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FY2021 05/27/2021 ATTACHMENT D.6 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 Contract with: Guidance/Care Center Contract# Effective Date: 10/01/2020 Expiration Date: 9/30/2021 Contract Purpose/Description: Provide behavior health services including substance abuse treatment services to women offenders who are held in local correctional facilities, who have a least six months and not more than twelve months of their sentence left to serve in the Monroe County Dentention Center. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Janet Gunderson 292-4476 OMB/Stop#1 (Name) (Ext.) (Department/Stop #) CONTRACT COSTS Total Dollar Value of Contract: $ Current Year Portion: $ (must be less than$50,000) (If multiyear agreement then requires BOCC approval,unless the natal a unndalkc aintmia is I, s fli an $35,713 $50,000.00). $35,713- Budgeted? Yes❑ No ❑■ Account Codes: 001 _ 06000 _530340 Grant: $ $35,713 - - - - County Match: $ No - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ NA /yr For: Women's Jail In-house Program(WJIP) (Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Department Head 8/3/2021 yes❑ No[g Tina Boan DattIeaI20211..0803Y10109 B15a04'00' 8/3/2021 Risk Management 7-22-2021 Yes❑ No - - OL I Digitally signed by Julie Cuneo Julie Cuneo ate2021.07.2310:11:55 7/23/2021O.M.B./Purchasing7/23/21 Yes❑ No® County Attorney 7/19/2021 Yes❑■ No❑■ Christine Limbert-Barrows 7/1 9/2021 Comments: No Insurance Required. Page 71 of 74 AGREEMENT This Agreement |s made and entered into this 27* day ofMay 2021, between the BOARD OF COUNTY COMMISSIONERS OF MONKOEC0UNTY, FLORIDA, hereinafter referred to as "Board" or "County," and GUidance/Care Center, Inc., a Florida 501{c}(3) not-for-profit corporation, � hereinafter referred toos °AGENCY° mr"PROVIDEQ°. � VVITNESSETH | WHEREAS, the PROVIDER is a not-for-profit corporation established for the provision of behavioral health services throughout the Florida Keys, and WHEREAS, itima legitimate public purpose tm provide behavioral health set-vices including substance abuse treatment services bo women offenders who are held in local correctional facilities, who have at least six months and not more than twelve months of the their sentence |eHL to serve in the Monroe County Detention Center, now, therefore, IN CONSIDERATION of the rouU/o| promises and covenants cnmtained herein, it is agreed as ' follows: ,| FUNDING `| | ' 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially � and satisfactorily performing and providing services boincarcerated women in the Monroe County jail, shall reimburse the Provider for a portion of the Provider's expenditures for the VVoonem's ]oi| In-House Program (including substance abuse and rnemLo| health services, such as paychosqcia| assessment, individual counseling, group therapy and case management, to those incarcerated wwrnem that qualify for the program), as billed by the Provider. This cost ShgN 'not exceed m total reimbursement of THIRTY-FIVE THOUSAND SEVEN HUNDRED EIGHTEEN AND WO/100 DOLLARS ($35,718.00) during the fiscal year 2021. � 2. TERM. This Agreement shall commence on October 1, 2028, and terminate September � 38, 2021, unless earlier terminated pursuant to other provisions herein. � 3. PAYMENT. 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, the Clerk's ffu d The only re�rnburse rules and regulations as may govern � er � n �. " subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of letter, summarizing the expenses, with supporting documentation attached. (The Clerk's Finance Officemay accept Reimbursement Requests electronically, but only when submitted and formatted in a PDF §|c with cover letter and attachments together in one (1) file.) The PROVIDER agrees to submit hard copies of Reimbursement Request and supporting documentation upon request. The letter should contain a notarized certification statennent. An example of a reimbursement request cover letter is included as Attachment B. The orgam|zation'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 hsmm of this agreement. Contract GYCC, mopFrr/Page) / 4. AVAILABILITY8F FUNDS. If funds cannot be obtained or cannot be continued at level sufficient to allow for continued neinmbursemnent 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 set-vices oi-goods provided by the PROVIDER after the PROVIDER has received written notice of termination, � unless otherwise required by law. � 5. PURCHASE OF PROPERTY. All property, whether real orpersonal, purchased with � funds provided under this agreement, shall become the property Vf Monroe County and shall be � accounted for pursuant to statutory requirements. Funding under this agreement shall not be used Lo purchase capital assets. ' ` RECORDKEEPXNG 6. AUDIT AND RIGHT TO 8LND%T The AGENCY shall submit to the COUNTY an audit report covering the term of this Agreement, within one-hundred twenty (120) days following thr Agreement's lapse or early termination and shall also comply with all provisions ofthe Agreement incorporated in Section 4 of this Agreement. In addition, the audit shall be prepared by an � independent certified public accountant (CPA) with a current license, in good standing with the � , Florida State Board ufAccountancy, � ! Right to Audit. Availability ofRecords. The records of the patties to this Agreement relating to the Project, which shall include but not belimited to accounting records (hard copy, as well as � computer readable data ifitcan be made available; general ledger entries detailing cash and if trade discounts earned, insurance rebates and dividends; any other supporting evidence applicable , / deemed necessary by County or the Monroe County Office of the Clerk ofCourt and Comptroller (hereinafter referred to as "County [|erk") to substantiate charges related to this agreement, and all other agreements, sources o[information and matters that may inComDty\aor the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under orcovered by any contract document (all foregoing hereinafter referred to as "Records") � shall be open to inspection and subject to audit and/or reproduction bvCouoty'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, miscellaneous allocations, special charges, verifying information and amounts through interviews ! and written confirmations with employees, Subcontractors, oupp|iers, 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 bo audit provisions survives the termination of expiration of this Agreement. In addition, if PROVIDER is required to provide an audit am set forth in in Section 8(o) below, the audit shall be prepared by an independent certified public accountant (CPA) with acurnent license, in good standing with the Florida State Board of Accountancy, 7, ACCESS TO FINANCIAL RECORDS AND PUBLIC RECORDS. - PROVIDERmmst comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" 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 contract and related tq contract performance. The County shall have the right to unilaterally cancel -� this contract upon violation of this provision by the PROVIDER. Failure of the PROVIDER to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney~s fees and costs associated wUththat proceeding. This provision shall survive any termination or expiration of the contract. The PROVIDER is encouraged to consult with its advisors about Florida Public Records Lam/ in order to comply with this provision. Pursuant to F.S. 119.0781 and the terms and conditions of this contract, the PROVIDER is required to: (1) Keep and maintain public records that vvuu|d be required by the County to M perform the service. /2) Upon receipt from the County'scustmd|mm of records, provide the County with a � `opyof the requested records or allow the records to be inspected or copied within a ' reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except asauthorized by law for the duration of the contract term and following completion of the contract if the PROVIDER does not transfer the records tn the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the PROVIDER or keep and maintain public renznjo that would be required by the County to perform the service, If the PROVIDER transfers all public records to the County upon completion of the contract, the PROVIDER shall � destroy any duplicate public records that are exempt or confidential and exempt from '| public records disclosure roquirernents. If the PROVIDER keeps and maintains public ! records upon completion of the contract, the PROVIDER shall meet all applicable ! requirements for retaining public rrcords. All records stored electronically nnwsC be provided bo the County, upon request from the [munLy's custodian ofrecords, in � format that is compatible with the information technology systems cfthe County. (S'� A request to inspect or copy public records relating to County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the PROVIDER of the request, and the PROVIDER must provide the records to the County or o||0VV the records to be inspected or copied within a reasonable time. If the PROVIDER does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding LhcCounty's option and right to unilaterally cancel this contract upon violation of this provision by the PROVIDER. An PROVIDER who fails to provide the public records to the County or pursuant to a valid public ` records request within a reasonable time may be subject tm penalties underoection119.1O, Florida Statutes, | The PROVIDER shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless orotherwise provided in this provision or as otherwise provided by law. IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATI43N OF CHAPTER 119 F RIDA�AE THE_RIDER DUTY TO PROVIDE PUBLIC RECQRDS 33040. 8. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County the following (items (a)-(j) must be provided prior tothe payment of any invoices): ' (a) IRS Letter ofDetermination and GQIDESTAR printout indicating curnent5Q1(c)(3) Status; -1 (�) 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 617.01281, or proof of exemption from registration as per Florida Stetuie496.4O6. (c) List ofthe Orgom|zetion's Board of Directors ofwhich there must be at least and for each board member please indicate when elected to serve and the length of term of service; {onovu,GICC, AVJx,F[r/Page 13 (d) Evidence of annual *4ecL|mn of officers and Directors/Directors At-Large or hi-annual election of Officers and Directors/Directors At-Large as applicable; (e) Unqualified audited financial statements frorn the most recent fiscal year for all organizations that expend $150,000 a year or mmore| if qualified, include a statement u[ deficiencies with corrective actions recommended/taken; audit shall be prepared by an independent certified � public accountant (CPA) with m current license, in good standing with the Florida State Board of Accountancy. Ifthe PROVIDER receives ¢100,000 or more in grant funding from the � County: ' a. The [PA that prepares the audit must also he a rnernbmr of the � American Institute ofCertified 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" ofsaid audit. (f) Copy of e filed IRS Form 098 from most recent fiscal year with all attached schedules; (g) Drgamizallon!s Corporate Bylaws, which must include the organization'smnissiun, board and membership composition, and process for election of officers; (b) 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 cmmtnscL with this grant (see � ' AtbachnmentC)' ( ' ( U) 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 G); (k) Cooperation with County monitoring visits that the County may request during the contract year; and /|) 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 OF SERVICES. The PROVIDER, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and provide the services outlined in Attachment to residents ofMonroe County, Florida. 10. ATTORNEY'G F2i�S 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 attornoy'sfees, court costs, investigative, and omt'of-pocketoxpemses, as an award against the non-prevailing party, and shall include attnrney'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 ufMonroe County, 11. BINDING EFFECT. The terms, covenants, conditions, and provisions uf 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. 13. NO SOLICITATIn YPAYM ENT. The County and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, oLher than o bona fide employee working solely for it, to solicit or secure this Agreernent and that it has noL paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working sw|ek/ 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. 1.4. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the � PROVIDER isan independent contractor and not am employee nf 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 toba employees of the Board. COMPLIANCE ISSUES 15, COMPLIANCE WITH L/\VU. In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes/ ordinances, rules and regulations pertaining toorregulating ' 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 muL|oe of termination to the PROVIDER. _ 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 |mos|, state and/or federal certification and/or |ioonoure of the PROVIDER'S program and staff. 17. NON-DISCRI*4I NATION. The COUNTY and PROVIDER agree that there will be no � discrimination against any person, and iLiyexpressly understood that upon a determination by 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 |nte| ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1\ i Title VIT 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 /J0 U�C �� 1581-1683, and 1685-1688), which prohibits discrimination oil' f h RehabilitationA�� f 1973 amended /2U U�C � 7�4) the basis of sex; 3) �ecLi�m 5U4 o the o , uo ` ' which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975. as amended (42 QSC §§ 6101'6107), which prohibits discrimination on the basis ofage; 5) The Drug Abuse Office and Treatment Act of 1972 (PL92-Z5S), 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 (PL91-61O), 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 �� �OUd�-3 and �90ee-3), as amended, relating to confidentiality of alcohol and drug ` � � Civil Rights Act f �968 /4� U�C �� �6Q1 et as abuse patient records; 8) T|UeVUl o the v g � n ` . ' � amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 0SC §G12101), as amended from time to time, relating to ! nondiscrimination in employment nn the basis mfdisability; 10) Monroe County Code Chapter 14^ Article [l, which prohibits discrimination on the basis of race, color, sex, religion, national origin, -\ ancestry, sexual orientation, gender identity or expression, familia I 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. __ __ AMENDMENTS, CHANGES, AND DISPUTES 18. M(}C,IFXCATIONS 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. ADJ0C)ICATIONor DISPUTES OR DISAGREEMENTS. County and PROVIDER agree � that all disputes and disagreements shall baattempted tube 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, 161h3udidaA Circuit, Monroe County, Florida. 20. COOPERATION. In the event any administrative or legal proceeding is instituted againsteitherpadyrelatingtothefornoaUou, execution, perfmrrnance/ orbreachofthivAgreernomt, 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 mrprovision of the services under this Agreement. County and PROVIDER specifically agree that no party to this Agreement shall be required tn enter into any arbitration proceedings ! related to this Agreement. ASSURANCES 21. COVENANT OFNO INTEREST. County and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner ordegree 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 and with the prior written approval of the Board, which approval shall be subject to such conditions � and provisions as the Board may deem neceosarV. This agreement shall be incorporated by � reference into any assignment and any assignee shall conmp�|y 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 ofthe PROVIDER. | 23. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions ofSec. 768.28, Florida Statutes, the participation nf 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, am Ethics Statement, and a Drug- Free Workplace Statement. | 25. AUTHORITY. Each party represents, and warrants to the other that the execution, delivery and performance uf this Agreement have been duly authorized by all necessary County | and corporate action, as required by law.. INDEMNITY ISSUES 26. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees, to indemnify and hold harmless Monroe County Board of County Commissioners fromm ony and allclaclaimsa� � and � auses of action for medical malpractice, medical negligence, bodily injury (including � death), personal injury, and prmpediydannaga (including property owned by Monroe County) and any other losses, damages, and expenses (including attnrney's fees) which arise out Of, in �i 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 fnznn 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 nf the County. / 28. NO PERSONAL LIABILITY. Mo covenant mr agreement contained herein shall be deemed to be a covenant oragreement of any member, officer, agent or employee of Monroe /|! County in his or her individual capacity, and no mamnber, 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 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 |ovv 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 BYNON-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 that mf�c�r, orennp|oyeeof either shall agree � , , have the authority Lu inform, counsel, ur 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 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 mailed, postage pre-paid, by certified mail, return receipt requested, to the � other party an hu||ows; For Board: Grants Administrator and Monroe County Attorney 1180 Simonton Street PO Box 1026 � �� Key West, FL33040 Key West, RL33041 FoUIROMER Maureen DUn|eavy, MA, NCC, LMHC Regional Vice-President � Guidance/CaneCeuter 1205 Fourth Street � Key West, FL33U40 Copies ofall default notices, notices of breach, termination, legal claim, or indemnity copied to: VVestCanc Foundation, Inc. Attn: Executive Vice President 1711 Whitney Mesa Drive Henderson, Nevada 89014 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 tm contracts made and tobe performed entirely in the State. / In the event that any cause of action or administrative Proceeding is instituted for the � enforcement mrinterpretation 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 hu the institution of any other administrative orlegal proceeding. 34. 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 mrotherwise. 35. SE\/ERABIL%TY. If any term, covenant, condition or provision of this Agreement (or the application thereof tu any circumstance or person) shall bedeclared invalid ur unenforceable b) any extent by court of competent jurisdiction, the remaining terms' covenants, conditions and nov�uiaoo of shall not be affected thereby' and each remaining term, covenant, P ' ' —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 Agreennentto replace any stricken provis ion iom with a valid provision that comes as close as possible to the intent of the stricken provision, 36. CLAIMS FOR FEDERAL ORLSTATE AID�: PROVIDER and COUNTY agree that each nho|| 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 tn 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 respect tosuch subject matter between the PROVIDER and the Board. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the (Jay and year first written above. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FL.ORIDA By County Administrator MONROE COUNTY ATTORNEY CHRISTINE LIMBEPMBARROWS ASSISTANT COUNTY ATTORNEY DATE.._8/9/21 Guidance/Caro Center, Inc. a Florida 501(c)(3) not-for-profit corporation -1458324 t44 (Federal ID No, 59 witness Witne Frank C. Rabbito, chief Operations Officer Guidance/Care Center, Inc., a Florida 501(c)(3) not-for-profit corporation Conn-act:GICC )IIJIP FY21 Page 9 ATTACHMENT 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 reimnbucsaWm 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,8) summarizing the major line items on the reimbursable expense request needs ko also contain the following notarized certified statement: � "I certify that the above checks have been submitted both,o vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are |n compliance with this organiza0on'y contract with the Monroe County Board of County Commissioners and will not be smbrmiLted for reimbursement to any other fumdingsmunce." 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, mo previous balances, Reimbursement requests will be monitored in accordance with the level of detail in the contract. � This document should not be considered all-indusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual bos|s. Any questions regarding these guidelines should be directed to385-292'3534. 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 ' Payroll Journal is provided, it should include: dates, employee marna, salary or hourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If ! a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight mr express deliveries, the vendor invoice must beincluded. Rents, Leases, etc. A copy ofthe rental or lease agreement is naqmired. Deposits and advance payments are not allowable expenses, | Reproductions, Copies, etc. A |og of copy expenses as they relate tothe County contract is required for reimbursement, The log must define the date, number mfcopies made, source document, purpose, and recipient, & reasonable fee for copy expenses will be allowable, For vendor services, the vendor invoice and a -1 sample oy 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 (late, 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 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 o business trip is not reimbursable expense. Meal reimbursement shall beat the rates established by ARTICLE XXVI, TRAVEL, PEP, DIEM, MEALS, AND MILEAGE POLICY nfthe Monroe County Code of Ordinances. Meal guidelines state that travel � must begin prior to 6 a.m. for breakfast reimbursement, before noun and end after 2 p.m. for lunch reimbursement, and before 6 pm. and end after p.m. for dinner reimbursement. � � mmn-aUUnvuab|e 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, | � {oo^o^t:6YcC, 8YJIPFrz /i�aq^1 // ATTACHMENT B ORGANIZATION LETFERHEAD Monroe County Board *f County Commissioners � Finance Department 50O Whitehead Street � Key West, FL33040 � Date ' The following iso summary nf the expenses for for the time period of___ bn ____ Ckeck # Payee Reason Amount 101 Company Rent $ X~XXXJ<X 102 Company Utilities XX%.XX 104 Employee P/R ending U5/14/01 XXX.XX 105 Employee P/R ending 0S/28/O1 XXX.XX `i (A) Total i)(10<A--XQ—X | (D) Total prior payments $ X,XXX.XX � ([) Total requested and paid (A + B) $ X,XmX% (D) Total contract amount $ X,XXX.XX Balance mf contract (D-C) i=X--,-Xl��-M I certify that the above checks have been submitted to the vendors os noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organizat|nn's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. � ChiefExecutiveOMicer Attachments (supporting documentation) TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) ( State of County of The foregoing instrument was acknowledged before me, by means ufO physical presence or El online notarization, this _day of (omomth), __________ (yeor), by (name nf officer mragent, title of officer oragent) of (name of entity). Personally Known Produced Identification: Type nfIDand Number on ID ! (SEAL) Signature of Notary Name of Notary (Typed, Stamped or Printed) Notary Public, State of (ovonm,GxCC, AlDrFxJ2 Page| o ATTACHMENT C Specific description and list of services to be provided Under this contract: Substance abuse treatment services to wornen offenders who are held in local correctional facilities, who have at least six months and not more than twelve montl-is of ti"ieIr sentence left to serve in the Monroe County Detention Center it .................. ....... Con Ira ct:GICC, JVJJP FY21 Page 13 � � ATTACHMENT D � PUBLIC � ������� ����U��� � " ~~~�°~�°° ENTITY= ° " ~°"��"'"~~ STATEMENT "~�-""~"� ° "A parson 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 bU||d|Dg 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 8xCeSS of the threshold amount provided in Section 287.017/ for CATEGORY TWO for a period of 36 months from the date of being placed OO the convicted vendor list." I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed On the C0OV|Cted vendor list within the last 36 months. vn,� �) " A,-- Dote: ° TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of County of The foregoing instrument was acknowledged before me, by means "fXphysica| presence or online this _~1 day (month), M7-1 (year), by Lea (name of officer nragent, title of officer oragent) of (nanneofendty). Perso' nally Known Produced Identification: Type of ID and Number on ID ---- (SEAL) �ign`a-tl-"f Notary Maryanne L Johnson Name of 44tary (Typed, Stamped or Printed) or Notary Public, State of ATTACHMENT E SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE [[jJJJ rr �£ - r (Company) ' "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." (Signature / Date: 1 4/ TO BE COMPETED BY NOTARY (in accordance with State notary requirements) State ofla County of The foregoing instrum nt was acknowledged before me, by means of physical presence or ❑ online notarization, this day of _ _ _ (month), i (year), by ( ame 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) SignatVreof Notary y or, tdot0ry Public Slats of Florida I4 ; Maryanne L Johnson `- a� My commission GG 175345 rxir�gtl,1t512022 Name of Lary (Typed, Stamped or Printed) , Notary Public, State of Roo Al Contract: G/CC, WJIP FY21 Page 115 ATTACHMENT F DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: c 6LAj (Name of Business) t notifying employees that the unlawful manufacture, distribution, 1. Publish a statement of a controlled substance is prohibited in the workplace and dispensing, possession, or use taken against employees for violations of such Prohibition. specifying the actions that will be abuse in the workplace, the business' Policy Of 2. inform employees about the dangers of drug counseling, rehabilitation, and maintaining a drug-free workplace, any available drug and the penalties that may be imposed upon employees for employee assistance programs, drug abuse violations. contractual services that are 3. Give each employee engaged in providing the com oditi mes or con under bid a copy of the statement specified in subsection (1).4. in the statement specified in subsection (1), notify the employees that, as a condition of services that are under bid, the employee will working on the commodities or contractual or statement and will notify the employer of any conviction of, abide by the terms of the iolation of Chapter 893 (Florida Statutes) or of plea of guilty or nolo contenders to, any via SrasucfcQnviction , for a violation occurring in any controlled substance law of the Unitedthe workplace no later than five (5) days afte drug abuse assistance or 5. Impose a sanction on or require the satisfactory participation in a or any employee rehabilitation program if such is available in the employee's community, who is so convicted. to continue to maintain a drug-free workplace through 6. Make a good faith effort implementation of this section. I certify tha this firm complies fully with the As the person authorized to sign the statement, above requirements. (Signature) Date, - TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of County of presence or 0 online %nit was acknowledged before me, by means of X physical The foregoing iinstr g (month), (year), by notarization, ti is ay Of notarization, this (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) Si u e of Nota y e(Typed,_S2Pe ,on I Pubk StSW ol Filohda S2 vhe, y re L Name of Otar otary (Typed, S amped or Printed) Maryanne L JohnsOn Name of 0 My c o mrin ission GG J 7 534,345 5 Notary Public, State of—F r,nnjj^nrq: ClIcC, WJIP FY21 Page 116 ATTACHMENT FY2021 Annual Performance Report For year October 1, 2020 -September 30, 2021 (Report Deadline: October 31, 2021) _._..._ - — ------------ ._ — Aq I l _ E Point of Contact POC ..... i-PhonlFinai.. + - -- - ----------- 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.): guestions. 1. please list services and client information below for the program/activities funded by the Monroe County award. De scripton of TargetIrr �Persons in h+frer %nt l scri gran caftvice Po ultiora"r' t Po' rlticra ery n;FY202 l , btdphia llatd`dl li 'nf erve _ 2. What were the measurable outcomes(including numbers) accomplished in FY2021? please base these outcomes on the services you identified in Question#1.. 0. 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? 4. What area of Monroe County did you serve in FY2021? 5. wring FY2021, how many months did you provide program services to(Q.1)clients? 5. How many total FTFs in your organization? ?. How many FTs worked on the program(s) funded by the F'Y2021 Monroe County award? S. Volunteers: hours of program service were contributed by volunteers in FY2021. Contract:C;/CC FVJIP FY21 Page i l7 FINANCIAL REPORT Women's Jail Incarceration Program (Note: Report Only Grant Expendittires for the Grant Period) 9. Were all the Monroe County funds used in FY2021? a. If no, please explain: 10. Allocation of Award; Award Amount $ Program Expense Administrative Expense dud of Cate o (DAIar A�nt� Jpollar Amount Salaries $0 $0 Fringe $0 $0 FICA $0 $0 Ind pendent Contractors j_ $0 $0 Office Supplies,Telephone, Postage $0 $0 Utilities $0 $0 Insurance $0 $0 Rep air& Maintenance $0 $0 Travelffransportation $0 $0 Rent/Association Dues $0 $0 Client Service/Describe: $0 $0 Client Service/Describe: $0 $0 Client Service/Describe: $0 $0 Client Service/Describe: $0 $0 Other Experrse/Descrlbe: $0 $0 Other Expense/Describe: $0 $0 Other E $0 $0 Other�Exens�elDesc�flbe. $0 $0 11. Compensation Detail: Include all persons who receive compensation from the FY2021 Monroe County Funding (including Independent Contractors) Employee Name Type of Work Hrs.Worked Total Charges (FName, Last Initial_ Title Performed in Program on Program to Pro -ram $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $uo $0.00 $0.00 (Note:If you need more space, you may add additional lines or an addendum.) —--—------- ............... ...... ....... ....... Contract:GICC, JYXP FY21 Page 113 12. Did the FY2021 funding 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 Arnount 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 Monroe Co. funding provided 100%of the Required Match. For the following questions, please use the number as reported on your FY2021 IRS Form 990. If 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? 15. 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: b. In-kind Donations/Fundraising: 18. What percentage of your expenses are prograrn service expenses' versus,management and general expenseS2 in FY2021 as reported on your IRS Form 990? 19, Additional Comments, Questions and/or Suggestions: 'Program,ser�rice expenses are defined as expenses needed to run your programs, 2 Manaqement 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. ........... Contract:GICC, IMPFY21 Page 119