Item C28
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 14. 2004
Bulk Item: Yes ~ No D
Division: Manaqement Services
Department: Administrative Services
AGENDA ITEM WORDING: Approval of amendment to contract with Care Center for
Mental Health. increasinq the amount by $45.967.50.
ITEM BACKGROUND: The Guidance Clinic of the Upper Keys ceased operations on
March 12. 2004. The Care Center for Mental Health has expanded its service area to
include the area previously served by the Guidance Clinic of the Upper Keys.
PREVIOUS RELEVANT BOCC ACTION: approval of contract at October 2003 meetinq.
CONTRACT/AGREEMENT CHANGES: amount
STAFF RECOMMENDATION: Approval.
TOTAL COST: 239.002.50
COST TO COUNTY: 239.002.50
BUDGETED: Yes [gI No D
SOURCE OF FUNDS: ad valorem
taxes/qeneral fund
REVENUE PRODUCING: Yes D No [gI AMOUNT PER MONTH
;\'{;~O\ YEAR
APPROVED BY: COUNTY ATT~ OMB/PURCHASING D RISK MANAGEMENT D
DIVISION DIRECTOR APPROV .._-;:JL~-L-,l'" {; ___?-tL,,-kJ'L_
Sheila A. Barker
DOCUMENTATION: INCLUDED: D TO FOllOW: D NOT REQUIRED: D
DISPOSITION: AGENDA ITEM #: GZ--?
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Care Center for Mental Health Effective Date:03/15/04
Expiration Date:9/30/04
Contract Purpose/Description: Amendment to contract increasinq amount bv 45.967.50.
Contract Manager: David P. Owens
(Name)
4482
(Ext.)
OMS/Grants
(Department)
for BOCC meetinq on 07/14/04
Agenda Deadline: 06/29/04
CONTRACT COSTS
Total Dollar Value of Contract: $239.002.50 Current Year Portion: $239.002.50
Budgeted? Yes[gl No D Account Codes: 001-01503-530340-_-_
Grant: $0.00 _-_-_-_-_
County Match: $_ _-_-_-_-_
- - - -
-----
Estimated Ongoing Costs: $_/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Neede~~ //" B.evi~r
YesD No~ '<l-t'L<-J~~. G( -::-;;..{~.4..L-~'
YesD No~<-
YesD No~ -
YesD NOg/'
Date Out
'1-1--IY/
Division Director
Risk Management
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aCd;2l.K..c.',--, 7'}
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Comments: 5~cillj 6(' "dc-cl ..It/- ~tr;.<( lYi,c?,).5-c :; c.~>-'r'I':.r~el t:'~(
i;1~:C1I',...,J C,...hlf f/19~ 035 "to' i((lj,{/'c~''''.l h~L~ .k, - ,...j/;-f,"N/ Si.'( Jc
OMS Form Revised 9/11/95 MCP #2
O.M.S./Purchasing
r.: if
County Attorney
1/i,k ~'
07/01/04 TBlT 10:02 FAX 3052946730
Care Center
@002
Care anter
Fcrr Mmrczl HeaJrlI
1205 Foutth StINI Key West FltriIJ 33040 3tJS-29U843
FAX: S05-2!J2-6123 SUNCOU: 464-6843
March 12, 2004
Jim Roberts,
Monroe County Administrator
1100 Simonton
Key West, :Florida 33040
Dear Mr. Roberts:
For a variety of reasons the Guidance Clinic of the Opper Keys has dissolved its
business effective March 12, 2004. Subsequently the Department of Children &
Families has transfi~d its contract to provide mental health and substance abuse
treatment to the Care Center for Mental Health to continue to provide services in
the Upper Keys.
The Board of Directors of the Guidance Clinic of the Upper Keys has appointed
me as the interim administrator for the purpose of closing the business in
accordance with Florida Statute 617.1405. I will continue to serve as the
President & Chief Executive Officer of the Care Center and oversee services in
both the Upper Keys and Key West.
I am therefore requesting that Monroe County transfer the balance of its contract
with the Guidance Clinic of the Upper Keys to the Care Center for Mental Health.
Until this is finalized, payments for services can continue to be made to the
Guidance Clinic, as it is most important to continue services to individuals in the
Upper Keys.
. Thank you for your cooperation in this matter.
Sincerely, .. '/-'A
~ ~L; eJ.jJ
Marshall Wolfe, Ed.D.
President and Chief Executive Officer
cc: John Richard Collins, esq.
~lciiiiDREN
121 &. FAMIliES
CONTRACT AMENDMENT
This amendment to agreement is made and entered into this day of
, 2004, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, hereinafter referred to as "COUNTY" and The Care Center for Mental Health, Inc., hereinafter
referred to as "AGENCY."
WHEREAS, COUNTY and AGENCY entered into an agreement on October 15, 2003 for the
purpose of providing mental health care services in the lower keys, and,
WHEREAS, COUNTY and the Guidance Clinic of the Upper Keys entered into an agreement on
October 15, 2003 for the purpose of providing mental health care services in the upper keys, and, and
WHEREAS, the Guidance Clinic of the Upper Keys ceased operations on March 12, 2004, and
WHEREAS, the AGENCY has expanded its area served to include the upper keys to serve the
area previously served by the Guidance Clinic of the Upper Keys, and
WHEREAS, COUNTY wishes to amend the agreement with the AGENCY dated October 15, 2003
to increase the amount by the amount of funds unspent by the Guidance Clinic of the Upper Keys,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as
follows:
1. Article One of the agreement entered into on October 15, 2003 shall be amended to read:
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 as to rendering counsel to the citizens of the Lower Keys, Monroe
County, Florida, in matters of mental health and guidance, drug rehabilitation and
providing transportation to treatment facilities as required by 394.461, F.S. for
Monroe County patients, agrees to pay to the Provider the sum of TWO-HUNDRED
THIRTY-NINE THOUSAND, TWO, AND 50/100 DOLLARS ($239,002.50) for rendering
counseling services.
2. This effective date of this amendment to contract will be March 15, 2004.
3. All other provisions of the agreement dated October 15, 2003 not inconsistent herewith
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the
day and year first written above.
By
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
Mayor/Chairman
CARE CENTER FOR MENTAL HEALTH, INC.
Federal ID No.
Witness
By
Witness
Executive Director
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AGREEMENT
This Agreement is made and entered into this day of , 2003,
between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter
referred to as "Board" or "County," and CARE CENTER FOR MENTAL HEALTH OF THE LOWER
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 Lower 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 Lower Keys, and
WHEREAS, it is proper and fitting to enter into an agreement for services to be rendered in
the forthcoming fiscal year 2004, 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 as to rendering counsel to the citizens of the Lower Keys, Monroe County, Florida, in
matters of mental health and guidance, drug rehabilitation and providing transportation to
treatment facilities as required by 394.461, F.5. for Monroe County patients, agrees to pay to the
Provider the sum of ONE-HUNDRED NINETY-THREE-THOUSAND, THIRTY-FIVE, AND NO/100
DOLLARS ($193,035.00) for rendering counseling services.
2. TERM. This Agreement shall commence on October 1, 2003, and terminate
September 30, 2004, unless earlier terminated pursuant to other provisions herein.
3. PAYMENT. Payment will be paid monthly as hereinafter set forth. Certified
monthly financial and service load reports will be made available to the Board to validate the
delivery of services under this contract. The monthly financial report is due in the office of the
Clerk of the Board no later than the 15th day of the following month. After the Clerk of the Board
pre-audits the certified report, the Board shall reimburse the Provider for its monthly expenses.
However, the total of said monthly payments in the aggregate sum shall not exceed the total
amount shown in Article 1, above, for counseling. To preserve client confidentiality required by
law, copies of individual client bills and records shall not be available to the Board for
reimbursement purposes but shall be made available only under controlled conditions to qualified
auditors for audit purposes. The organization's final invoice must be received within sixty days
after the termination date of this contract shown in Article 2 above.
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
Lower Keys, Monroe County, Florida, and transporting patients in Monroe County to treatment
facilities in accordance with Florida Statute 394.459. 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.
s. RECORDS. The Provider shall ma intain . 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.
COUNTY:
COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the
(a) evidence of the organization's SOl(c)(3) status;
(b) a list of the organization's Board of Directors of which there must be five or more;
(c) evidence of annual election of Officers and Directors;
(d) an annual audited financial. report;
(e) a copy the organization's Corporate Bylaws, which must address the organization's
mission, board and membership composition, election of officers, and so on;
(f) a copy of the organization's Corporate Policies and Procedures Manual which must include
hiring policies for all staff, drug and alcohol free workplace provisions, equal employment
opportunity provisions, and so on;
(g) cooperation with County monitoring visits;
(h) semi-annual performance reports. These reports should include performance
measurements which will demonstrate the level of accomplishment of goals for which funding
has been provided.
(i) other reasonable reports and information related to compliance with applicable laws,
contract provisions and the scope of services that the County may from time to time request.
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, general liability and professional liability insurance to
cover all of 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 Boa rd, 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 a nd 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:
David P. Owens, Grants Administrator
Gato Building
1100 Simonton Street
Key West, FL 33040
and
Monroe County Attorney
PO Box 1026
Key West, FL 33041
For Provider:
Marshall Wolfe, Executive Director
Care Center for Mental Health of Lower Keys, Inc.
1205 Fourth Street
Key West, FL 33040
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)
ATTEST: DANNYL. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Mayor/Chairman
Deputy Clerk
(Federal ID No.
)
CARE CENTER FOR MENTAL HEALTH
OF THE LOWER KEYS, INC.
By
Director
By
President
ATTACHMENT A
EXPENSE REIMBURSEMENT REQUIREMENTS
This document is intended to provide basic guidelines to Human Service Organizations, county
travelers, and contractual parties who have reimbursable expenses associated with Monroe
County business. These guidelines, as they relate to travel, are from Florida Statute 112.061.
A cover letter summarizing the major line items on the reimbursable expense request needs to
also contain a notarized certified statement such as:
"I certify that the attached expenses are accurate and in agreement with the records of
this organization. Furthermore, these expenses are in compliance with this organization's
contract with the Monroe County Board of County Commissioners."
Invoices should be billed to the contracting agency. Third party payments will not be considered
for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the contract.
This document should not be considered all-inclusive. The Clerk's Finance Department reserves
the right to review reimbursement requests on an individual basis. Any questions regarding these
guidelines should be directed to 305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter-company allocations are not considered
reimbursable expenditures unless appropriate payroll journals for the charging department are
attached and certified.
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 payroll taxes, check number and check amount.
If a Payroll Journal is not provided, the following information must be provided: check amount,
check number, date, payee, support for applicable payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for reimbursement.
For overnight or express deliveries, the vendor invoice must be included.
Rents, Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance payments are not
allowable expenses.
Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for reimbursement. The
log must define the date, number of copies made, source document, purpose, and recipient. A
reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a
sample of the finished product are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the date, the
number called, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the caller, the
telephone number, the date, and the purpose of the call.
Travel Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel
Expenses. Travel must be submitted in accordance with Florida Statute 112.061. Credit card
statements are not acceptable documentation for reimbursement. If attending a conference or
meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger
receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail.
Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented
with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example,
taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is
considered a reimbursable travel expense at the destination. Airport parking during a business
trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room
must be registered and paid for by traveler. The County will only reimburse the actual room and
related bed tax. Room service, movies, and personal telephone calls are not allowable expenses.
Meal reimbursement is: breakfast at $3.00, lunch at $6.00, and dinner at $12.00. Meal
guidelines state that travel must begin prior to 6 a. m. for breakfast reimbursement, before noon
and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner
reimbursement.
Mileage reimbursement 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. Mileage is not allowed from a residence or office to a point of departure. For example,
driving form one's home to the airport for a business trip is not a reimbursable expense.
Non-allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay expenditures (unless
specifically included in the contract), contributions, depreciation expenses (unless specifically
included in the contract), entertainment expenses, Fundraising, non-sufficient check charges,
penalties and fines.
ATTACHMENT B
ORGANIZATION
LETTERH EAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for ( Organization name) for the time period
of to
Check # Payee Reason Amount
101 Company A Rent $ X,XXX.XX
102 Company B Utilities XXX.XX
104 Employee A P/R ending 05/14/01 XXX .XX
105 Employee B P/R ending OS/28/01 XXX.XX
(A) Total $ X.XXX.XX
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX
(D) Total contract amount $ X,XXX.XX
Balance of contract (D-C) $ 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 organizations_ contract with
the Monroe County Board of County Commissioners and will not be submitted for
reimbursement to any other funding source.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this _ day of 2003
by who is personally known to me.
Notary Public
Notary Stamp
ATTACHMENT C
County funds will be used as match, pursuant to Florida Statute 394, for alcohol, drug
abuse, and mental health outpatient services, including assessment, crisis intervention,
medical services, case management, and outpatient counseling in the Lower Keys Area.
Services are offered at 1205 4th Street in Key West, and counselors are at Key West High
School, Horace Q'Bryant Middle School, Sugarloaf Middle School, Gerald Adams
Elementary School, the Monroe County Detention Center, and the Douglass Community
Center.
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNlY, FLORIDA
ETHICS CLAUSE
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. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
(signature)
Date:
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this
day of
,20_"
NOTARY PUBLIC
My commission expires:
OMB - MCP FORM #4
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from
the date of being placed on the convicted vendor list. II