The following is a summary of the expenses for ( ) for the time period o[___tm Check # Payee Reason Amount 101 Company Rent $ %,X%%.XX ~_ 102 Company Utilities XXX.XX � 104 Employee P/R end\ngQ5/14/O1 XXX.XX 105 Employee P/R ending O5/2G/O1 >X[X.XJ( (A) Total (B) Total prior payments $ X,XXX.XX � (C) Total requested and paid (A + B) $ X,XXX.XX (0) Total contract amount $ X'XXX.XX � Balance of contract (D-C) LUMI—M, 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 l� 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. r* U_ | Chief Executive Officer Attachments (supporting documentation) ~+ | TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of County of The foregoing instrument was acknowledged before rnm, by means of physical presence or online � notarization, this day of (month), _____ (year), by (name of officer or agent, title mf officer mragent) of (name of entity). Personally Known Produced Identification: Type of ID and Number on T� (SEAL) Signature ofNotary Name of Notary (Typed, Stamped or Printed) Notary Public, State of DA2yContrax:GYCC The Heron FYZ/Page 112 Packet Pg. 885 C.24.b ATTACHMENT C Specific description and list of services to be provided under this contract: The Heron, a state licensed Assisted Living Facility provides housing and direct care to indigent adults with varying degrees of mental illness. Supportive services include daily meal preparation, client transportation, medication supervision, assistance and education in regards to activities of daily living (laundry, shopping, budgeting, personal care etc) and referral to other supportive services in the community. 2 CD i 2 a) U DATA'Contract:G/C:C, he Iferon FY21}gape ( 13 Packet Pg. 886 C.24.b ATTACHMENT D PUBLIC ENTITY CRIME STATEMENT A person or affiliate who has been place 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 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 287.07, 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 neither_ _ r 1 —q(Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. s � (Signature) Date: i TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) i State of..._� .. A, 2 a> County of `. The foregoing instrument was acknowledged before me, by means of physical presence or ❑ online notarization, this day tfAW, VdLe (month), _._.. 0 (year), byCU }(' f _ uyt v .__ (name of officer or agent, title of officer or agent) of . 11 L V s ' d I (name of entity). Personally Known Produced Identification° Type of ID and Number on I ...... (SEAL) t `ul ' Notary Public State of Florida r7-1 Maryanne L Johnson Sign °tar of Notat'y y Commission GG 175W jj qq ur Expires 01/15/2022 [ i 1e _ 1 y Y _... ._. Name of Notary (Typed, Stamped or Printed) Notary Public, State of DATF Contract:GICC, The Heron FY21 Page 114 Packet Pg. 887 C.24.b COUNTY, ATTACHMENT E SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE FLORIDA ETHICS USE t f . If (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 2 of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." F (Signature)1�j zqj ..... ur Date: ° . (ire accordance with State notary requirements) 2 State of County of The foregoing instrument was acknowledged before me, by means otA physical presence or 0 online a notarization, this day of )°� . (month) 0 (year), by ..........— mou ' (fit, NA 4 V� __._. (name of officer or agent, title of officer or agent) of 1( mat ".� f (name of entity). ------- Personally Known _u Produced Identification: Type of ID and Number on II7 (SEAL) mw 1&" �'°' . Signs �e of [Votary OW 01N �mnry Pubjp,-,StAtO MFIQTidal] gv cy nn L Johnson Myrxrnmiswaii GG t75345 Name of otary (Typed, Stamped or Printed)t.xpgr03 0111512022 [Votary Public, State of P0 �/I .. 13,47E Contract:G/CC, The Heron FY21 Page 115 Packet Pg. 888 C.24.b ATTACHMENT F DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 27. 7 hereby certifies that: P ItJ (Name ofBusiness) 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). . 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 ( ) days after such conviction. . 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. . Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. U As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Signature) Date: _.... 0 TO BE ff (in accordance with State notary requirements) State of county of U The foregoing instrument was acknowledged before me, by means of physical presence or 0 online notarization, this day of (month), (year), by (name of officer or agent, title of officer or agent) of CM PI` ? r (name of entity). Personally Known Produced Identification: Type of ID and Number on ID-,-,w _„_....w (SEAL) Notary Publio State of Florida Si nat�r of Notary �y t Maryanne L Johnson t �°��p � �d�i € / k My Commission Go 175349 { Expires nvl5/z®zz Name of otary (Typed, Stamped or Printed) Notary Public, State of / DATF Contract:GICC, The Heron FY21 Page 116 Packet Pg. 889 C.24.b ATTACHMENT G FY2021 Annual Performance Report For r October 1, 9 2021 (Report Deadline: October 31, 1 ,4gency a e _ Point of Contact(P Phone/Email Grant Amount r Section 8 of yourcontract, it is required that you fill out the entireform and answer every 2 question. Narrative on the FY2021 F r orm-v n e Licces e c ha'11enc}es, etc, : c.restio��sr � 1. Please list services and client information below for the program/activities funded by the Monroe County award. 04 1, i'Sr ten W '{ Il ;a::t 1 at i:3•-ir�.�`'lt6+'dt„,35�+,l,Str�tv,,l�r\�r11r4 Ff),1I.a,t�N l�i��*;.t',i F�tpf st,sti�t1',-t(`0isFf t° x`i'":r�. \u� 4��tr,�S1k f!lS';��tS�`. tti.s.3- _�,t,;`.,lyy11.,.l.,'(�'!t---�\A",S �,il,, f,�,t 3 i�l,:.4;1,)S,tt�I cr rs,s ItI,�rwt,,.� 4r� t�q!1.1l.,:,,S w,.I i �,ii,,,,`�.,r.-r;:tt"� r:{f, 04 5 ,�a .. 04 i l ��{ qt;t t, l ,�l 41}�;114 tt 14 t`.,yt1 rtl<< 5 dlj 0 �E t 2. a..+ What were the measurable outcomes (including numbers) accomplished in Y 21? Please base these outcomes can the services you identified in Question 1. U 3. What number and percentage of your clients/participants were at or below the federal poverty level in Y 0 1 a and/or 0%; and/or another standard used by your organization? 4. What area of Monroe County did you serve in Y221? 5. During Y 021, how many months did you provide program services to (Q.1) clients? 6. How many total FTEs in your organization? 7. How many FTFs worked on the program(s)funded by the FY2021 DATF award? 8. Volunteers: hours of program service were contributed by volunteers in FY2021. LSAT F'Contract:G CC, the Heron F Y21 Page 1 I T Packet Pg. 890 C.24.b CLERK'SFINANCIAL REPORT ) (Note: 1 r t Expenditures) 9. Were all the awarded funds used in FY2021? a. If no, please explain: 10. Allocation of F 2 21 Award; Clerk's Drug Abuse Trust Fund Award Amount® __ Program Ex I pense � Administrative Expense u et Cate or t .. _ . � llar o nt.)_. ... .'_ Doll r Am.. rUrtt Salaries $ _ ._..... Frinill e $0 $0 FICA u. ..__._._.. �_. $0 s. �.. $0 ur Independent Contractors $0 $0 2 Office Supplies,Telephone, Postage $ $0 Utilities Insurance _.._..... MHO.._ _ $0 Repair& Maintenance—— $0 e_ _$0 ---- ........... ., TravelfTrasportaion .__ .__. $0 Rent/Association Dues $0 _. $0 Client Service/Describe: $0 Client Service/Describe: tle $0 Client Service/Describe: $ $ ,. >- Client Service/ escribe: $0 _ a a $0 1 e_m_ a ... _ .._ Other E ense/Describe: $0 . __. . ... m$0 �. ... v.., .. _ -_ - i Other Expense/Describe: $0 ..... $®_ Other Ex ense/ escribe. w .. _ $O .......... _$ 0 M Other Expense/Describe:: $ $ 11. Compensation detail: Include all persons who receive compensation from the FY2021 Clerk's Drug Abuse Trust Fund (including Independent Contractors) Employee Name T' Type of Work Idrs. Worked Toth Charges (blame, Last nifol Tltie ; Porfol°lno Ln E"ogra� ..�. .pri_I ogra � w.�tr ___. .....» $0.00 ... ..___ $0.00 $0.00 0.00 $0.00..e $0.00 $0.00 aaaa.$o.00 (Nofe. If you need more space you may add additional fines or an addendum.) DA'IT Contract:GICC, The Heron F Y21 Page 118 Packet iPg. 891 C.24.b 1 . Did the FY2021 funding rom the Clerk's Drug Abuse Trust Fund serve as required match for a portion or all funding awarded by another granting agency? If yes, please providedetails : Anount of, tame of Grantor Arn unt Grantor Type: Grant Type. Match% Fup ing that t` equired Match Awprded'by Federal, Competitive or Requir d served as Funding Grantor— taes dnHCotiatilive by the *qlyl red Local or Grantor at l Foundation `E ntor the Amount Awarded by the Grantor regardless of whether DA TF ter-ovid(.,d 100%of the Required Ma tch. r the followingquestions, I s e number as reported on yourl IRS Form 990. I your FY2021 IRS Form 990 is not yet prepared, please provide an estimate for the following questions. 3® What is your or anization's fiscal year? 1 . What were your or aniaion's total expenses in FY2021? 15. What was your organiz ion's total revenue in FY2021? 16. Whatwas the or nization's total in grants and contracts for FY2021? 17, What was the or anizaion's total donationsifundraising and in-kind in FY2021? a. Cash Donations/Fundraising: U_ b. In-kind ona io s/ u nd raising:18. i i What perceritage of yorrr expenses are program serviceexpenses' versus management and general ex enses� in FY 0 1 as reported Oil your IRS Form9 0? i) 19, Additional Comments, Questions and/orSuggestions: U Email Me Annual Performance eport to the Grants Coordinator for Monroe County P�ca rrak r s,ry ,expenses are defined as expenses needed to run your programs. I In�a ,9rN�L as 1 c,neral enjgnses encompass expenses such as human resources,salaries of those not working directly with programs,legal services,accounting services,insurance expenses,office management,auditing,and other centralized services. DATE Contr art:GI a'_', Ae Heron FY21 Page 19 Packet;Pg. 892 This Agreement is made and: entered into this 1' day of October r 0 0 between the BOARD OF COUNTY COMMISSIONER,5 OF MONROE COUNTY, FLORIDA, hereinafter referred to a Board" or " ounry," and Key Bridge, Inc.,. her jn ff? r referred to as. PROVIDER.,n11 WHEREAS, the PROVIDER Ps a rnOt forsprofdt corporation o tatflsh rd for 'Lhe provision vision of providing substance nc abuse, prevention and treatment and meirical health tr atrrn rnt, and ' EP , it is a leotdm to pobllc port e to provide, substance abuse prevention and treatment and mental health treatment, rrra , therefore, IN CONSIDERATION of the mutual promises and coveriants contained heroin„ It Is agreed as follows! FUNDING 1. AMOUNT OF AGREEMENT, The Board, In consideration of the PROVIDER substankJally - and satisfacLoroy performirigand providing substance abuse pr v ntron and tr atrrient and N mental hi—alt" tr atrrn rnt services, for persons in Monroe ou.,nty, Florida, shall parr to the r= PROVIDER this Sjjnrn of NINETEEN THOUSAND', T EN7Y-EIGHT AND NG/100 DOLLAR as ( 1 , t ) for fiscal year ?0 1, as rocornmended by the Substance Abu5e Policy dVi50ry` c oar3d aniisd funded by the Clerk's Drug rrs Trost Fund, � This Agreement shall commence on October 1, , and terminate September 302021, uwo.5,5 oardierterminated pur-ijant to tether Provisions herein,3. N Y T, Payment w1fl be made periodically, no loss than cluartedly but no more frequendy than r onthi � „ � hereinafter ��� forth, Rmbnar°� �nirnt re4.r shalt iinclulr.Ie items r paid by the PROVIDER within 120 days of payment by the, PROVIDER, Rein'bij rnent request04 will be subrnitted to the 5oard vile the Cleric's Finance Office. Reimbursement reauest and04 >- supporting documentation must be acceptable to the t nrk - Acceptability to td� Clerk i� bad on generally accepted accounting prrncip�lo anod such laws, rules and re tolatlonn � rrna r��r�rrn the r Clerk's di r t of funds, The or�rrt; shelf ora04 l r imbur e, ohtr� to the funded arnounts below, hose reirndor able expenses which are r vl wod and approved as cornplrying with Mo,'rnroe ouunty �r Code of rdErrar;c f State la and regulations and tta nmernt - Expense Reerritrur arrrnerrt w- Require,me,nits, Evidence of' payment by the PROVIDER shall he in the Corm, of a dyer, 0 summariVrig the expenses, with, supporting documentation attached. (The Clark s Finance Office air rnay accept Reimbursement R ap t of t;tronfically, bot only Mean submitted and formatted in a � PEE file with ool�+ r letter and attaichments together in on ( ) frle.) The PROVIDER agrees to � sr.rbmt hard copies of R irrr orrse-ment p leant and SuPPorting documentation upon request. The � letter should contain a notarized certificatAon statement, An example of a rorrrnbr.rrsornent rearrest cover letter us mclruded as AttachmenL B. The organi2,ation's final invoice rnnurst be recoi,ved within thirty days after the termination slate of this contra shown in Article 2 above, a E After the Clerk of the Board examin and approves the request for reiri bur-sem nt, the, � Board shall rerrnnhtar° e the PROVIDER. However the total r,f 5aiol rpirr�l tar =rr ent o p rn o paytn eats in the aggregate some h fl not exceed time total amoutnt shown do Article t,, above, during the term, of this agreement. . AVAILABILITY OF FUNDS. Id funds cannot be obtained or cannot to continued at a lc O 5ufficient to allow for continued r irnhor em nt of expeoditijires for services speofied herein,, this agreement may the terminated immedr. teiy at the option of the Board' by -written natice of termination delivered to idea PROVIDER. The Board hadd not be obligated to pay for any aervices or gonads provided by the PROVIDER after the PROVIDER has received written notice of termI ne4to n, unless otrierovise required by far . DATr(.9nr`rOM afar r-YZll P "-^, 1 a Packet Pg.893 S. PURCHASE OF PROPERTY., Ali property, whether real or personal, purchased, with funds proFvmded antler this agr ernerrt, shall become the prop,-i of Monroe County and shall be accounted far pursuant to statutory r wrerrient - Funding under this agreement shaii not he used to purchase ca,pital assets. RE'CORDKEEPING RIGHT6. RECORDS AND IT. PROVIDER shall maintain all books, records, and doicuments directly pertinent to performance render this Agreement Irr accordance with generally accepted accounting, princj pl es Dori i t ntl'yr apphed Each party to this Agreement or their authorized representarives small have reasonable and timely a oPss to Such records of eacti other panty to this Aqreement for publro records p,urpicsies during the terrrn of the Agreernent and for four „years fo1owing the termInatlort of tram Agreement, If an auditor employed by the County air Cleric determines that Mo<rnle paid to PROVIDER pursuant to this Agreernient were spent fair purpos s not authorized by thls Agreement, thre PROVIDER shall repay the rnonmes tNether° with Interest c lorrlated pursuant to Sec., fJ , 1 running from Lhe date the rrloni s were paid to PROVIDER, u- Rightto Audti Avaidabiffity of Recoird5, The records of the p rtie5 to this Agreement rotating to U) Lhe project,, which 5halt Include but riot be limited to accounting records (hard copy, as well as computer readable data it It can be made a}varlable, general tedger entries detailing cash and if � applicable trade discounts ear;i insurance, rebate,; and dividerndsu any tither .,,pprortinr � evidence deerned necessary by County or the Monroe County Office of the Clerk of Court and omptroller (hefeinafter referred to as 'County 0erk") to Substantiate charges. related to thiN agreertrenI., acid all other agreements, sources of Information and matters that may In County,5 or the, County Clerk's reasoo°able judgment have any bearing orii or pertaIn to any raattcr , rights, � duties or obhi attune under or covered tray any contract document (all foregoing hereinafter � referred to a "Records") shall be open to iinsper =orn an(] su.ipli ct to aud, €t artidrror reproduction by a_s ounty's r preoerrtative and/or agents or e County Clerk, County or County Clerk may a:150 r conduct verifications such, as, but not limited to, counting employees camployees at the job site, witnessing04 the distribution, of payroll, verifying: payroll co ort04 putatrsy overhead ry computations, obseimg >- vendor and supplier payments, miscellaneous ally 'tmoo , specmal charges, verifying linformatio and amounts through interviews and written a rrfor ,atton with emptoyees, Subcontractors, 04 r suppliers, and contractors representatives, The County Clerk Possesses the independent authmohty to conduct are audit of Records„ assets, acid activities retatirm to this Project, The riiQra,i r to audit provisions survives the termination of e proration of th s,Agreement, LL In addition, if PROVIDER rs required to provido an audit as set forth in in Secdon (e) twice , the �€ audit shall be prepared by are Independent certified public accountant (CPA) with a current imcense, In good standing with the IFlorlda State Boarrd of Accountancy. ACCESS.7. PUBLIC The County, and PROVIDER shall allow and permit reasonable as access to, and iri8pect,€oq of,, all docurnermts, Papers, letters or other ,Materials In Its, possession or Li under its control .ubiect to the prod„i Iorr, of Chapter 119, Flonda Statutes, and rnade or received as by the County and PROVIDER in co=n urar-taorn with thisAgreement- and the County shall have the right to unilaterally cancel trams Agreement upon „violation of this prowsron by PROVIDER,COMPLIANCE � ITT COUNTY GUIDELINES. The f'wOMER, must furnish d � sh to ��re County the following (Item (a)-0) arrest be provided prior to the payment of any Invoices): (a) IRS Latter of I eterrninati and GUIDESTAR printout indicating current 501(o)(3) s hud Proof of registration wlth the Florida Department of Agriculture, as requIred by Florida tatule 496.405, and the Florida Ocipartment of Stater as 'require by Florida Statute 61 ,0120 , or proof of exemption frotrn iregrstr rlon is,-5 per Florida Statute 496,406, c) List of the rganization`s Board of Directors of which there crust de at least 5 and for each board mermbor pleat indro re when i c d to serve and the lean ffi of term-, of mice;: VATE'{mLiu°orrarr. KCY rl 7 a iZoz 1 Packet Pg.894 (d) Evidence of annual election of OffiCeTS and Irector /D ct°rurSAt-barge_ or, bi-annuirlt elactio,n of Officers and Directors/Directors At-Large, a-5 appilcahlei (a) UnqualifIed audited financial staternent5 fntrrTi the Most recent fiscal year fir all organ iL ations that expend $150,Ooo a year or more; if ipualuli d, mclincle a statement o, ,f defidencies with corrective actions reco m r'u edit,a orii auadit shalt be prepared by an indep ridorit cortified public accountant ( R 1f with a current i1cenge, tri good standing mth the Florida State Board of Accountancy. If the PROVIDER recap°gas $10 , 0 r more in, grant funding from the County:_. a. The CPA that pr paraa the audit Must arso be a member of the American Institute of Certified l u„b,lnc Attaiintants ( :t P )i ty. The CPA must maintain rnaipractaca insurance covcrinq this a.udlt sarw c is provId d and c, The Counter shall be u.onsA red an 'intcnderd recipient"of said audit. (f) Copy of a filed IRS Form 99 trorn most recent foal year with all attacherj ichedul s.i (9) rr anization's Corporate Byiaws, which must include the organizations rnissiori, board and mem, bersNp composition, and Process for election, of officers- (h) orrgani ation"s Prr,l oess and Procedures Manual which must'include hiring pollcl for all staff, drug and alcohol free workplace provisions, and D ual employment opp rturi.rty ri provislotris„ U) 1) SPecifIc d scriptiGni' or Ilst of services to be provided under this contract Mth this grant (see tLHch ant C); nrwal Performance Report d vchb g: services r nd r o dutrin (h most recently � , completed grant period (to be turnistred within JO days after the contract end mare,) The < performance report shalt include statistical information regardingthe types � fr uencie5 of services, provided,, a profile of ctlants (includIn residenicy) and numbers rvIdd, and outcomes achieved (see Attachment )i ( N ) Couperation Mth County monituring vK ts that the County may re u t during the contract year; and r§l Other reasonable reports and information relator to compliance with applicable laws, r contract pro ismns and the ScoPe of ser-vices that the County rimy request,, during the contract year. 04 RESPONSIBILITIES 04 9. SCOPE F . The PROVIDER, for the consi d ratlon, uua d, covenant arrij i i r gr with the i nerd t su�i tanttaflyt and satisfactorily parfcrn) and provide the services outfin d in Attachment c to residents of Monroe County, Florida. 10. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that In the event i any cause of action or admini5trative proceeding is in tiatand or defended by any party r lati�� tc r er�luar am nt or int rprotavon of this Agreement, the pr vai,liritd Party shalt be nLitied too real ar,rahl attorri y's fens, co urt cotes, inve5tigativo, and Out-of-pocket expenses, as an award against the non-prevailing party, and shall inctude attrtrney"s tees, couar costs, Investigative, and Gur -of-pocket expenses m appellate 7r4lHc dan s, Mediation proceedings Initiated and coed°ixtuwd � pursuant to this Agreement shall be in accordance with the Florida Rul of Civil Procedure artd E usuaai and customary procedures required by the circuit quart of Monnne Caunty, � 11. BINDING EFFEM The t rrms, covomant , conditions, and provisions of this d Agreennent shalt bind and inure t ""he benefit of the County and PROVIDER amd their respective legal representatives, successors, and assigns.. 2. CODE Of ETHICS. runty agrees that officer and Cf`nployees of the County recognize and will be, required to comply with the standards of conduct for public officers and ernploye>u as delineated in Section 112,313, (Florida Statutes, regarding, but not limited to, solicitation or a(_c ptanc of qi s* doing buslness wfth one's agency; unauthorized conloer"Faton, 0A TAF C,.,,,AM Key&n ltt7c i-Y2 1, Avg e I Packet Pg.895 rmsu5e of prihlio position, confliCting, empttryment or contrat:tuah relationstlapt and dISC10inure or tt, e of certain information LICE TLC T The County and PROVTDER warrant that, in resfre' t to it if, it has neither errip1byed nor retained any company oar person, other than a bona fide employee working solely for it, to supicit or sec-tire this Agreement and that it ha s not paid or. agreed to pay any i ersoun, company, corporation, irldi vi,dual, or firm, other than a doria fide ernplloyee worklng solely for it, any fee corrir its ii ri, percentago, gift, or other- consideration contingent upon or re5ulzing from the award or, Makin of thole reement- For the breach or violation of the provision, the PROVIDER agrees that the County shall have the right to terminate. this Agreement without hability arid', at its discretion, to offset f°rcrrrp monies owed, or otherwise recover, the frill amount of srir fee, commission, percentage, gift, or consideration. :. INDEPENDENT CONTRACTOR. At ail times arid for all purposes- hereunder, the PROVIDER is an independent Contractor and not an employee of the Board, No statement contained In this aigreement shall be construed so as to fired the PROVIDER or any of its emoloVees, cu,riiirartors, servantn or agents to be employees- of the Board, LL COMPLIANCE ISSUES rn . COMPLIANCE WITH LAW. In providing aft spices pursuant to tilts a r emem, the � PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaiming, to or re Tula n U) the provisions of su h serviii including those now In effect and h,erpioefter adopted. Any � violation of said statutes, ordinances, rules and rfegulations shall constitute a rnatorial breach of this agreement and shell entitle the, Board to terminate this contract immedlately s..ipon dellvery of written notice of ter-min' on to the PROVIDER. Y 16. PROFESSIONAL RESPONSIBILITYLICENSING. The PROVIDER shall assure ar that all Professionals have current arid appropriate professional hicorrses and professional liatri4ityr � insurance coverage, Fur16ng by the Board is contingent upon retention of appropriate local, state 04 iz and/or l tlenal cerz1fficajtion and/or Ilcer sure of the PiER'S program and setoff, 04 17. NO N-DISC RIM I NATION. The COW4TY and PROVIDER agree that there mill de, n r disrriminatron against any p�cr iron, and it Is expressly under that uPor'i a d t rrrrination by a court of competent jurisdictJon that discr-ir-notation has occurred, this, Agreement automatically r U- terminates without any further actlodl on the part of any Bart', off` c.hve the date of e count �- order. The COUNTY and PROVIDER agree to cornply with all federall and Florida statutes, and all Boca, ordhnanc , as appiicabJe, relating to nondiscrimination. Those irirltide but are not r cited sir to; 1) Title ' of the h`s Civil Ri ts Act of 1 i5 4 (PF -352 , which prohibits discrimination i � employment on the basis of ratio, color, religion, sex, and national origin; ) Title I, of the Education Amendment of 1972, a amended f U � � 1ivl� aril 5- j, which prii 6scrimination on the, oasis of sex,; j Section 504 of the Rehabilitation Act of 1973, a arrierid d (20 USC § 794), Which prohibits discrimination on th,e basis of handhi aps; j The Age iscr"imi1nation Act of 1975, a ... amended (42 U5C 6101 107), 'whicih prohibits discrimination � on the basis of age; 5) The Drug Abuse Office and Treatment Art of 1 � (PL - 55), AS E amended, retating to no (,ts5criMJnata0n on, the 'basis of drug abuse; ) The Comprehensive a Alcohol Abuse and Alcoholism Prevention, Treatment and R,ehabihitation Act of 1917 (Pt. 91 16),„ as amended, relating to nondiscriminatloqnr on thee, basis of alir;chol abuse or alcoholism; j The d Public Heal, Service Act of 1912, 523 and 52 (42 US 690dd-3 and 290ee-3), a amended, ri idbnq to c.onfidentialo Of alcohol and drag abuse patient rec rrdsp 8) Title, ya"ftf of the Civil Rights Act of 1 ( 2 USC §§ 3601 at s q-`, as amended, relating to riondi crimination in the safe, rental or financing of hoi,i inn; ) The rnerrcans with Disabilities Art of 1990 (a 12101), as amended from tine to time, relating to noudisrhrrilrianon in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discr°irnination on the basis of race, color, seyi, refs ion, national origin, ancestry, sexual orientation, gender Idenaty or expression, Familial stal,us or age" and 11 j any otri r nondiscri yin tlon per vi i nis err Packet Pg.896 any Agreement, �r ,t�ata tatrjte ��rr Ich may a ly to time ai l tO, or the nutria r n tter of, this AMENDMENTS, , AND DISPUTES 18. MODIFICATIONS AND AMENDMENTS. Any and all modification of the servldCS6 arndlor rairr bur5emem of s r ice-i 5hall be accomplished by an amendment, wwhnc.h must I approved in writing by the COUNTY, 19 ADJUDICATION ODISPUTES OR DISAGREEMENTS. County and PR0VTDER agree that ail disputcs and dlsa regime Its shall be attempted to be resolved by rine t and confer o,-ssions betweenrepresentative-, of each of the parties. The PROVIDER and C uuubty 5tarf halls try to resolvethe clear¶ or dispute with rrrer and confer esslo d to d ctrrnrrrraruced rthin 30 days of the di PL,Ite or claim. If the n sue or issues art: still not rrvr )lved to the satlsfaction of the parties, the.,n any party shall have r°i the trt to k ma(,-h relief or rerrecly as ima is r l d by r r agreement or by- Florida lawn, Any claims or dispute that tht parties cannot resnlve shall be decided by the Orcuit Ou ', 61" 3adncial Cirrolt, Mari roe 6 unto , Florida. � U_ 20. CO,OPIERATION. to the event any administrative or legal proceeding is Instituted U) against either garde relating to the formation, execution, performance, or breach of this Agreement, County and PROVIDER agree to artn pate, to the extent required by the other varty as in all proceedings, hearings, rCW ,,q , meehrngs, and Darer acuivrtie,,R related to ttie substance r � this Agreement or provision of the serva:es under this Agreement, County, and PROVIDER � specificafty agree that no party to this A r erneinr small be reeuired to enter lrnto any arbitration proceedings related to this Aqreemeit. ASSURANCES Y ar 21.. COVENANT OF NO INTEREST. Courity and PROVIDER covenant that ridth r r presently has ainy Interest, and ahead not acquire any interest, which would conflIct irn any manner or degree with, Itq Performance under r this Agreement, and that only interest of each is, to iei , m 04 04 and r eive benefits a recited in this reernent. 22. NO ASSIGNMENT. I NMEN . Thet PROVIDE shall not a sIg n this agreement ennt except t in writin >_ a- and wwwthn the Phar w rltt tr approval of the Board, which agPrdwrat shall be subject to such U_ r conditions and provisions as the Beard may deems flOcessary. This al reernernt stidp be LL incorporated by reference into any assignment and any assignee shall carnply with all of the provisions h reIn, uimess e'xpres ltr prcviId d for therein, Such approval sharr in no rria n r or air event be deemed to impose any Ilgati rn. unPon the Board in addicion to the total agreed nigon � Ir dour �r ent arr°noutu t fur the services f the PR VI , 2 23, NON-WAIVER OF IMMUNITY. Notwith tarndlrng the provision,5 of Sec. 768,28, ar Florida tatupf_,. , the arti 1p tlm�rr c the �unnt and the PROVIDER In: thisAgreement and the acquisition Of any commercial flablilty insurance w ra e, It-Ins rarra coverage, or, Icral (D vrn7rrrrrt liability uusumrarrd Pool coverage shall net be deemed a waiver of immunity to the extent of liability coverage, nor shail any contract entered Into by ttle Cotinty be r cu,drad to � contain af)y provision for wailver, 24. ATTESTATIONS. PROVIDER agrees to execute such d ctumc_�;rrts as the County may reasonably require, to include a Prudllc Entity Crime 5taternent, an rl`ri s Statement,, and a Drua - Free Workplace Statement. 25. AUTHORITY. Each party represents and warrants to the other that the execution, d fiNory and performarice of this Agreement have d rl duly authorized by all n dd sarV Courkty and, corporate action, as rruqu[r by ua+dv; EJ r`nw ornt�jL r; , �Y AfAde F1;Pam, 1 Packet Pg.897 INDEMNITY ISSUES 2 . YNDEMNIFICATION AND HOLD HARMLESS. The PROW covenant, and agrees to indorrinity and hold harmless Monroe ouryty Board of our'rty Con missJo ; rs from arry and all cl.afts. and causes or action for rned'ical nialpractice, medical negligence, bodily injury, tjri�duding death), p r ory l injury, and roz�erty daroa including property owned by Mortme County) and any other losses, damage,%, and o ars" 5 (indiudin attorney" tees) which arise out of, it connoctron with,, or by reason of m is a prravv d by the PROVIDER Do7dasioned by the neg6 ence, errors, or other wrongful act or omiss,ron of the PROWDER'S employees, agents, or volunteers. 22. PRIVILE IMMUNITIES. All oaf the rivil ge and Irrrr initi s from lr tbrlity,r exemptions from laws, ordinances, and rules and otArlsions and relief, dl ability, workers' cr)mponsation, and other uneflts which apply to the Ficti ityr of officers, agents, or m loyee,_V; of any public agents or employees of the County, when performing their respective functions under this Agreement a iry the tornto6 l limits of the County shafl apply to the same degree arid extent to no performance Of,. SLJch functions and duties of surh oars, agents, volunteers, or r_ employeesr�rrt5Jd the torritor'i l limit of the Count,, LL U) 2 y NO PERSONAL LIABILITY. No co ernant or agreement contained hlorein shail be r= deemed to be a covenant or agreement of any member, officer, agent on or lon ,of Monroe W County in hjS or her indivi(l aal capacity, and no member,r, officer„ agent or employee of Monroe :3 County shuilr be iable personally on this Agreement or be subject to any Personal liability on accountabilrty IYy reason of the execution of Mis Agreement. 29. LEGAL OBLIGATIONSI I ora_ oleg ti n of C041 tatutron l or Statutory Duties, This Agreement is not intended to,, nor shall it be con tru d as, r lie.vir1 any ;)a&icJpatlng entity from any obligation or ro pernsitrillty imposed upon, the, entity by laws except to as rhe extent of actual and tairn0y performance thereof by any participa'Ang entity, m which case ther performance may, be of"f r d try satisfaction of the obli ahoy or r on ibriity. Further,, triiF Agreement is not intended to, nor shall it be c anotru d aS, authorizing the delegation of the 04 ion tituti{ran ai or statutory dunes of the County, except to the a t nt Permilfted by the Florida €,onstitutron, state statute, and rase law, r 04 NON-RELIANCE30. Y NON-PARTIES. No person or entity sball be entme.e. to rely I upon the terms of this Agreement to cNiforce or attempt to enforce any thard-party ciairn or entitlement to or benefit of any, ervace Or program contemplated hereunder, and the County and the PRUVIDER agree that norther inns County nor the PROVIDER or any agent, officer, or WI empioyee of either shall have the auttiority to inform, counseJ, or otherwise indicate that any particular individual or group of Iridi i;tlual , entuty or entrtte ,, have entittements or benefts under °2 tNS Agreernient separate and apart, inferior to, or superior to the community in genorW or for the >. Purposes contemPl tad in this gr m nt, W GENERAL: W E 31. EXECUTION IN COUNTERPARTS. 'hl S Agreement a ay be executed in any number � of counterparts, each of which shall be regarded as an original,, all of rr hk--h token togerher shall constitute one and the sane instrument arrd an of the � � � s < y Ertl I"nr_rto a"� t. �ctat this Agreement by Signing any uct-i count rpart- 2. NOTICE. Any notice required or permitted tinder this agreement shall] be in writing and hard delivered or rm rli d, postage dare-paid, ray certified mai,;l retuiirn receipt requested, to the other party as follows-. EQE lea rd. Girarii.N AdmtnlsbWor and Monroe County attorney Packet Pg.898 Il tt1 Simonton Street PO Box 1026 Keys Threat, FL 330401 Key West, FIL 3 t Farr p IDER icha l J. Rogers, Executive Director Key Bridge, 1111 1 "i, Street Key West, FL 33040 0 ) 783-3677 . GOVERNING LAW, VENUE,, INTERPRETATION, COSTS, AND FEES. This Agreement shall b da reed by and c rs t u d in aceicrdar"ce witn the i w , rat the State of Florida appficable to contracts Made and to be par caned ar,ttr ly irr the State, In thu event ti'trt any causef action rar adriniinistrathve, proceeding i 1n tittjti_-d for the enforc mont or interpretation of this Agreement, the County and PROVIDER a r i that yenu.r will he in the approprhata court, or before the appropriate d inistratu a body in r4onroe County, Floridan rn The County and PROVIDER agree that, in the event Of Conflicting int rpr tatrcrns of t't9, � terms, or a term of this Agreement by or between any of thrdrrr the Issue shall be submitted t � mediation prior tm tho instit thin of any other adn)ir,rStratiV or legal pror ed�rig: � . NON-WAI'VER. Any waiver of ally breach cif covenants herein confiai ed to Dept and Performed by the PROVIDER shall not be deemed or con id fired as a continuing 'stainer and vs Ilrall not operate to Dar or prevent the Board from declaring dedaring a forfetturp for any sri rJe dm breach, either of the sarne ccnd tions or covenants or otherMso,35, � SEVERABILITY. If any term', covenant, ccryditicrr or provision of this Agreement (or04 the �Irjvhcatlon thereof to any cirournsta to or person) shalt be declared invand or r,ln nfcrrceabli 04 >- to any extent by a court of competent jLirisdlction, the r rnarnln,g terms, covenants, conditions and provi lons Of this Agreement, shall not be affected thereby, and each remzia ning tarryr; 04 clovenant, condition and provision, of thus Agr ment shall be valid and mall to enforceablier to the >- fulklest extent p rrr-ritttd by la ,micas trre enforcernent of Me remaining terms, covenants, r r condiuons and, provisions of thrs Agreement would prevent the, ar mplis:hmont of the nriginai LL intent of this rr r r nt. The Couinty and PROVIDER agree. to raforrn the Agreement to replace, any stricken Provision #with a valid Drovision that tons as as p0svhle to the untent of the err stricken Provision. ° 36. CLAIMS FOR L OR STATE AID. PROVIDER and COUNTY agree that each >1 shall be, and is, ern; wer d to apply for, seek„ and obtain federal and state funds to further tl°r purpose of this reernowlt_ Any conrlttions, uliposerd as a result of funding tent effect the Scope, of Services w ll be provided to each paw., ar E AGREEMENT.37. ENTIRE This agreement constitutes tea entire agreerrient of the parties hereto with MSPeCt to the suib ecL matter hereof and supersedes es any and all prior agreement-. with respect to such subject matter between the PROVIDER and the Bo,7r3rd. < [THIS INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Packet Pg.899 IN WHEREOF, MWI Parties h re c have C,9u f to day and year first `I`Itt r`r above, ��, pr" n to be t-xecuted (SEAL) ATTEST: KEVIN MADQK, CLERK BOARD OF COUNT'COMMISSIONERS ,OF MONROE COUNTY, FLOF,,ID; AS Deputyler �� _ YOr/Chai man Kerr Srr`dge Inc. a� rr it7l 5 (Federal U- Witne " rcerIur X t= 0 N i N 1 i 6t r hl hl IL r hl U- U- I F- at I at at E U Packet Pg.900 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to tlarriu n Service an(j Community-Based Organizations, county travelers, and contractual partied who have relrri ursa le expenses associated 'with r cr r( County tru iness. These guidolurre , as they relate to travel, are from the r cnnme County Cede of Ordinance-s and State laves and regulations,. cover letter seeAttachment ) srurr'amanz rig the, ma)or lime items on the reimbursable e p -s request needs to also crurflairi the following nnutarnzed c rutie.d statement: "I certOy that the a cn e decks i-ia e iwen submitted to the vendors a,5 noted and t at 't!h attach, expenses are ar rate and in agreement w1th the recor( of this organization, Furthermore, these expenses are in: co,imiphance with ttis organizahon's contract with the Monroe Courity board of County Comirni55ioriers and will not the submitted -f r reimbursement to any other funding scriurcv,rl invoices %-h uld be brll d to the contracting a en i, Third party payments will nut the consldexr d ri for reimbursement. Remember, the expense shouid be Paid prior to requesting a relrri ursernerrt. U) w- OrOy current charges will he considered, no previous balances, � U) eirndurserner°iL requests will be monitored in ac rnrdance with, erne level of detarl l�nl the contract. This document should not be cr nsWer r, all-inclusive. The ClerWS Finance Depart`rnerrt reserves, the right to review reimbur`sement requests on ,an individual basis. Any questions re gardinr these uidelinies shoOd, be directed trn .305- -353 � Y Data Processing, PC Time, etc. h,c v nd r invoice is required for relrradur men;t. Inter-company abc—aroma are not c r siderod � reirrbursat le expenditures unless alppmpriate Pa' rclii ourrnalls for the chnargirr)g department are04 att r ned and certified. Payroll 04 A c rtihed statement vernf ing th o accuracy and authenticity of the payroll expense is need w. if Payroll lourrual is provided, it should irrciudei dates, employee la rge, salary or hourly rate, LL total honors worked, withholding infoTmation and paid payroll to e , check number and Ch i; � amount. If a Payroll Jcwurn l is not provided, the following Information must to rc+vided. paw Period, check arrnount, check nuTtibLer, date, payee, support for appificadle paid payroil to eSl 0i Ovemight Deliveries, Courier, etc. log of all postage expenses t -hey relate to the o untpr contract is rcquir d for r"elrr1tniursern-nernt, � For overnight or e prr s deliveries, the, vendor in-voice must be lncliva d', ar Rents, Leaseis, etc.. a copy of the recital or lease agreertnernt is required Deposits sits and advance payments are not allowati,le expenses. cr Reprod,uctions, Copies, log of cope' expenses as they, relate to the County contract is required for reimbursement, The log rrnust refine the date, number of copies made, so-urce document, purpose, and rucllaient reasonnabie fee for copy expense will be allo aWe. P r °vendor Services, the ven-dor invra,ce and a. sample of the fin shed frredurt are required, Supplies, ices, etc., For supplies or, services ordered, a vendor invoice ts required, VA 0- Key j„ ,fig .. 4 Packet Pg.901 TelefaX, FaX, etc, fax ir)g Is required.fired The log must define the sender, the intended recipient, t'h date, the number caliled, and the reason for sending the fax. Telephone Expenses user log o( pertinent information rnust he remitted irnduding. the party° called, the calp'or, ti`'iu telephone number, ffie data, and rile Purpose of the call, Travel antil Meal Expenses Travel expenses must be sub 'rrtt d on a State of Riori;tla Voucher for Reimbursement of Travel Expenses. Travel r imb,uars meat requests unrest be submitted and will hie raW in accordance with Monroe County, Code of Orainances and State la is arid regulations, Credit card staterneints are not acceptable docuimentatmoru for reirribursemernt. If attending i°a conference or meeting a copy of the agerida rim, needed_, Airfare reimbursement requires the original passenger receipt portion of the airline. ticket. A travel itinerary is appredated to facilitate Lhe audit trail. Auto rental r irnburs meat requires the vendor invoice. Fuel purchases Should be docurnented witn paid reccipat . Taxis are not reimbursed if taken to arrive at a departures point! for example, pakirrg a � taxi from one's residence to the airport for a business twipi is not reimbursable, parking is Li considered a r lrnbuursaWe travel expense at the destination. airport parking duringa burin � trips r.s not, � w- as detailed lust of charges is required on the iodginr dnvoic . Balance due 111ust be zero. Room U) must be registered and paid I'or by traveler. The County will oillii reimburse the actual roomer and related hod tag:. Room s ri movies, and personal telephone really are not ,alpov a le oxpeose. Mileage r rrnbuirserrr nt shall be Oat the rate established by ARTICLE , TRAVEL, PER DIEM, � tkl EALSL .AND MILEAGE POLICY of the Monroe County Code of Ordinances, An odometer reading Must hie included, on the state travel voucher for vicirii travel. Mileage i not aHowled from a a_s residence or affice to a print of departure, For example, driving from 0,ne's home to the airport ca fo„ a buu firm ss trip Is not a reirribursabie expense,,erase,, 04 04 Meal reimbursement hall be at the rates estabfi,,shied by TICL ', TRAVEL, PER DIEM, MEALS„ AND MILEAGE POLICY of the Monroe County Code of Ordinances, Mical quidelir°ne state r that try+col mustbor irn ,prior to a.m. for breakfast reir bur nnent, before noon and e•rld after >_ r,m_ for lunch rcirr borsement arSd before 6 p,m, and end after 8 p rn , for diviner reimtlur ement. Lt_i LL Non-allowable Expenses < - The following expenses are nrat alilawabie for r'eirrutaurr emernt. aprtai Outlay expenditures (uillf err P rifncally included in the oontra,t-flM contributions, depreciation eXpLe Fe (unless p taftcail ° 32 rncludod in,, the torn a ente " �t �inrnernt expenses, fundraising-, iron-suffpa :nt check charges, penalties and firm , ar ar co cr Packet Pg.902 ATTACHMENT B 'ORGANIZATIONI Monroe County Ro rc of County ommissH ner!.j Finance Department 500 WNtebeac Bursar Key, West, FL 33 Date The following r,5 a summary or tht expensess for (-Q� ni ,at nnr r rr c) for the li�ftic period f to frcck # PayeeReason Amount unt 101 Company e Rant XXCX x 102 company r Utulitie " xx 104 Litiplcy ee A PA nding d 5/1 j? t ' .XX U- 105 Employee, P/R e,ndinr 5/28/01 ;�` � N (A) Tot 9 __ W U) ( ) Total phor payments ( "fatal Mquested ands paid (A B) S , _ . ( Tonal contract amount .x Bdhinc,e of cor'rtra ([-C) ar ( CeMfy that the above checks have been submitted to the vendor-5 s noted and that the expenses are, � act7uratc and rn a recmcnt with the r-cords f this arganization. Furthermore, there eXpenses are rn 04 comoflance with this or m tjon's canrr ct with the Monr° County Board of County^ rn i ,rcrre 04 an,d will not be submitted for rekim ursemen't to, any ether funrtrng source_ >- 04 - _ r , fr �:l�ns� ratS %s�sPat°�or°rir^h r�o�urnr°rtlrrpn a- r I State of, W' Ihe foregoing rnstrnurn nt was, a novel d be-foreme, by arson$ of 0' j)tjy5iCai r S�n 6t fir" rrlrr� rrr.�tarrzat�oj, this d ay of (month), (4 car), by W (n m f s r or agent, title f off`ac r orb agent) E (narne of ritity). P n ;ltip: Known Produced Identification., Type of( ,and dumber`on I (SEAL) Signature of otarn riarrie of Notary (7'yped, Stampned cxr Prrrrt d) INJotary Public,, Sr,atc of LU F Con",in ,red°B, ? e-d 1.`Pa pet I f Packet Pg.903 ATTACHMENT C Specific scri ticmj and list of scl -tc s to be Prcyvide,,d under this COT i.rd : 1 M I yl� n) } LLIq T 4vk (A� N Y r 04 CD 04 r 04 LL LL E Packet Pg.904 PUBLIC ENTITY CRIME STATEMENT ' ner on or attali to who teas been placed, on the convictc,,d vendor list falowing a conviction for pubftc entity crilme may not submiit a bie an a contract to provide any goods, or services to a puubflc entity, may not submit a bid on, a contract with a publHc entity far the Construction or repair Of a pot,fllc buildmg or public work, may not submit bids on feases of real property to public erg-Ut'w° may not be awarded Orr perform work CONTRACTOR, Supplier, subcontractor, or CONTRACTOR un r a contract ct ith any public entity, and ri`°1.ay not transact, U5lne rutty an, public entity In c of the thre5hold arr°ount provided in Section 2V,017, for CATEGORY 7%,VO faf- -a period of months from the rate of berm placed Dr, the convilcted vendor list t have read the above and state ttiat neither e ndent"s nar e nor any Affifiate ha been pfaced on theconvicted v n r tli ," tag [apt r� months. LL � N (Si 't W U) Date: Y ar r 04 CD 04 r 04 TO BE COMPLETED �NOTARY(rrr, ur or ance 6v,rth grate, notary requirements) LLr r State of R County of �U' , y W' The f regoi r ir'r-trurnent via arc n a d era , rTrC n of 0physical presence or ij onlin notaruz' tion, this F2� day O month) . r r W _ (name of off Icer or agent, tjtic of officer or agent) of ar (na e of ntrt ), E cr Personally Krlcnwn � Produced IdentiflcatJon: Typeof ID and Number on tf .e (SEAL) � Signattfire of Notate $ 1 Ww, * , ° q Name of Not, - T'� ��"�` a � r` r� d�fir� �ted) Notary Nub ic,, Status of Packet Pg.905 STATEMENTATTACHMENT E SWORN UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS LAU . .... - ornpany warrants that ire/it has not employed, retained or othewwlse had act on ls/ r behallf any, f rmor r trot' Phc r or f.-mp'jo'yCQL in violiatiorl of Section 2 of Ord nano . 010-1 0 or any County officer or employee m vwi ,. ti n of SeCtJon 3 of + rdlaance, No. 010-199,0. For br ad'r or Aotation of this provision, the county may, in its a5t rcrr, Larminate this Agreement wu rout liability and r^no also, Irk its drs n , �*durt fro he Agreement or purchase price, or � oth r� ise recover, the fuii amount of any felp, cornrnrs oi , percentage, gift, or consideration, paidU- to the former County offimr or employee."' U) (Signature) Date Y ar r 04 04 TO BE COMPLETED BY NOTARY (yin acco,r-daraec, with State trot rye rearm` r en ) 04 State of�" �� � mm, LL r ' w- �� County of The fc',)r oin rn t' tfvyas ack ears of Z physical pre nce or 1...1 or'fin 2 notarization, thr s I f � � at - (nar°r rr of afficer or agcnt, title of officer or agent) of (name of rrri , Pt�flal Known,4 cr .. Produced I n i s ti n 7,ype of ID and Number on R Signatbre of Notary C, 1130 t �` ^' 1 Name of o1 rY (T r Stampedsir°"PmrOted) a Notary Public, State of t Ck C�,� Packet Pg.906 DRUG-FREE WORKPLACE FORM ATTACHMENT F The undersigned veodar in accordance with Florida Statute �?` _ ' her-eb £.er,irfle thall-, (Na rnie of rr .in 1. Publish a staterrient rintifyIng erraplro eeo that the uniawful r anufacturt, ditstrlbution, dispensing, po e a,on, or ra e of a e0r1trclled substance is prohibited in the workplace and ls eci eln,g the actions that wfli be taken, against employees for violations of such prohibition, , Inform employr ea abort the dangem of drug iobu e in the wor pirrc,-e, the business' po icyr of maintaining a dru -fr- e. workp4ace, any avaiiathle drug couns�elin , rehabilitation, and ern loyee assistance programs and the penalties that may bNe irrr os d upon ernpioyee for drug abuse violations, 3 i e each employee en agecl in pravWving the cOrnmodItIES a,r contractual services that are � under bid a copy of the statement specified in sut) e tiodn (t), In ttae ,Catement Specified in, subsection (t), notify the employees that, a condition ofU) ork.in on true corn niodllzies or cantractual services that are under b1d, the employee ee MH turce by the terrns of the Statement and will notiify the erTaplo er of any conviction of, or v°}i ,plea of guilty or Hato contendere to, any Violation of Chapter 893 (Florida Statutes), er of .0 any controlle<I substance lair of the United States or any agitate, for a violation in the workplace no later than five ( days after such convimon, � Impose, a sanction on or require the atl factor r partiopation in a dig ague assistance or rehibilita'tion program if such is available in, the employee's commun[ty, or any ernployree who is so convicted. ar Make a giood raith effort to cor°rtrrrrre to mainta r drug-free wort ptace tI•wough Impl rnentation of this section, r 04 As 04 the peon authorized to sign the Statement, I certi rh is flrrarii compiles Brolly with the above regtrirernient r 04 (SIg,nature) - Data: r. TO BE COMPLETED (In occardance with Stale nozary r u i era ) WI State of .. W The foregoing Ira t4 ant wasa �,. -_d taefo me by means � s' vhysicai? prey rr�,ce or o online notanzation, the s,._� W day of (inunth")x D (year), by of officer or agent, title of officer or agent) of frame of u rfrty;l. Pt rsorrafty Known - Produced Identification: Type,of ID and Ni.4berl n F (SEAL) ' r �rtrIII; ➢sryr � 14,ZZ, Marine of Notary (Ty peg. to aped 0,(p rt ) Notary Publi€c. State m Packet Pg.907 FY2,021 Annual Perfarnnance For year ,2020-September 30,, 2 (Reportt r 31, 2021) rtc,La, Point ct Contact P )_ ° p' "Email I Grant Amount Per Section 8 of your contra contra4 it is i at You fill out the entire form and answer ovary question. LL arratr n 2 2 rtl i a. ctlPPrt � .'. U) I— ar 1., Please ant w4ces and client infortraton be4ow for the Progran-Vacbvities,furdled by the Monroe, Gore 2 ard. Moor 04 LL o at I 2, What were the r urabje outcomes(including numbers) accornplished in Y' 021? Please tt*Se out cart r i 6entified kp Questnro 1, number and percentage of yourctl,m,nts/par-dcip,antswem at or below the federal poverty level ar in Y2 21; and/or 20091/6,; and/or another standard used by your ani aticn,2 ar E . What area of Monroe County did you serve in r"Y20211 a , During FY2021, hovi maw months did you provide program servi to(P.1), cflent " 6 How many total FTEs in your organization? 7. How many FTEs workedon the pr ra ( ) funded by the FY2 21 DATF awaj-d? 0. Volunteers- hours program S&We Were contrbAed bvolunteers2 21, Packet Pg.908 FINANCIAL REPORT FY2021 CLERKS DRUG ABUSE TRUST FUND (DATF) 9. t r all the awarded n used in F°°20 1 . If no, please expfain,,: 10,Aflocation of FY2021 Award, Clerk's Orin Abuse Trust Fund Award Amount ~ et qLbM2y__ t ~ salaNee so 4 . 0 — _ so— FICA So so 0_. LL tam, T . Pc -- 0 h- I Insuranm6t 0 so Mpintenainca 0 so TraveLiTran ism - - COI; so RenVAssodafion Dues CliOrTt rServiMnescdbw so Client ServiCaADP-9,rdbe: so 04 Arent$ Medi . m 004 Client s lr u' be; so � P + r Other p� t c §gtrg le lt, Include all % ho rte ticrr tee the F2021 1 se Trust Fund (irrJUdmg Independent Contractors) � wee ~ l rr� u r _... to r - — m So t4 - - , $0-00 4 - so,Go Packet Pg.909 12. Did the 2021 funding from to Clerk's Dnjg1 Abuse Trust Fund serve as required match for a perbon or all funding awarded by another grantingagency? It yes, please provide details l a . ,., Gran`hype. Funding that Requimd Match Awarded�by Federal, served as 1 i tom `* S ' , by'th P � ranw etch r�ut� r � e p-rarit A F lv d l c r rro ar rw a vk t � c � h Far the following questions, p a a reportedyour FY'2021 IRS Form 9W. If your 2 A is not yet reds please providetimat for the foillowing questions. 13. ' h,at is your organization' fiscal g as U_ U) 14, What wee your organaalion's total expenses in FY2021'2 r ar U) 'Al bat was your organization's total revenue in 2021 16, V%batwas the organizabw,,stotal in grants and contracts for " 20212 ar 04 1T What was the organLzabon's total donationstfurx1raising and in-kind in 2 12 04 Cash Dc tion F ing:; . In-kind D natj n � undrai in r 04 U_ 189 Mat percentage of your expenses are program service experr5ees' versus m n g m and i general n l' ion FY2021 as reported on your IRS Farm 90 19. Additional Comments, Questions andior Suggs ions., ar ar E cr am defined as ex'p vas nKmdled to run yow qrams, =«1�1ti r➢ rC- u � n o suchm humarn mrs uu ? twes of thine not wc6driq di �w h prograrns, t 9ammb,a=ourfOrpq sevhu rinm ev enscs,cffice manaY'rrerd,aujiting,Ord{a 0rir Packet Pg.910 C.24.d AGREEMENT This Agreement is made and entered into this 21st day of October, 2020, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOPUDA, hereinafter referred to as "Board" or "County," and Keys to Be the Change, Inc., hereinafter referred to as "PROVIDER." WHEREAS, the PROVIDER is a not-for-profit corporation established for the provision of providing various programs for vulnerable children in Monroe County, and WHEREAS, it is a legitimate public purpose to provide programs for vulnerable children and adolescents who present at risk for substance use and aggressive/violent behavior, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and providing programs for vulnerable children in Monroe County, Florida, shall pay to the PROVIDER the sum of SIX THOUSAND TWO HUNDRED FORTY AND NO/100 DOLLARS ($6,240.00) for fiscal year 2021, as recommended by the Substance Abuse Policy Advisory Board and funded by the Clerk's Drug Abuse Trust Fund. 2. TERM. This Agreement shall commence on October 1, 2020, and terminate September 30, 2021, unless earlier terminated pursuant to other provisions herein. Q 3. PAYMENT. Payment will be made periodically, no less than quarterly but no more frequently than monthly, as hereinafter set forth. Reimbursement requests shall include items paid by the PROVIDER within 120 days of payment by the PROVIDER. Reimbursement requests will be submitted to the Board via the Clerk's Finance Office. Reimbursement request and supporting 1 documentation must be acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. 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 CU 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 Clerk's Finance Office may accept Reimbursement Requests electronically, but only when submitted and formatted in a PDF file with m cover letter and attachments together in one (1) file.) The PROVIDER agrees to submit hard copies 0 of Reimbursement Request and supporting documentation upon request. 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, U 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 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. DATF Contract:Keys to Be the Change FY21;Page I 1 Packet;Pg. 911 C.24.d S. 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. Funding under this agreement shall not be used to purchase capital assets. RECORDKEEPING 6. RECORDS AND RIGHT TO AUDIT. 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. �- a) Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; general ledger entries detailing cash and if applicable trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and a� all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, y- verifying payroll computations, overhead computations, observing vendor and supplier payments, i miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractor's representatives. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. The right to audit provisions survives the termination of expiration of this Agreement. `rJ c.> In addition, if PROVIDER is required to provide an audit as set forth in in Section 8(e) 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. 0 7. PUBLIC 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 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. 8. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items (a)-(j) 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) Proof of registration with the Florida Department of Agriculture, as required by Florida Statute 496.405, and the Florida Department of State, as require by Florida Statute 617.01201, or proof of exemption from registration as per Florida Statute 496.406. (c) 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; DATF Contract:Keys to Be the Change FY21;Page 12 1 Packet;Pg. 912 C.24.d (d) Evidence of annual election of Officers and Directors/Directors At-Large or bi-annual election of Officers and Directors/Directors At-Large as applicable; (e) Unqualified audited financial statements from the 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; 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. If the PROVIDER receives $100,000 or more in grant funding from the County: a. The CPA that prepares the audit must also be a member of the American Institute of Certified Public Accountants (AICPA); b. The CPA must maintain malpractice insurance covering the audit services provided and c. The County shall be considered an "intended recipient" of said audit. (f) Copy of a filed IRS Form 990 from most recent fiscal year with all attached schedules; (g) Organization's Corporate Bylaws, which must include the organization's mission, board and i membership composition, and process for election of officers; �- (h) 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; (i) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (j) 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 a� provided, a profile of clients (including residency) and numbers served, and outcomes achieved (see Attachment G); (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) 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 y- contract year. I RESPONSIBILITIES i 9. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and CU agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment C to residents of Monroe County, Florida. 10. 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 0 the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to v, 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 E usual and customary procedures required by the circuit court of Monroe County. 11. 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. 12. 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 contractual relationship; and disclosure or use of certain information. DATF Contract:Keys to Be the Change FY21;Page 13 Packet;Pg. 913 C.24.d 13. 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 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. 14. 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. U' COMPLIANCE ISSUES 15. 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. a� 16. 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. 17. NON-DISCRIMINATION. The COUNTY and PROVIDER agree that there will be no i 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. The COUNTY and 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 VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 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 § 794), 0 which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as v, amended (42 USC §§ 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 E on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and U 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 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 §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. DATF Contract:Keys to Be the Change FY21;Page 14 Packet;Pg. 914 C.24.d AMENDMENTS, CHANGES, AND DISPUTES 18. 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. 19. 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. The PROVIDER and County staff shall try to resolve the claim or dispute with meet and confer sessions to be commenced within 30 days of the dispute or claim. 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. Any claims or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16t" Judicial Circuit, Monroe County, Florida. 20. 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. a� ASSURANCES 21. 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. i 22. 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. CU 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. a� 23. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida 0 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. U CU 24. 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. 25. 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. DATF Contract:Keys to Be the Change FY21;Page 15 Packet;Pg. 915 C.24.d INDEMNITY ISSUES 26. 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 and causes of action for medical malpractice, medical negligence, 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. 27. 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. 28. 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. a� c.> 29. 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 1 constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. i 30. 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 `U to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER a� 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 m of individuals, entity or entities, have entitlements or benefits under this Agreement separate and 0 apart, inferior to, or superior to the community in general or for the purposes contemplated in this v, Agreement. GENERAL 31. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number CU 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. 32. 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 and Monroe County Attorney 1100 Simonton Street PO Box 1026 DATF Contract:Keys to Be the Change FY21;Page 16 Packet;Pg. 916 C.24.d Key West, FL 33040 Key West, FL 33041 For PROVIDER Heidi Golightly, Executive Director Keys to Be the Change, Inc. 1208 Watson Street Key West, FL 33040 Phone: (541) 974-4398 Email: heidiraolicahtly@amail.com 33. 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. U_ 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. u 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. 34. NON-WAIVER. Any waiver of any breach of covenants herein contained to be kept a� 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. 35. 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 U_i 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 c provision with a valid provision that comes as close as possible to the intent of the stricken provision. 36. CLAIMS FOR FEDERAL OR STATE AID: PROVIDER and COUNTY agree that each 0 shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the v, purpose of this Agreement. Any conditions imposed as a result of funding that effect the Scope of Services will be provided to each party. 37. 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 U respect to such subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] DATF Contract:Keys to Be the Change FY21;Page 17 1 Packet;Pg. 917 C.24.d 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: K, CLERK OF MONROE COUNTY, FLORIDA By By As Deputy ClerkMayor/Chairman e s to Be the Change, Inc. V) 2 (Federal ID No. WitneAs ' OLAALI ` i j� BY fitnesshief Executive Offices ' 04 04 04 Crj i Q) E Q) 0 Q) U DATF Contract:Keys to Be the Change FY21 a Page Packet Pg. 918 C.24.d 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 reimbursable 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 following 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 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 Ui attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a CU 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, support for applicable paid payroll taxes. 0 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 U 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. DATF Contract:Keys to Be the Change FY21;Page 19 Packet;Pg. 919 C.24.d 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. 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 u 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. a� c.> 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 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. i 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 m included in the contract), entertainment expenses, fundraising, non-sufficient check charges, 0 penalties and fines. v, U DATF Contract:Keys to Be the Change FY21;Page 10 Packet;Pg. 920 C.24.d 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 Cn 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 05/28/01 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) $ X,XXX.XX 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. Chief Executive Officer Attachments (supporting documentation) _ TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of 0 County of The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this day of (month), (year), by (name of officer or agent, title of officer or agent) of (name of entity). Personally Known Produced Identification: Type of ID and Number on ID_ (SEAL) Signature of Notary Name of Notary (Typed, Stamped or Printed) Notary Public, State of DATF Contract:Keys to Be the Change FY21;Page 111 Packet;Pg. 921 C.24.d ATTACHMENT C Specific description and list of services to be provided under this contract. ?KVLAOf\ V�11 F '40 IL 'flaj � U-!�: Sucx-e-96 vS; OW-AJO /I ( r 4. 04 CD CL04 OACL Ilt— eS? 04 0-1 �. Crj DAT'FContraet:Keys to Be the Change F f;Page? 12 Packet Pg. 922 C.24.d ATTACHMENT D PUBLIC ENTITY CRIME STATEMENT "A person or afflilate who has been placedon the convicted vendor list following a conviction for public entity crime may not submit a bidon a contract to provide any goodsor services to a public entity, not submit i contract with a public entity for the construction or repair of a public building or public work, may not submit i on less of real property to public entity, y not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, r 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 6 months from the date of beingIce n the convicted vendor list." _ W4 have read the above state that n i (Respondent's n 's name) nor vi endor list I months. any has Ice o the con avi r )a • a� 04 04 04 1 TO BE COMPLETED BY NOTARY 1 (ire accordance with State notary requirements) Crj Late of i -- County of The foregoing instrument was acknowledged before me, by means of physical presence or 0 online notarization, this ay of ( o ), T- `'° '"" (year , by " ' 1 (name of officer or agent, title of officer or agent) of (name of entity). Personally Known i grin Produced Identification: Type of ID andNumber on I " " 8 32U ��� � r a - (SEAL) ST tre of Not ? [X*"':% J�E=FA ""` ne o ,ota (Typed, Sty ged or Printed) YCOMY COMMISSION N G6219060 (Votary Public, State of -- . _®� DA TF Contract:Keys to Be the Change FY 1;Page 113 Packet Pg. 923 C.24.d COUNTY, ATTACHMENT E SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE FLORIDA ETHICS CLAUSE (to' an "...warrants that he/it has notemployed, retained or otherwise a act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. -1990 or any County officer or employee in violation of Sectionof Ordinanceo. 010-1990. For breach or violation of this provision the County , in its discretion, terminate this Agreement without liability and may also, in its discretion,deduct from r or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration pai to the former County officer or employee." i2F. ate: 04 04 i TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) � Late o - Crj County of � The foregoing instrument was acknowledged before me, by means of 1911physical presence or ❑ online m notarization, this 21 ay of (month), (year), by ea L (name o o rer or agent, til of o 'c r or agent) of 2 I — (n a of entity). Personally Known Produced Identificat ion: Type of ID andNumber on I f'A $ - aaa + CU CU (SEAL) Z-Siatureof - JEANETTE � IN of Notary (Ty d, Stamped r Prints My COMMISSION June 23,2022 of Public, State of ATF Contract:Keys to Be the Change FY21;Page; 14 Packet Pg. 924 C.24.d ATTACHMENT F DRUG-FREE WORKPLACE FORM e vendor in accordance it Florida t to here certifies t: (Name of eusRis t I I. Publish a statement notifying ly s that the unlawful manufacture, distribution, dispensing, ss ion, or use of a controlled substance is prohibitedin the workplace and specifying the actions that will be takeni employees for violations of suchro i itio . . Inform employees about the dangers of drug abusein the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and U_ employee assistance r0 r s, and the penalties that may be imposed upon employees for u, drug a violations. 3. Give each lyee engaged in providingthe commodities or contractual services that are under bid a copy of the statement specifiedin subsection (1 . 4. In the statement specified in subsection (1 , notify the employees that, as a condition o working on the commodities or contractual services that are under bid, the employeeill abidethe terms of the statement and will notify theemployer of any conviction of, or plea of guiltyr nolo conten ere to, any violation of Chapter 893 (Floridatate or of y controlled substance law of the Uniteds or any state, for a violation occurring in the workplaceno later than five (5) days after such conviction. 5. Impose a sanction on or require tifa o participation in a drug abuseassistance or rehabilitation program if such is availablei the employee's community, or any employee who is so convi 6. Make a good faith effort to continueto maintain a drug-free workplace through implementation of this section. s the person authorizedo sign the statement, I hat fir li s.,fully with thei above requirements. ( re) Date: TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of 0 County of The foregoing instrument was acknowledged before , by means of 11/physicall presence or 0 online notarization, this n a o ) `k y (name of officer or agent, title of officer or agent) of U CU (name of entity). Personally Known Produced eificaion: Type of ID and Number on ID, 'i (SEAT-) Sig �ture,.of Nota R _11MoJEANETTE FARINAS e of Notary (Typed, Stamped or Printed) My COMMISSION 2 t Qrf� t s ' ez3,2a2z NotaryPublic, State of .@,£ � ATF Contract:Keys to Be the Change Y21,Page i 15 Packet Pg. 925 C.24.d ATTACHMENT G FY2021 Annual Performance Report For year October 1, 2020—September 30, 2021 (Report Deadline: October 31, 2021) AgencyName -i-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Point of Contact (POCK ----------------------- ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------i Phone/Email ------------------------------------------- ----!----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------i Grant Amount ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Per Section 8 of your contract, it is required that you fill out the entire form and answer every question. Narrative on the FY2021 Performance (i.e. successes, challenges, etc.): Questions: 1. Please list services and client information below for the program/activities funded by the Monroe County award. , s i, S i ,1. �. 1 ,�, � ? { 1 S. ra}y� i,- . }I�„r,f .}\_) 1 �.,,1\ , r.. 1� .,,� £1;,1,,,1,,,�,,,1,,,1,,,1,.1 �1 �1:1„1 1„}✓) ,,af\ ,x.t.��a, , 2,,) t�t13s I. .7 1( k�\,..,,\ ..,. _,.\�'J1 t 7crt,�`co:t,4c t1\t1\,t,�\f,t,4\f:t1\t1\t,4\fo:t,4\f✓t,1\t1\t�\fo:t,4\fo:t,4\t1\t1\,t,�\f,t,4\f t1\t1\,t,�\fo:t,4\f✓t1\t1\,t,�\f�{�� fUU�?t,�,���d�I�� �dV� �+�f C�kdl�� li,lf�L ,b+ W 2. What were the measurable outcomes (including numbers) accomplished in FY2021? Please base these outcomes on the services you identified in Question#1. 3. What number and percentage of your clients/participants were at or below the federal poverty level in FY2021; and/or 200%; and/or another standard used by your organization? U 4. What area of Monroe County did you serve in FY2021? 5. During FY2021, how many months did you provide program services to (Q.1) clients? 6. How many total FTEs in your organization? 7. How many FTEs worked on the program(s) funded by the FY2021 DATF award? 8. Volunteers: hours of program service were contributed by volunteers in FY2021. DATF Contract:Keys to Be the Change FY21;Page 116 1 Packet;Pg. 926 C.24.d FINANCIAL REPORT FY2021 CLERK'S DRUG ABUSE TRUST FUND (DATF) (Note: Report Only DATF Grant Expenditures) 9. Were all the awarded funds used in FY2021? a. If no, please explain: 10. Allocation of FY2021 Award; Clerk's Drug Abuse Trust Fund Award Amount = $ Program Expense Administrative Expense Budget Category Dollar Amount Dollar Amount Salaries $0 $0 Fringe $0 $0 FICA $0 $0- Independent Contractors $0 $0 Office Supplies, Telephone, Postage $0 $0 Utilities $0 $0 Insurance $0 $0 Repair& Maintenance $0 $0- Travel/Transportation $0 $0 Rent/Association Dues $0 $0 Client Service/Describe: $0 $0 Client Service/Describe: $0 $0 i Client Service/Describe: $0 $0- Client Service/Describe: $0 $0 Other Expense/Describe: $0 $0 Other Expense/Describe: $0 $0 Other Expense/Describe: $0 $0 Other Expense/Describe: $0 $0 0 11. Compensation Detail: Include all persons who receive compensation from the FY2021 Clerk's Drug Abuse Trust Fund (including Independent Contractors) Employee Name Type of Work Hrs.Worked Total Charges FName, Last Initial Title Performed in Program on Pro ram to Program $0.00 $0.00 < $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 (Note:If you need more space you may add additional lines or an addendum.) DATF Contract:Keys to Be the Change FY21;Page 117 Packet;Pg. 927 C.24.d 12. Did the FY2021 funding from the Clerk's Drug Abuse Trust Fund serve as required match for a portion or all funding awarded by another granting agency? If yes, please provide details below: Amount of Name of Grantor Amount Grantor Type: Grant Type: Match % Funding that Required Match Awarded by Federal, Competitive or Required served as Funding Grantor*** State, Non-Competitive by the Required Local or Grantor Match Foundation ***Enter the Amount Awarded by the Grantor regardless of whether DATF provided 100% of the Required Match. For the following questions, please use the number as reported on your FY2021 IRS Form 990. IfU. your FY2021 IRS Form 990 is not yet prepared, please provide an estimate for the following questions. 13. What is your organization's fiscal year? 14. What were your organization's total expenses in FY2021? Y 15. What was your organization's total revenue in FY2021? N N 16. What was the organization's total in grants and contracts for FY2021? N 17. What was the organization's total donations/fundraising and in-kind in FY2021? I a. Cash Donations/Fundraising: b. In-kind Donations/Fundraising: 18. What percentage of your expenses are program service expenses' versus management and general expenses2 in FY2021 as reported on your IRS Form 990? 19. Additional Comments, Questions and/or Suggestions: a E v Email the Annual Performance Report to the Grants Coordinator for Monroe County '.Program service expenses are defined as expenses needed to run your programs. 'Management and general expenses encompass expenses such as human resources,salaries of those not working directly with programs, legal services, accounting services, insurance expenses,office management, auditing, and other centralized services. DATF Contract:Keys to Be the Change FY21;Page 118 Packet;Pg. 928 C.24.e i AGREEMENT This Agreement is made and entered into this 21st day of October, 2020, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or"County," and Florida Keys Outreach Coalition, Inc., hereinafter referred to as'PROVIDER." WHEREAS, the PROVIDER is a not-for-profit corporation established for the provision of services such as substance abuse treatment, relapse prevention and education for individuals and families in Monroe County, and WHEREAS, it is a legitimate public purpose to provide substance abuse treatment, relapse prevention and education services, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows; FUNDING 1• AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and providing substance abuse treatment, relapse prevention and education services for individuals and families in Monroe County, Florida, shall pay to the PROVIDER the sum of SIX THOUSAND TWO HUNDRED ELEVEN AND NO/100 DOLLARS ( 6,211.00) for fiscal year 2021, as recommended by the Substance abuse Policy Advisory Board and funded by the Clerk's Drug Abuse Trust Fund. 2. TERM. This Agreement shall commence on October 1, 2021, and terminate September 0, 2020, unless earlier terminated pursuant to other provisions herein. PAYMENT.3. Payment will be made periodically, no less than quarterly but no more frequently than monthly, as hereinafter set forth. Reimbursement requests shall include items paid >- by the PROVIDER within 120 days of payment by the PROVIDER. Reimbursement requests will be '- submitted to the Board via the Clerk's Finance Office. Reimbursement request and supporting documentation must be acceptable to the Clerk. Acceptability to the Clerk is based on generally >- accepted accounting principles and such laws, rules and regulations as may govern the Clerk's i disbursal of funds. 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 lawns 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 Clerk's Finance Office may accept Reimbursement Requests electronically, but only when submitted and formatted in a PDF file with cover letter and attachments together in on (1) file.) The PROVIDER agrees to submit hard copies of Reimbursement Request and supporting documentation upon request, The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included CU as Attachment B. The organiation'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 sure shall not exceed the total 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 DATA'Contract,F' 'CJCFY21:Page Packet Pg. 929 C.24.e i or goods provided by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise required by law. PROPERTY.S. PURCHASE OF 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. Funding under this agreement shall not be used to purchase capital assets. RECORDKEEPING ® RECORDS AND RIGHT TO AUDIT. PROVIDER shall maintain all books, records, and documents directAy 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, F , running from the date the monies were paid to PROVIDER. Righto Audit. Availability of.Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be wade available; general ledger entries detailing cash and if applicable trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Conroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County`s or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to a "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative >- and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, >- misc llaneous allocations, special charges, verifying information and amounts through interviews i and written confirmations with employees, Subcontractors, suppliers, and contractor's �- representatives. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. The right to audit provisions survives the � termination of expiration of this Agreement. In addition, if PROVIDER is required to provide an audit as set forth in in Section (e) 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. U ® PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other rn teria3s 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. 8. COMPLIANCE WIT LI The PROVIDER must furnish to the County the following (items (a)-U) must be provided prior to the payment of any invoices): (a) IRS Letter of Determination and GUIDESTAR printout indicating current 5 (c)( ) status; (b) Proof of registration with the Florida Department of Agriculture, as required by Florida .Statute 496.405, and the Florida Department of Stater as require by Florida Statute 617.0101, or proof of exemption from registration as per Florida Statute 4196.406, ATF Contract°FKOC FY21 Pao i Packet Pg. 930 C.24.e i (c) 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 terra of service; (d) Evidence of annual election of Officers and Directors/Di rectors At-Large or i-annual election of Officers and Directors/Directors At-Large as applicable; (e) Unqualified audited financial statements From the 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 reco m mended/taken; 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, If the PROVIDER receives $100,000 or more in grant funding from the County. as The CPA that prepares the audit must also be a member of the American Institute of Certified Public Accountants (AICPA); b. The CPA, must maintain rnalpractice insurance covering the audit services provided and c. The County shall be considered an "intended recipient" of said audit. (f) Copy of a filed IRS Form 90 from most recent fiscal year with all attached schedules; ( ) Cr anization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (h) 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; (i) Specific description or list of services to be provided under this contract with this grant (see Attachment C); (j) 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 (see Attachment ); T (k) Cooperation with County monitoring visits that the County may request during the contract year; and (1) 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 U_ i ® SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outline in Attachment C to residents of Monroe County, Florida, 10. ATTORNEY'S . 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 a torney's fees, court costs, investigative, and out-of-pocket expenses, as an award CU against the non-prevailing party, and shall include orney's fees, courts costs, investigative, and out-of-pocket expenses in apell to proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Pules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. ® 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. x 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 11 .313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public DATFContract-F OC"FY21.Page 13 Packet Pg. 931 C.24.e i position, conflicting employment or contractual relationship; and disclosure or use of certain information 13. 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 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, ® 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 2 IS. 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 2 agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER, LICENSING.16. PROFESSIONAL RESPONSIBILITY AND 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 thePROVIDER'S program and staff. 17® NON-DISCRIMINATION. The COUNTY and PROVIDER agree that there will be no j discrimination against any person, and it is expressly understood that upon a determination by a i 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. The COUNTY and PROVIDER agree to comply with all Federal and Florida statutes, and all local i ordinances, as applicable, relating to nondiscrimination. These include but are not limited to; 1} Title VII of the Civil Rights Act of 1964 (PL 3-3 ), which proh`: its iscri 'nation in employment on the basis of race, color, religion, sex, and national origin; 2)Title IBC of the Education Amendment of 1972, as amended (20 USC §§ 16 1-1 5 , and 166 -1636), which prohibits discrimination o the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended ( 0 USC § 794), which prohibits discrimination on the basis of handicaps; ) The Age Discrimira ion Act of 1975, as amended (42 USC §§ 6101- 107), 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 ondiscrim'nation on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcohol's Prevention, Treatment and Rehabilitation Act of 1970 (PL 1- 1 ), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 27 (42 USC §§ 690dd-3and Zee- ), as amended, relating to confidentiality of alcohol and drug abuse patient records; S) Title VIII of the Civil Rights Act of 1968 ''42 USC §§ 3601 at seq.), as amended, relating to nondiscrimination in the sale, rental or financing of ous'n ; 9)The Americans with Disabilities Act of 19 0 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis ofdisability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, rell!gion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other ATF Contract KOC F'Y2], Page,4 Packet Pg. 932 C.24.e i nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. MODIFICATIONSAMENDMENTS, CHANGES, AND DISPUTES 18. . 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 COO . 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. The PROVIDER and County staff shall try to resolve the claim or dispute with meet and confer sessions to be commenced within 30 days of the dispute or claim. 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. Any claims or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16t" Judicial Circuit, Monroe County, Florida. 20. 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. INTEREST.ASSURANCES 21. COVENANT OF NO 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. 22. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing i 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 °nto any assignment and any assignee shall comply with all of the provisions herein. i Unless express y provided for therein, such approva, shall in no manner or event be deemed to impose any o „i at on upon the Board in addition to the total agreed upon reimbursement amount for the servces of the PROVIDER. IMMUNITY.23. NON-WAIVER OF Notwithstanding the provisions of Sac, 768,28, Florida Statutes, the part'?'cipation of the County and the PROVIDER in this Agreement and the acquisition of any commercial I ab:,l 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 wa'ver. ® ATTESTATION& 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. 25. ® 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, A TF Contract-FKOC F Y21,Page i 5 Packet Pg. 933 C.24.e i ISSUESINDEMNITY ® INDEMNIFICATION . The PROVIDER covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims and causes of action for medical malpractice, medical negligence, 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. . 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 1`smits of the County. 28. 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. 29. LEGAL OBLIGATIONS P I I ® 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 T 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 Statutoryduties of the County,ty, except to the extent permitted by the Florida constitution, state statute, and case law. ® NON-RELIANCE 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 PROVIDE 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 u 31. 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. 32. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand-delivered or ,nailed, postage pre-paid, by certified mail, return receipt requested, to the other party as follows; For Board: Grants Administrator and Monroe County Attorney 1100 Simonton Street PO Box 16 DA T'F'Contract:FK C'FY21;Page Packet Pg. 934 C.24.e i Key West, FL 33040 Key West, FL 33041 For PROVIDER Stephanie Kale, Executive Director Florida Keys Outreach Coalition, Inc, 14 Northside Drive, Suite 201 PC Box 477 Key West, FL 33041 Phone: (30 ) 5-7741 Email: skaole fkoc.ora VENUE,33. GOVERNING LAW, INTERPRETATION, COSTS, 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. L 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 there the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding, 34. . 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. ® SEVERABILITY. If any term, covenant, condition or provision of this .Agreement (or t!he aplicat on 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 I 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. . CLAIMS FOR FEDERAL OR STATEI . PROVIDER and COUNTY agree that each shall be, and ;s, empowered to ap �y for, seek, and obtain federal and state funds to further the purpose of this ,Agreement. Any conditions imposed as a result of funding that effect the Scope of Services will be provided to each party. 7. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto w'th 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 LANK WITH SIGNATORYFOLLOW] DATF Contract.F OC"FI'21;Pagge, 7 Packet Pg. 935 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: KEVIN MADOK, CLERK OF MCA E COUNTY, FLORIDA By By As Deputy Clerk Mayor/Chairman Florida Keys Outreach Coalition, Inc. 2 (Federal ID it ss By ,�F�ecutv� 0 �e U- E U DA TF Contract FKOC FY2],-Fags 8 Packet Pg. 936 C.24.e i REQUIREMENTSATTACHMENT A EXPENSE REIMBURSEMENT This document is intended to provide basic guidelines to Human Service and Community-Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to trav°ei, are from the Monroe County Code of Ordinances and State lams and regulations, cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following 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 oranizain'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 reviews reimbursement requests on an individual basis. Any questions regarding these v, guidelines should be directed to 305-29 -353 . Data roc ssin , PC Time, etc. The vendor invoice is required for reimbursement. Inter-company allocations are not considered Q reimbursable expenditures unless appropriate payroll journals for the charging department are >_ attached and certified. Payroll certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a i 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 roust be provided: pay period, check i amount, check number, date, payee, support for applicable paid payroll taxes. Postage, Overnight Deliveries, Courier, etc. 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. U Rents, Leases, etc. copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. 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 `nvo:'ce and sample of the finished product are required, Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. L_4 F ontract:FKOCFY21, fags 9 Packet Pg. 937 C.24.e i Telefax, x, etc. 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 ses 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. I-ravel and Meal Expenses Travel expenses must be submitted on a Mate of Florida 'toucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and Mate lags and regulations. Credit card statements are riot acceptable docurnentation for reirribursern nt< 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, 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, va 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, driv'ng from one's house 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 6 p.m. for dinner reimbursement. I 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. U A TF Contract FKOC ?I Page 10 Packet Pg. 938 C.24.e i ATTACHMENT ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key Test, FL 33040 Date The foilowing is a ,summary of the expenses for ( r iz��) for the time period of to ®. Check # Payee Reason Amount 1.01. Company A Rent $ X,XXX.XX U- 102 Company B Utilities XXX.X 104 Employee A P/R ending 05/14/01 XXX.XX � 105 Employee B P/R ending 0 /28/01, XXX.XX (A) Total X (B) Total prior payments X, XX,XX (C) Total requested and paid (A + B) X,XXX.XX ( ) Total contract amount $ X,XXX XX Balance of contract ( -C) v 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 organi ation's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Chief Executive dicer Attachments (supporting documentation) TC BE COMPLETED BY NOTA (in accordance with State notary requirements) State of County of The foregoing instrument was acknowledged before me, by means of 0 physical presence or online U notarization, this day of (month), (year), by (name of officer or agent, title of officer or agent) of (name of entity). Personally Known Produced Identification; Type of ID and Number can IC (SEAL) Signature of Notary Name of Notary (Typed, Stamped or Printed) Notary Public, State of r1T#>`Contract-FKO F'Y2I1-Page111 Packet Pg. 939 C.24.e i ATTACHMENT C Specific description and list of services to be provided under this contract: CD ATF Contract:FKOC"FY21:Page! 12 Packet Pg. 940 C.24.e i ATTACHMENT D 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 forte 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 prodded in Section 287.017, for CATEGORY TWO for a period of 36 monthsfrom the date of being placed on the convicted vendor list." I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vend®r list within the last 36 months, 2 at re) to: 04 04 04 i U- TO BE COMPLETEDNOTARY (in accordance with State notary requirements) �- State of i County of The foregoing instrument was acknowledged before me, by means of ysical presence or 0 online notarization, this day of (month), b (year), by --- (name of officer or agent, title of officer or agent) of t ' acne of entity). Personally Known Produced Identification: Type of I and f�uer (SEAL) otary NQUWY Puck State at Fior g 01Ma J.Noe a,s�ao e of Notary (Typed,ed, Stamped or Printed) Notary Public, State of ,47'F Con&av FKOC FY21: alge 113 Packet Pg. 941 C.24.e i COUNTY, ATTACHMENT E SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE FLORIDA ETHICS CLAUSE '1 0 • rr (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. 010-190. For breach or violation of this provision the County may, In its discretion, terminate this Agreement without liability and may aiso, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission,ion, percentage, gift, or consideration paid to the former County officer or employee." i ure Date; i hl hl hl TO BE COMPLETEDNOTARY (in accordance with State notary requirements) State of 1 County of - The foregoing ';nstru ent was acknow edged before me, by means of hysicai presence or Cl online notarization, this day of (month), (year,,, by P Le "'name of officer or agent, tit'e of officer or agent" of U CU a(+Am of entity). Personally Known Produced Id ntifcation; Type of ID and Numb (SEAL) Sign ure Notary :JNoe S �f�; r:«Gvirwe,s e of Notary (Typed, Stamped orPrinted) Of Expire2u2,1 Notary Public, State of NoWy Public State Flonda ® o' ' J.Noe My Commmsm H 15M alpExpires r202a DAT Packet Pg. 942 C.24.e i ATTACHMENT F DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that: �* a (Name of uslness a 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, . Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a rug-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). . 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 contenders 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 ( ) days after such conviction, 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. 5. 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 ertify that this firm complies fully with the above requirements. U_ i Date: TO BE COMPLETED i Y NOTARY (in accordance with State notary requirements) State of County of _ The foregoing instrument was acknowledged before me, by means o physical presence or C3 online CU notarization, this day of_-- (month), __-__ (Year), by E (name of officer or agent, title of officer or agent) of t n me of entity), c Personally Known Produced Identification: Type of ID and ®reNotary ( AFL) Si or Public�06422VV2024 ceoeFs of blots (Typed,0 ( `° , Stamped or Printed) My EjpcH 0 1 a ° Notary Public, State of DATF Contract F'KOC FY21:Prise`.,`, 15 Packet Pg. 943 C.24.e i ATTACHMENT G FY2021 Annual Performance Report For year October 1, 2020—September 30, 2021 (Report Deadline: October 31, 2 ) � E ,L_gency Name I � ; I Point of Contact Phone/Email I Grant Amount I Per Section of your contract, it is required at you fill out the entireform and answer every ues ion. Narrative cri t FY2021 Ise or ance !.e. successes challe i e , etc. : Questions: 1, Please list services and client infDrmation below for the progr rn,`activiti s funded by the Monroe County award, ch 0MOEI�"a get l NU F Ea E) YES ,T6 !x kj t� id6 �xT' i 1aret E2ik aeW f r.e_ ' v LL a c.> 2. What were the measurable outcomes 1" ncl'ud'ng numbers;accomplished in FY2021? Please base these outcomes on the services.you l entiffed in Question 1. I What number and percentage of your clients/participants were at or below the federal poverty level in FY2021; and/or 211"Q; and/or another standard used by your organization? CU 4. What area of Monroe County did you serve %n 2021? d. During FY021, how many months you provide program services to ( .1)cl`ents? . How many total FTEs In your organization? T How many FFEs worked on the prograrsn(s)funded by the FYY2021 DATF award? . Volunteers: hours of program erv'ce were contributed by volunteers in FY2021. DATF Contract F OC"FY21,Page Ib Packet Pg. 944 C.24.e i FINANCIAL FY2021 CLERK'S DRUG ABUSE TRUST FUND (DATF) (Note:Report Only DA TF Grant Expenditures . Were all the awarded funds used in FY2021? a. If no, please explain: 10. Allocation of FY2021 Award; Clerk's Drug abuse Trust Fund Award Amount= ® ro .. Expense dii� f[� ray u gdtCatecgo _ -_ _ lar dui ; Ilan°_ Ot t Salaries € $ $ - _.. .. rine $0 $0 FICA $0 _ #ndepenntcntractens $ 3 ur -_ _. _ ,qfficeSuppies,Telepc ...,. stag _ 0 _. $0 Utilities $0 $0 I Insurance $0 i $0 Repa,,r&Maintenance $0 $0 Travel/Transportation so $0 RenVAsscciaticn Cues $0 $0 1 �...,,� .� .._�.. as i Client Service/Describe: 0 9 $0 r Client Service/Describe: a so $ Client Service/Describe: $0 $0 Client Service/Describe: $ 1 $ Other pease/Describe: $0 $0 i . . Other E pensef escr9 e: $0 ! $ Other Expense[Describe: $0 $0 i - - Other E ;ense/Oescribe: $0 � $0 0 T. ..._. LL. 1. CompensationDetail: Include all persons who receive compensation from the FY2021 Clerk's Drug Abuse Trust Fund (including Independent Contractors Emp game rges 5 `€uric c. Tc CharCU I � , stlrziE Tide- . . ] rtca ire rdgra�t are_" , rot �; to .'rr $0.00 i - $0.00 m.� $0.00 E � m> $0.00 $0.00 $0.00 - - $0.00 m $0.00 $0.00 (Note:1f you creed more,space you may add addl#lertal lines or art addendum.) Packet Pg. 946 C.24.e i 12. Did the FY2021 funding from the Clerk's Drug Abuse Trust Fund serve as required atch for a portion or all funding awarded by another granting agency? If yes, please provide details below: Am '�rar�t t arse of GnAnt6r rrtc�us�t t r;�y e� e �f h%` «. Funding d : y F ddral Co mpe,, ve or, , R6` a send as .I, Furadig` r�t� : te, d€irx re" y e l , 4equtr d Le }&' l Graht6r. and tion F << �Enter the Arr oust Awarded by the Grantor regardless of whether DATF provided 100%of the Required Match. For the following questio sp please use the number as reported on your FY2021 IRS Form990, If your FY2021 IRS FormIs not yet prepared, please r vl e an estimate for the following questions, 13. What is your or ani atio 's fiscal year? 14. What were your organiation's total expenses in FY2021? 16. What was your organi ation's total revenue in FY2021? 16, Whatas the organi tion's total in grants and contracts for FY2021? 04 04 17. What was the organi ation's total dona ionstfun raising and in-kind in FY" 0 1? >_ a. Cash Donationsf undraising. d, In-kindDonations/Fundraising: i 16. What percentage of your expenses are program service expenses' versus management an general expenses2 in FY2021 as reported on your IRS Form 990? i 19. Additional Comments, Questions and/or Suggestions-, U V Email 0*Annual Performance Report to the Grants Coordinator pr r n s rtfice expenses are der-red as expenses needed to roan your programs. 2Managernent and ueneral expenses encompass expenses such as human resources,salaries of those not working directly with programs,' a',services, accounting services Insurance expenses,office management,auditing,and other centralized services. DATF Contract.-FKOC Y211 dugs 1 18 Packet Pg. 946