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FY2002 11/20/2001 Agreement�y�ouwrr� J.� ��y'cvi0'•. �G !Vt• iJ OPz' �.� SM G: s'• ' o� ..0 Oy+�E COUIIT'1 CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 MEMORANDUM DATE: December 7, 2001 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 TO: Jennifer Hill, Budget Director Office of Management & Budget ATTN: Dave Owens, Grants Administrator Office of Management & Budget FROM: Pamela G. Hanc Deputy Clerk BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 At the November 20, 2001, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Fiscal Year 2002 Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Contract between Monroe County and Safeport. Fiscal Year 2002 Byrne Formula Grant Program, Certificate of Subgrant Awards between Monroe County and the Florida Department of Law Enforcement for Safeport Residential Drug and Alcohol Treatment Center I, Grant Number 02-CJ-2H-11-54-01-130. Enclosed is a duplicate original of each of the above mentioned for your handling. Should you have any questions please feel free to contact this office. Cc: County Administrator w/o documents County Attorney Finance File. EDWARD BYRNE MEM JAL STATE AND LOCAL LAW ENFC':;EMENT ASSISTANCE FORMULA GRANT FUNDS AGREEMENT THIS AGREEMENT is made and entered into this 7tJ 'tAday of IVt! V/ , 2001, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 5100 College Road, PSB Wing II, Stock Island, Key West, FL 33040, hereinafter referred to as "COUNTY," and Safeport, whose address is 301 White Street, Key West, Florida 33041, hereinafter referred to as "PROVIDER." WITNESSETH WHEREAS, the Florida Department of Law Enforcement has awarded a sub-grant of Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds to the COUNTY to implement a program that provides Residential Drug and Alcohol Treatment; and WHEREAS, the County is in need of an implementing agency to provide said services under this Program; and WHEREAS, the PROVIDER is the sole provider of this program; and WHEREAS, the COUNTY has agreed to disburse the Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds to the PROVIDER in accordance with the COUNTY'S application for the Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds. NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and the PROVIDER agree as follows: 1. TERM - The term of this Agreement is from October 1, 2001, through September 30, 2002, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES - The PROVIDER will provide services as outlined in the COUNTY'S Anti- Drug Abuse Sub-grant Award, attached and made a part hereof. 3. FUNDS - The total project budget to be expended by the PROVIDER in performance of the services set forth in Section 2 of this agreement shall be the total sum of $60,207,00. The total sum represents federal grant/state sub-grant support in the amount of $45,155.00 and local matching funds in the amount of $15,052,00, which amount shall be provided by the county through the grant matching funds account. All funds shall be distributed and expended in accordance with the Project Budget Narrative submitted as outlined in the grant agreement. 4. INCORPORATION BY REFERENCE - The provisions of those certain documents entitled "State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Subgrant Award Certificate and Application" therefor and all laws, rules and regulations relating thereto are incorporated by reference, (Attachment A). 5, IMPLEMENTING AGENCY BOND - The PROVIDER is an implementing agency under the COUNTY'S Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program, and shall be bound by all the provisions of the documents incorporated by reference in Section 4 of this Agreement. Additionally, the PROVIDER shall be bound by all laws, rules, and regulations relating to the COUNTY'S performance under the Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. 6. BILLING AND PAYMENT (a) The PROVIDER snail render to the COUNTY, at the close of each calendar month, an itemized invoice properly dated, describing the services rendered, the cost of the services, and all other information required by the Program Director. The original invoice shall be sent to: Monroe County Grants Administrator 1100 Simonton Street Key West, FL 33040 (b) Payment shall be made after review and approval by the COUNTY within thirty (30) days of receipt of the correct and proper invoice submitted by the PROVIDER. 7. TERMINATION - This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered to the other party. The COUNTY shall not be obligated to pay for any services provided by the PROVIDER after the PROVIDER has received notice of termination. In the event there are any unused Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds, the PROVIDER shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. 8. ACCESS TO FINANCIAL RECORDS - The PROVIDER shall maintain appropriate financial records which shall be open to the public at reasonable times and under reasonable conditions for inspection and examination and which comply with the Agreement incorporated in Section 4 of this Agreement. 9. AUDIT - The PROVIDER shall submit to the COUNTY an audit report covering the term of this Agreement, within one-hundred twenty (120) days following the Agreement's lapse or early termination and shall also comply with all provisions of the Agreement incorporated in Section 4 of this Agreement. 10. NOTICES - Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, and sent to: FOR COUNTY: Monroe County Grants Administrator 1100 Simonton Street Key West, FL 33040 FOR PROVIDER: Maryann Barry, Director Safeport 301 White Street Key West, FL 33040 Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. 11. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the Florida Department of Law Enforcement cannot be obtained or cannot be continued at a level sufficient to allow for the services specified herein, this Agreement may then be terminated immediately, at the option of the COUNTY, by written notice of termination delivered in person or by mail to the PROVIDER at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the PROVIDER after the PROVIDER has received notice of termination. 12. COMPLIANCE WITH LAWS AND REGULATIONS -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 hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State of Florida and Article 1 of the United States Constitution, which provide that no revenue of the state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect or religious denomination or in aid of any sectarian institution. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to the PROVIDER. If the PROVIDER receives notice of material breach, it will have thirty days in order to cure the material breach of the contract. If, after thirty (30) days, the breach has not been cured, the contract will automatically be terminated. 13. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall assign this Agreement or any interest under this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other, 14, INDEPENDENT CONTRACTOR/EMPLOYEE STATUS - The PROVIDER is an independent contractor. No statement in this agreement shall be construed so as to find the PROVIDER, its employees, contractors, servants, volunteers, or agents to be employees of the COUNTY. Persons employed by the PROVIDER in the performance of services and functions pursuant to this Agreement shall have no claim to pension, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the COUNTY'S officers and employees either by operation of law or by the COUNTY. 15, INDEMNIFICATION - The PROVIDER agrees to hold harmless, indemnify, and defend the COUNTY, its commissioners, officers, employees, and agents against any and all claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or related to the provision of services hereunder by the PROVIDER. 16, ENTIRE AGREEMENT (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. r--.,) -r-'" ~;)." co ~ c ~~ ~ ~ NESS WHEREOF, the parties to this Agreement have caused theirjj~s t~e ::; ,;f the proper officers thereof for the purposes herein expressed at ~e n a ~ 0 t ~ on the day and year first written above. rr:s; ~ ~ -.: ('"J ,-- .y-.,o :u BOARD OF COUNTY OMM~S1ijNE~ ~ OF MONROE COU FLOi1D~ ~~ ~ . +"- a By: hairman APPROVED AC TO f n~N~" .;oAL SUFf!' , ~NNE Ie( ~ON f"ATE /ojL~~ ~~ c::- ~_~AL O.N. ~ --- Witness MFE7 By: Title: MActylryJ fJ..AfJJ.1) 54PJ;{J6fi OIRfC,o/L SWORN ~rATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE tf\ ML1 At1~ Bp..(rl..'1. 5AFe-fcJ!X D,~, warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No.1 0-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. . k \\/~/Ol COUNTY OF Date: ~~ \\\~ STATE OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, m ""j Q...(\" f6Ar r'f who, after first being sworn by me, affixed his/her signature (name ofindividual signing) in the space provided above on this cl)th day of (\OUe.V'Abu-- ,~Ol. NOTARY PUBLIC ~\;;:O~ My commission expires: - - - - - - OMB - MCP FORM #4 I "m'~~~'"'''''' SUNtE VER OUFT . f. :\ Notary Public . State of Florida ~ E My ComrnIIIm &pre. Ju/13, 200lI ""q.m,~ Commlulon' 00016128 - - JBLlC ENTITY CRIME STATEMEt\... "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list."