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Item C24 Revised 2/95 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 17, 2001 Division: Management Services Bulk Item: Yes I:8J No 0 Department: OMB/Grants AGENDA ITEM WORDING: Approval of amendment to contract with the Guidance Clinic of the Middle Keys to increase funding by $41,000.00. ITEM BACKGROUND: Amendment made necessary by approval of request for increased funding. PREVIOUS RELEVANT BOCC ACTION: Approval of request to augment the approved budget of the Guidance Clinic of the Middle Keys due to strong unexpected and on going high fuel prices and insurance premiums by $41,000.00 passed at December BOCC meeting. STAFF RECOMMENDATION: Approval TOTAL COST: $41,000.00 BUDGETED: Yes 0 No I:8J COST TO COUNTY: $41,000.00 REVENUE PRODUCING: Yes 0 No I:8J AMOUNT PER MONTH YEAR APPROVED SY: COUNTY A TTY ~ OMS/PURCHASING ~J:K MANAGEMENT ~ DIVISION DIRECTOR APPROVAL: --7'~ 1--- James L. Roberts DOCUMENTATION: INCLUDED: 0 TO FOLLOW: 0 NOT REQ~IR~~, _ DISPOSITION: AGENDA ITEM #: ~~ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Guidance Clinic of the Middle Keys Effective Date: 1 % 1/00 Expiration Date: 9/30/01 Contract PurposelDescription: Amendment to contract for FY01 increasing funding by $41,000.00. (BOCC approved additional funding at Dec. 2000 meeting) Contract Manager: David P. Owens (Name) 4482 (Ext. ) OMB/Grants Mgt. (Department) for BOCC meeting on 01/17/01 Agenda Deadline: 01/03/01 CONTRACT COSTS Total Dollar Value of Contract: $737,995.00 Current Year Portion: $737,995.00 Budgeted? Yes X No Account Codes: 102-04542-530340 Grant: $0.00 County Match: $0.00 Estimated Ongoing Costs: $0.00 (Not included in dollar value above) ADDITIONAL COSTS For: (eg. Maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Ye~D~~ YesDNo~ '0)(IJhw YesD NoC:J~ a f'~~U/ s. l-N~ YesD NoD ,) ee. a+~cJ'\-e "l Date Out Division Director Date In # { -~-O( MLu t/3101 {~ 15~OI /-~ 01 Risk Management O.M.B.IP~ng . County Attorney Comments: OMB Form Revised 9/1 1/95 MCP #2 AMENDMENT TO AGREEMENT This Amendment to Agreement is made and entered into this day of , 2001, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board," and the GUIDANCE CLINIC OF THE MIDDLE KEYS, INC., hereinafter referred to as "Provider." WHEREAS, the Board and the Provider entered into an agreement on November 22, 2000; and WHEREAS, the budget has been augmented due to strong unexpected and on going high fuel prices and insurance premiums, and it is desired to amend Paragraph 1 of said Agreement; now, therefore, Paragraph 1 is hereby amended to read as follows: 1. AMOUNT OF AGREEMENT. The Board, in consideration of the Provider substantially and satisfactorily performing and carrying out the duties and obligations of the Board, shall reimburse the Provider for a portion of the Provider's expenditures for Baker Act hospital, physician and crisis stabilization services, as billed by the Provider, for clients qualifying for such services under applicable state and federal regulations and eligibility determination procedures, and for Baker Act transportation services, non-Baker Act mental health services and substance abuse treatment. This cost shall not exceed a total reimbursement of Seven Hundred Thirty-seven Thousand Nine Hundred Ninety-five Dollars ($737,995.00), during the fiscal year 2000-2001, payable as follows: a) Pay to the Provider the sum of Fifty-six Thousand Six Hundred Dollars ($56,600.00) for the providing of transportation of patients in Monroe County to treatment facilities. b) Pay to the Provider the sum of Five Hundred Twenty-nine Thousand Two Hundred Forty-six Dollars ($529,246.00) for rendering counseling services, detox, crisis stabilization, and Baker Act transportation. c) Pay to the Provider the sum of Eighty-two Thousand One Hundred Seventy-eight Dollars ($82,178.00) for substance abuse treatment services. d) Pay to the provider the sum of Sixty-nine Thousand Nine Hundred Seventy-one Dollars ($69,971.00) for Baker Act transportation. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. (Federal ID No. ) By By Director President Jdconguidancemk2 AGREEMENT This Agreement is made and entered into this day of , 2000, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and the GUIDANCE CUNIC OF THE MIDDLE KEYS, INC., hereinafter referred to as "Provider," WHEREAS, the Board and the Provider desire to enter into an agreement wherein the Board contracts for services from the Provider for the rendering of mental health services to the citizens of the Middle Keys, Monroe County, Florida, and WHEREAS, the Board is vested and charged with certain duties and responsibilities relating to the mental health and guidance of the citizens of Monroe County, and WHEREAS, such services have been rendered by the Provider in the past and have been invaluable to the citizens of the Middle Keys, and WHEREAS, it is proper and fitting to enter into an agreement for services to be rendered in the forthcoming fiscal year 2000-2001, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. AMOUNT OF AGREEMENT. The Board, in consideration of the Provider substantially and satisfactorily performing and carrying out the duties and obligations of the Board, shall reimburse the Provider for a portion of the Provider's expenditures for Baker Act hospital, physician and crisis stabilization services, as billed by the Provider, for clients qualifying for such services under applicable state and federal regulations and eligibility determination procedures, and for Baker Act transportation services, non-Baker Act mental health services and substance abuse treatment. This cost shall not exceed a total reimbursement of Six Hundred Ninety-six Thousand Nine Hundred Fifty-five Dollars ($696,955.00), during the fiscal year 2000- 2001, payable as follows: a) Pay to the Provider the sum of Fifteen Thousand Six Hundred Dollars ($15,600.00) for the providing of transportation of patients in Monroe County to treatment facilities. b) Pay to the Provider the sum of Five Hundred Twenty-nine Thousand Two Hundred Forty-six Dollars ($529,246.00) for rendering counseling services. c) Pay to the Provider the sum of Eighty-two Thousand One Hundred Seventy-eight Dollars ($82,178.00) for substance abuse treatment services. d) Pay to the provider the sum of Sixty-nine Thousand Nine Hundred Seventy-one Dollars ($69,971.00) for Baker Act transportation. 2. TERM. This Agreement shall commence on October 1, 2000, and terminate September 30, 2001, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be paid monthly as hereinafter set forth. Baker Act Billing Summary Forms, certified monthly financial and service load reports will be made available to the Board to validate the delivery of services under this contract. The monthly financial report is due in the office of the Clerk of the Board no later than the 15th day of the following month. After the Clerk of the Board pre-audits the certified report, the Board shall reimburse the Provider for its monthly expenses. However, the total of said monthly payments in the aggregate sum shall not exceed the total amount of $696,955.00 during the term of this agreement. To preserve client confidentiality required by law, copies of individual client bills and records shall not be available to the Board for reimbursement purposes but shall be made available only under controlled conditions to qualified auditors for audit purposes. 4. SCOPE OF SERVICES. The Provider, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and carry out the duties of the Board in rendering counsel in the matter of mental health and guidance to the citizens of the Middle Keys, Monroe County, Florida. The Provider shall provide these services in compliance with Florida Statutes Chapter 394. Said services shall include, but are not limited to, those services described in Provider's Details of Specific Program for Which Funding is Requested, attached hereto as Exhibit C and incorporated herein. 5. RECORDS. The Provider shall maintain appropriate records to insure a proper accounting of all funds and expenditures, and shall provide a clear financial audit trail to allow for full accountability of funds received from said Board. Access to these records shall be provided during weekdays, 8 a.m. to 5 p.m., upon request of the Board, the State of Florida, or authorized agents and representatives of the Board or State. The Provider shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General of the State of Florida, the Clerk of Court for Monroe County, an independent auditor, or their agents and representatives. In the event of an audit exception, the current fiscal year contract amount or subsequent fiscal year contract amounts shall be offset by the amount of the audit exception. In the event this agreement is not renewed or continued in subsequent years through new or amended contracts, the Provider shall be billed by the Board for the amount of the audit exception and the Provider shall promptly repay any audit exception. 6. INDEMNIFICATION AND HOLD HARMLESS. The Provider covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Provider occasioned by the negligence, errors, or other wrongful act or omission of the Provider's employees, agents or volunteers. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 7. INDEPENDENT CONTRACTOR. At all and for all purposes hereunder, the Provider is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the Provider or any of its employees, contractors, servants or agents to be employees of the Board. 8. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the Provider shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery .of written notice of termination to the Provider. 9. COMPLIANCE WITH COUNTY GUIDELINES. The Provider demonstrate and sustain compliance with: (a) SOl(c)(3) Registration; (b) Board of Directors of seven or more; (c) Annual election of Officers and Director; (d) Annual provision of annual report to County; (e) Corporate Bylaws; (f) Corporate Policies and Procedures Manual; 2 (g) Hiring policies for all staff; (h) Cooperate with County monitoring visits; and (I) Semi-annual performance reports to be presented to County. 10. PROFESSIONAL RESPONSIBILITY AND LICENSING. The Provider shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the Provider's program and staff. 11. INSURANCE. As a pre-requisite of the services supplied under this contract, the Provider shall obtain, at its own expense, insurance to cover its activities. 12. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be amended by an agreement amendment, which must be approved in writing by the Board. 13. NO ASSIGNMENT. The Provider shall not assign this agreement except in writing and with the prior written approval of the Board, which approval sha.1I be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the Provider. 14. NON-DISCRIMINATION. The Provider shall not discriminate against any person on the basis race, creed, color, national origin, sex or sexual orientation, age, physical handicap, or any other characteristic or aspect which is not job-related in its recruiting, hiring, promoting, terminating or any other area affecting employment under this agreement. At all times, the Provider shall comply with all applicable laws and regulations with regard to employing the most qualified person(s) for positions under this agreement. The Provider shall not discriminate against any person on the basis of race, creed, color, national origin, sex or sexual orientation, age, physical handicap, financial status or any characteristic or aspect in its providing of services. 15. AUTHORIZED SIGNATURES. The signatory for the Provider below, certifies and warrants that: (a) The Provider's name in this agreement is the full name as designated in its corporate charter, if a corporation, or the full name under which the Provider is authorized to do business in the State of Florida. (b) He or she is empowered to act and contract for the Provider; and ~ (c) This agreement has been approved by the Board of Directors of the Provider if the Provider is a corporation. 16. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand-delivered or mailed, postage pre-paid, by certified mail, return receipt requested, to the other party as follows: For Board: Monroe County Attorney PO Box 1026 Key West, Florida 33041 For Provider: Dr. David Rice, Executive Director Guidance Clinic of the Middle Keys, Inc. 3000 41st Street Marathon, Florida 33050 3 17. CONSENT TO JURISDICTION. This agreement shall be construed by and governed under the laws of the State of Florida and venue for any action arising under this agreement shall be in Monroe County, Florida. 18. NON-WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the Provider shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 19. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified. herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the Provider. The Board shall not be obligated to pay for any services or goods provided by the Provider after the Provider has received written notice of termination, unless otherwise required by law. 20. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. 21. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the Provider and the Board. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATIEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. (Federal ID No. ) By Director By President Jdconguidancemk ANN;' A. )lUTTON /)ATf 'If(/I(J!!J / 4 ATTACHMENT A Exoense Reimbursement Reouirements This document is intended to provide "basic" gUidelines to Human Service Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from FS 112.061, which is attached for reference. A cover letter summarizing the major line items on the reimbursable expense request should also contain a certified statement such as: I certify that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners. Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expenses 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 305/292-3528. Pavroll A certified statement verifying the accuracy and authenticity of the payroll expenses. If a Payroll Journal is provided, it should include: Payroll Journal dates, employee name, salary, or hourly rate, hours worked during the payroll journal dates, with holdings where appropriate, check number and check amount If a Payroll Journal is not provided, the following must be listed: Check number, date, payee, check amount, support for applicable payroll taxes Original vendor invoices must be submitted for Worker's Compensation and Liability insurance coverage. Telephone Expenses A user log of pertinent information must be remitted; the party called, the caller, the telephone number, the date, and the purpose of the call must be identified. Telefax. fax. etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number . called, and the reason for sending the fax. Supplies. services. etc. For supplies or services ordered, the County requires the original vendor invoice. Rents. leases. etc. A copy of the rental agreement or lease is required. Deposits and advance payments will not be allowable expenses. Postaoe. overnioht deliveries. courier. etc. A log of all postage expenses as it relates to the County contract is required for reimbursement. For overnight or express deliveries, the original vendor invoice must be included. Reoroductions. cooies. etc. A log of copy expenses as it relates 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 original vendor invoice is required and a sample of the finished product. Travel Exoenses: Please refer to Florida Statute 112.061. Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Credit card statements are not acceptable documentation for reimbursement. 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 original vendor invoice. Fuel purchases should be documented with original paid receipts. Original taxi receipts should be provided. However, reasonable fares will be reimbursed without 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. Original toll receipts should be provided. However, reasonable tolls will be reimbursed without receipts. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. Lodging reimbursement requires a detailed listing of charges. The original lodging invoice must be submitted. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls (see previous guidelines) are not allowable expenses. Per diem lodging expenses may apply. Again, refer to Florida Statute 112.061. Meal reimbursement is breakfast at $3.00, lunch at $6.00, and dinner at $12.00. Meal guidelines are that travel must begin prior to 6:00 a.m. for breakfast reimbursement, before noon and end after 2:00 p.m. for lunch reimbursement, and before 6:00 p.m. and after 8:00 p.m. for dinner reimbursement. Mileage reimbursement is calculated at 29 cents per mile for personal auto mileage while on county business. An odometer. reading must be included on the state travel voucher for vicinity travel. A mileage map is available for reference to allowable miles from various Florida destinations. Mileage is not allowed from a residence or office to a point of departure: for example, driving from one's home to the airport for a business trip is not a reimbursable expense. Data orocessina. PC time. etc. The original vendor invoice is required for reimbursement. Intercompany allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department (see Payroll above) are attached and certified. The followina are not allowable for reimbursement: Penalties and fines Non-sufficient check charges Fundraising Contributions Capital outlay expenditures (unless specifically included in the contract) Depreciation expenses (unless specifically included in the contract) ATTACHMENT B HUMAN SERVICE ORGANIZATION LElTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street key.West, Florida 33040 (Date) The following is a summary of the expenses for (Human Service Orcanization name) for the time period of to Check # Pavee Reason Amount 101 A Company Rent $xxxx.xx 102 B Company Utilities $xxxx.xx 103 0 Company Phone $xxxx.xx 104 Person A Payroll $xxxx.xx 105 Person B Payroll $xxxx.xx (A) Total $xxxx.xx ------- ------- (6) Total prior payments $xxxx.xx (C) Total requested and paid (A + B) $xxxx.xx (D) Total contract amount $xxxx.xx Balance of contract (0 - C) $xxxx.xx ------- ------- I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) i STATE OF FLORIDA COUNTY OF MONROE SWORN TO AND SUBSCRIBED before me this _ day of ' 200_ by (Event Contact Person) who is personally known to me presented as identification: Notary Public, State of Florida at Large My Commission Expires: Jdconhsoex !~l vi" vrt t/f\1- c (j<<idaIta ~ Df tAe 1Jt<<Ldle ~~. 11fe. ~SN~NClALlblEGR~~lffiN~..~ ~!I 18. Is your agency receiving any in-kind services, i.e., free rent, utilities, maintenance, etc., from the County or any other organization? If so, what is the fair market value? GCMK receives no in-kind services. 19. What is the percentage of total agency revenue that goes to the following: Fundraising Expenses: 0 percent Administrative Expenses: 13.7 percent 20. Complete Attachment 8 - Agency Salary Detail Form, see attachment. .~D~I[$aESPECIEIGieRaG~M~Fa~WFtICf.f.E33NC1NffilS:REQ1JE~t:D~~~~~,. . 21. Please give a one paragraph description of the agency program for which you are requesting funding. See page 5, #2. 22. What need or problem in this community does this program address? Include your target population. The District 11B Needs Assessment and Strategic Plan, 1997-1998 developed and distributed by the Florida Department of Children and Families the following target group priorities: . children and late adolescents with or at risk of substance abuse problems . children with an emotional handicap, serious emotional disturbance, or mental illness . children who have been abused or neglected by their families . adults with disabilities who need long-term care to remain in the community . adults and families who need assistance to become economically self-sufficient . victims-of domestic violence . adults with substance abuse problems . families with children in child care . families with children at risk of abuse and neglect . indigent persons who are unable to work due to age, disability, or incapadty . child victims of abuse or neglect who have become eligible for adoption . adults with mental illness . adults with disabilities and frail elderly at risk or victims of abuse, neglect, or exploitation . persons with developmental disabilities. GCMK provides some services to most of the target groups that were prioritized in this needs assessment and most services to some of the target groups. priorities in this assessment and strategic plan were based on services not being provided in Monroe 9 Monroe County Application FY 00101 tptiaa.a ~ aj. ~ 11liddle ~~. 111e. 2. Explain spedfically how your agency plans to use the money you are requesting; i.e., rent, salaries, expansion of services or service area or general agency operations? GCMK will use County funds in six program areas: program Area # Service Units $ Requested Substance Abuse Detoxification Services. $111,494 Mental Health Services, induding assessment, outpatient services, and outpatient medical services. 57,336 Baker Act Inpatient Services: GCMK's crisis stabilization unit (CSU) is a Baker Act receiving facility and provides crisis stabilization and treatment services to adults ($18 years) who are in sufficient 319,419 emotional distress as to require acute care and continuous monitoring to assure their safety and the safety of others. Baker Act Transportation for persons throughout the County who required crisis stabilization at the GCMK's CSU or another CSU. 40,997 The amount shown represents the allocation for the program already in place. This service is required by law. Baker Act Transportation -Lower Keys. The amount shown represents costs for expanding the services to having a vehide and drivers in Key West to facilitate transfer of persons from the Monroe 69,971 County Jail and The Lower Keys Health Systems Hospitals to GCMK and Miami, if necessary. These monies could come from Gas Tax revenues rather than from the General Revenues. Keys to Recovery-Oepartment of Corrections Resident program. This is a very successfuJ but costly program. This amount is 82. 178 requested from the County Fines and Forfeitures Fund. Community Transportation Disadvantaged Coordination. This request is for General Revenues. 15,600 . . TOTAL $696,995 3. If your funding request is greater than last year, explain in detail, what the increase is expeded to buy. . Increases for Substance Abuse Detoxification Services, Mental Health Services, Baker Ad Transportation (current program), Keys to Recovery and CTC Transportation are requested to cover cost increases over the past several years. The last increase granted by the county for existing programs was in 1993. In fad, allocations were decreased in FY 98-99. In the wake of increasing costs and without an increase in funding, GCMK will likely be forced to curtail and/or discontinue services. Baker Ad Transportation (expanded program)-There is a crisis in the lower Keys because of the loss of Baker Ad Transportation services two years ago. As it stands now, the jail is serviing as the primary Baker Ad Facility. GCMK has the inpatient services so desperately needed; 5 Monroe County Application FY 00/01