Item C15 i
} Xrr t"~ BOARD OF COUNTY COMMISSIONERS
__1' '�;l • — Mayor David Rice,District 4
Mayor Pro Tem Kim Wigington, District 1,�� :.
OUNTY o MON ROE �-� -��- • •. ��• _ Heather Carruthers, District 3
KEY WEST FLORIDA 33040 1 t' ' . y : .tic " SYlvia J. Murphy,District 5
(305)294-4641 ti :,, ^I'`i' — George Neugent, District 2
District 4 Office: 'ricr1,.
9400 Overseas Highway � ''k` 't -'t
Florida Keys Marathon Airport
Suite 210
Marathon, FL 33050
Ph: 305 289-6000 z,t00-
Fx: 305 289-4610 " y �'
Em: boccdis4@monroecounty-fl.gov ti . ? 3
-au? 0, fl
I
Interoffice Memorandum
Date: October 15, 2012
To: Danny Kolhage, Clerk of the Court'
From: Mayor David Rice,District 4 ': /1/4,7434,---
Re: Notice of Voting Conflict
Per Florida Statute 112.3143, I hereby disclose by written memorandum that I will
abstain from the vote on certain issues that are brought befoi e the Monroe County Board of
Commissioners with entities, which I am involved with.:
I will abstain from the vote on issues concerning the Guidance Care Center, Inc., a
private, not-for-profit entity, which receives some of itsioperational funding from the County, as I
am currently a member of the Board of Directors of the(Care Center.
At the October 15, 2012 BOCC meeting, I will abstain from the vote on item(s).
#C13—Approval of agreement with Guidance Care Center for ,
Baker Act transportation services and Transportation
Disadvantage grant program match. '
#C14—Approval of agreement with Guidance Care Center for
local match fisnding for Substance Abuse.arid Mental Health
services for the period from October 1, 2012 through September
30, 2012.
#C15—Approval of agreement with Guidance Care Center for
the Jail Incarceration Program for the period from October 1,
2012 through September 30, 2012.
, I
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17, 2012
Bulk Item: No x
Division: OMB
Department: Grants
Staff Contact /Phone 4: Lisa Tennyson x 4444
AGENDA ITEM WORDING: Approval of agreement with Guidance Care Center for the Jail
Incarceration Program for the period from October 1, 2012 through September 30, 2013.
ITEM BACKGROUND: Funding for GCC was discussed at BOCC meetings in March, April, May,
June, July and at September budget hearing. Funds were budgeted for the Jail Incarceration Program,
with a determination on an exact amount to grant the program to be based on the provision of a budget
for the program. A final JIP program budget from Guidance Care Center, as of September 28 1h 2012,
was provided and is attached. The JIP program is also funded in part with Monroe County FDLE
Byrne JAG grants. A complete program budget is attached. Summary of the budget is as follows:
Total JIP Program Direct Expenses
$202,226
FDLE Revenues to offset
JAG/Byrne Men's program
67,000
JAG/Byrne Women's program
—_16,500
Total FDLE Revenue
83,500
Balance paid by Monroe County
$118,726
PREVIOUS RELEVANT BOCC ACTION: Prior to this year, Monroe County has not specifically
funded the Jail Program with a separate contract. GCC has historically used a portion of its HSAB
and/or BOCC funding for this program. In July, BOCC approved applications to FDLE for JAG
funding for the men's and women's components of the Jail Program. Those applications are still
pending final award.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval
TOTAL COST: S 118, 726 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: NA
COST TO COUNTY: $118,726 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes — No X AMOUNT PER MONTH Year
(Y
APPROVED BY: County Atty PurcUsing _ Risk Management,
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Effective Date: 1[/01/12
Expiration Data: 9/30/1^3
Contract Purpose/Description: Provides services to persons in the Jail Incarceration Program
affected by substance abuse in Monroe County.
Contract Manager: Lisa Tennyson
(Name)
for BOCC meeting
4444�
(Ext.) (Department)
Agenda Deadline: IDLQ2 12
CONTRACT COSTS
Total Dollar Value of Contract: $1^18,726 Current Year Portion:
Budgeted?Yes�� No[l Account Codes: {�}1-O45902-53{l3�} '---^--~
Grant: $8.080 - - - -
County Match: $_ ��----------------------
- - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $____/yr For:____
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries,
CONTRACT REVIEW
Changes
Date Out
Date In
Needed
Reviewer
Division Director
Yes[-] NoFl
RiSkMaOa t � iJ�`~\m
yesFl No=—�
0.y�.B./PuysiOg
vpsFlNOF3
��Z_`z�
County Attorney
YesF|NO�O
Comments:
uivio ronnmevsea wlI/�)bM[P#2
� � • • i •'
GUIDANCE/CARE CENTER, INC.
Jail Programs
pY2O13
FTEs
Men'o
VVnmen's
Men's
VVomen's
Total
Program
Program
Base Pay
Total
Program
Program
Jail Staff
Program Director
48.750
32.500
16.250
65.000
0J50
0.500
0250
Clinical Supervision
16.800
11.200
5,600
56,000
0,300
0200
0,100
8amhaRnbinsnn
31.200
31.200
-
31.200
1,000
1�000
'
Position currently vacant
31.200
31.200
-
31.200
1.000
1�000
-
Isabel Lenderman
32.011
'
32.011
32.011
1.000
-
1�000
Clinical Evaluation
5.400
4.104
1.290
108.000
0.050
0,038
O�012
Fiscal Support (B0ing.Payroll, AP)
4,867
3,245
1,622
54,080
0.09
0.060
0.030
Data Entry and Reporting
1,500
1^000
500
50.000
_0.0X30
0,020
0�010
Total Wages
171.72e
11*.149
57.279
4190
2798
1392
Fringe Benefits @10%
17^173
11^445
5,728
Total Wages & Fringe Benefits
188.801
125.834
03.007
pmgramMainvenance/Supp|ies
Workbooks
2.310
1.540
770
Workbook cost =$22,O0each
Drug Tests
1^440
960
480
Drug tests @$3VO
subtotal
3.750
2.500
1.250
Other Direct Expenses
Office Supplies
1.440
SOO
480
Laptop Computers (3@$125O)
3.750
2.500
1.250
Computer Printer
SOO
200
100
Air cards for compvuars-montNycosts
1.1*5
770
585
Projector for DVDs
850
507
283
Screen for DVDo
180
120
00
Shredder
100
120
00
Office Chairs (4@$1DO)
040
427
213
Cell Phones & Usage fees
1,080
720
360
subtotal
9.575
0.384
3.131
Total Direct Expenses
202,226
FIDLE Revenues to offset
JAG
67,000
Byrne
16,500
Total FDLE Revenue
83,500
Balance paid by Monroe County
118,726
Expenses not paid by either FDLEmMonroe County
Fringe benefit costs not included above
18.830
12.589
0.301 Based onFederally approved rate nf21%
Indirect costs not included incalculations above
65,964�
43\961
22,003 Based onFederally approved rate of33Y6
svhk/ta|
84.854
50.550
28.304
TOTAL PROGRAM COSTS
287'080
181.328
95,752
Men'e
VVomon's
Total
Program
Program
Units provided
Assessment Hours
100.00
280�00
12000
Case MgmtHours
520�00
30000
100.00
Individual Therapy Hours
004.00
400.00
204.00
0PGroup Staff Hours
1,236.00
840.00
---396.00
2.820.00
1.880.00
94000
GUIDANCE/CARE CENTER, INC.
JAG Program Budget for Men inthe Monroe County Jail
Men
Program
Base Pay
FTEs
Jail Staff
Program Director
32.500
65.000.00
O�500
Clinical Supervision
11.200
56.000.00
0200
GaahaRobinoon
31.200
31.200�00
1.000
Position currently vacant
31.200
31.200.00
1.000
Clinical Evaluation
4.104
108.000�00
0.038
Fiscal Support (Bi||ing. Payroll, AP)
3.245
54.080.00
8�000
Data Entry and Reporting
1,000
50.000.00
0.020
Total Wages
114.449
2.818
Fringe Benefits @1O%
Total Wages & Fringe Benefits
PrognamKAa|nhsnanoe/Suppdieu
Workbooks
Drug Tests
subtotal
Other Direct Expenses
Office Supplies
Laptop Computers (3@ $1250)
Computer Printer
Air cards for oomputers--month|ycosts
Projector for OVUn
Screen for DVDu
Shredder
Office Chairs (4@ $160)
Cell Phones & Usage fees
oubbzta|
Total Direct Expenses
1,445 Note: Federal Approved rate =21Y6
125,894
1,540
960
2,500
960
2,500
200
770
567
120
120
427
720
Expenses not included in the budget
-' Fringe benefit costs not included above 12.589
Indirect costs not included incalculations above 43,981
subtotal 56.550
TOTAL PROGRAM COSTS
Total Annual BudqetedService Units
Assessment Hours
Case Mgmt Hours
Individual Therapy Hours
OPGroup Staff Hours
Total Direct Expenses
Unit Cost Rate =
~~�
JAG Budget Only
Assessment Hours
Case MQmtHnurs
Individual Therapy Hours
OPGroup Staff Hours
1,880.00
134,778
$ 71.69
Services
Rate
Revenue
139.19
$ 71£9 $
9,978.59
178.86
o 71-69
12,829J2
198.85
$ 71.69
14,256.64
417.57
� 71.�9
2B�%�U5
934.57
$
67,000.00
GUIDANCE/CARE CENTER, INC.
Byrne Program Budget for Women inthe Monroe County Jail
FY2O13
VVmmen'uProgram Staff
Program Director
Clinical Supervision
Isabel Lenderman
Clinical Evaluation
Fiscal Support (Billing, Payroll, AP)
Data Entry and Reporting
Total Wages
Fringe Benefits @1O%
Total Wages & Fringe Benefits
PmgramMaiotenence/Suppli*u
Workbooks
Drug Tests
Other Direct Expenses
Office Supplies
Laptop Computers (3@ $1250)
Computer Printer
Air cards for uomputers—month|ycosts
Projector for DVDo
Screen for DVDm
Shredder
Office Chairs (4@ $160)
Cell Phones & Usage fees
subtotal
Total Direct Expenses
Expenses not included inthe budget
Fringe benefit costs not included above
Indirect costs not included incalculations above
subtotal
TOTAL PROGRAM COSTS
Total Annual BudqetedService Units
Women's
Program
Base Pay
FTEa
16.260
65.000.00
0.250
5.800
56.000.00
0.100
32.011
32.011�20
1,000
1.286
108.000.00
O�012
1.622
54.080.00
0.030
50
50.000�00
0.010
57.278
0350
5,728 Note: Federal Approved rate =2196
63,007
770
480
1,250
3.181
6,301
22,003
28,304
Assessment Hours
12O�OO
Case MgnuHours
160.00
Individual Therapy Hours
264.00
DPGroup Staff Hours
3960
940.00
Total Direct Expenses
67.448
Unit Cost Rate =
$ 71.75
Byrne Budget Only
Services
Rate
Revenue
Assessment Hours
29.00
$ 71.76 $
2^080.84
Case MQmtHours
39.00
$ 71.76
2'798.37
Individual Therapy Hours
66.00
$ 71.75
4.663.96
C>PGroup Staff Hours
96.95
$ 71.76
6�66.82
$
16.500.00
AGREEMENT
This Agreement is made and entered into this 17th day of October, 2012, between the
BOARD DFCOUNTY COMMISSIONERS OFMONROECOUNTY, FLORIDA, hereinafter referred toas
"Board" or "County," and Guidance/Care Center, hereinafter referred to as "PROVIDER."
WHEREAS, the PROVIDER is a not -for -profit corporation established for the provision of
comprehensive services for individuals in the Jail Incarceration Program, and
WHEREAS, it is a legitimate public purpose to provide facilities and services for the
provision of comprehensive substance abuse services for individuals in the Jail Incarceration
Program at the Monroe County Detention Center, now, therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed
as follows:
FUNDING
1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER
substantially and satisfactorily performing and carrying out the duties and obligations of the
Board, shall reimburse the Provider for a portion of the Provider's expenditures for the Jail
Incarceration Program services, as billed by the Provider, for clients requiring substance abuse
treatment services. This cost shall not exceed a total reimbursement ofONE HUNDRED EIGHTEEN
THOUSAND SEVEN HUNDRED TWENTY SIX AND N{}/100 DOLLARS ($118,726.00) during the fiscal
year2O15, payable asfollows:
a) The sum of ONE HUNDRED EIGHTEEN THOUSAND AND 0C/100 DOLLARS
($118,726.00) for the Jail Incarceration Program that offers substance abuse and
mental health services, such as counseling and therapy, education, and Support
services, to those incarcerated individuals that qualify for the program.
2. TERM. This Agreement shall commence on October 1, 2012, and terminate September
30, 2013, unless earlier terminated pursuant to other provisions herein.
3. PAYMENT. Payment will be made periodically, but no more frequently than monthly,
as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's
Finance Office. The County shall only reimburse, subject to the funded amounts below, those
reimbursable expenses which are reviewed and approved as complying with Monroe County Code
of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement
Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter,
summarizing the expenses, with supporting documentation attached. The letter should contain a
notarized certification statement. An axernp|e of reimbursement request cover letter is included
as Attachment B. The organization's final invoice must be received within thirty days after the
termination date of this contract shown in Article 2 above.
After the Clerk of the Board examines and approves the request for reimbursement, the
Board shall reimburse the PROVIDER. However, the total of said reimbursement expense
payments in the aggregate sum shall not exceed the total amount shown in Article 1, above,
during the term of this agreement.
4' AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at m
level sufficient to a||ovv 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.
Care Center -Jail Pmgmm-FY3;page /
5. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER and County agree that each shall
be, and is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with
funds provided under this agreement, shall become the property ofMonroe County and shall be
accounted for pursuant to statutory requirements.
RECORDKEEPING
7. RECORDS. PROVIDER shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party tothis Agreement ortheir authorized representatives
shall have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the Agreement and for four years following the
termination of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to PROVIDER pursuant tothis Agreement were spent for purposes not authorized by
this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant
to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER.
8. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access
to, and inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and PROVIDER in conjunction with this Agreement; and the County shall have the right to
unilaterally cancel this Agreement upon violation of this provision by PROVIDER.
9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the
County the following (items A -I must be provided prior to the payment of any invoices):
(a) IRS Letter ofDetermination and {SUIDESTAR printout indicating current 5O1(c1(�) status;
(b) List of the {}rganization's Board of Directors of which there must be at least
' ' - 'd for each
board rnernbar please indicate when elected to serve and the length of term of service;
(c) Evidence of annual election of Officers and Directors;
(d) Unqualified audited financial statement from the most recent fiscal year for all
organizations that expend $150,000 a year or more; if qualified, include a statement of
deficiencies with corrective actions recommended/taken;
(e) Copy ofa filed IRS Form 990 from most recent fiscal year with all attached schedules;
(f) Onguniznbon's Corporate Bylaws, which must include the organizati0n's mission, board and
membership composition, and process for election of officers;
(g) Onganization's Policies and Procedures Manual which must include hiring policies for all
staff, drug and alcohol free vv0rkp|aCa provisions, and equal employment opportunity
provisions;
(h) Specific description or list of services to be provided under this contract with this grant
(see Attachment C);
(i) 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;
(j) Cooperation with County monitoring visits that the County may request during the contract
year;and
(k) 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
CaeCent*Jo Pmgmm-FY3;page 2
10. 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
inAttachment Cto residents ofMonroe County, Florida.
11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event
any cause of action or administrative proceeding is initiated or defended by any party relative to
the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses/ as an award
against the non -prevailing party, and shall include attornay'sfaes, 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 ofMonroe County.
12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit ofthe County and PROVIDER and their respective
legal representatives, successors, and assigns.
13. 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 ofcertain information.
14. NO SOLICITATION/ PAYMENT. The County and PROVIDER warrant that, in respect
to itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the PROVIDER agrees that the County shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
15. INDEPENDENT CONTRACTOR. At all Unnas and for all purposes hereunder, the
PROVIDER is an independent contractor and not an employee of the Board. No statement
contained in this agreement shall be construed so as to find the PROVIDER or any of its
employees, contractors, servants or agents to be employees of the Board.
COMPLIANCE ISSUES
16. 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 oftermination to the PROVIDER.
17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure
that all professionals have current and appropriate professional licenses and professional liability
insurance coveraga. Funding by the Board is contingent upon retention of appropriate local, state
and/or federal certification and/or |icansura of the PROVIDER'S program and staff.
18. NON-DISCRIMINATION. County and PROVIDER agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
Care Center -Jail Pmgmm-FY3;page 3
terminates without any further action on the part of any party, effective the date of the Court
order. County or PROVIDER agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not Urnibsd to: 1)
Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis o
race, color or national origin; 2) Title I% of the Education Amendment of 1972, as amended (20
USC gs. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 UBC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42
USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office
and Treatment Act of 1972 (PL92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL91-616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; 7) The Public Health Service Act of1912, ss. 523 and 527 (42 USC
ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 UBC s. at Seq.), as amended,
ended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The. Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) 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
19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services
and/or reimbursement of Services shall be accomplished by an amendment, which must be
approved inwriting bythe County.
20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER
agree that all disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If no resolution can be agreed upon
within 30 days after the first meet and confer session, the issue or issues shall be discussed at a
public meeting of the Board of County Commissioners. If the issue or issues are still not resolved
to the satisfaction of the parties, than any party shall have the right to seek such relief or remedy
as may be provided bythis Agreement orby Florida law.
21. COOPERATION. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this
Agreement, County and PROVIDER agree to participate, to the extent required by the other party,
in all proceedings, hearings, processes, meetings, and other activities related tothe substance of
this Agreement or provision of the services under this Agreement. County and PROVIDER
specifically agree that no party tothis Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
ASSURANCES
22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any manner
or degree with its performance under this Agreement, and that only interest of each is to perform
and receive benefits as recited in this Agreement.
23- 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 subiec± 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 tothe total agreed upon
reimbursement amount for the services of the PROVIDER.
Care Center -Jail Pm0mm-FY3;page 4
24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec 768.28,
Florida Statutes, the participation of the County and the PROVIDER in this Agreement and the
acquisition of any [ornrnerda| liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver ofimmunity to the
extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
25. ATTESTATIONS. PROVIDER agrees toexecute such documents asthe County may
reasonably require, to include Public Entity Crime Statement, an Ethics Statement, and a Drug -
Free Workplace Statement.
26. AUTHORITY. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
INDEMNITY ISSUES
27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees
toindemnify and hold harmless Monroe County Board ofCounty 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.
28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability,
exemptions from |avvo, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
29. NO PERSONAL LIABILITY. No covenant oragreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent oremployee 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.
30. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non -Delegation ofConstitutional
or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except to
the extent of actual and timely performance thereof byany 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.
31. NON -RELIANCE BY NON-PARTIES. Noperson orentity shall beentitled torely
upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the County and
the PROVIDER agree that neither the County nor the PROVIDER orany agent, officer, or employee
of either shall have the authority to inform, counsel, or otherwise indicate that any particular
individual or group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
Care Center -Jail PmgramfY3;page 5
32. 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 bysigning any such counterpart.
33. NOTICE. Any notice required or permitted under this agreement shall be in vvhUng
and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the
other party asfollows:
For Board:
Grants Administrator and
11OUSimonton Street
Key West, FL33O4O
For PROVIDER
Frank Rabbito, Senior Vice President
{5uidance/CareCenter
1205 Fourth Street
Key West, FL33O4O
Monroe County Attorney
POBox 1026
Key West, FL33041
34. 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 tocontracts made and tobeperformed entirely inthe State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will
lie in the appropriate court or before the appropriate administrative body in Monroe County,
The County and PROVIDER agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
35. 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.
36, SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the
fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The County and PROVIDER agree to reform the Agreement to replace
any stricken provision with a valid provision that comes as dOoe as possible to the intent of the
stricken provision.
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 to such subject matter between the PROVIDER and the Board.
Care Center -Jail PmgmmfY,3;page 0
[THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW]
Contract -Guidance Care Center -Jail Program-FY13; page 7
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
Deputy Clerk
Witness
�
O�-u-,�Y
BOARD OFCOUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Guidance/Care Center
(Federal ID 6q 14�SF) -3'�-"4
Director, Children & Families
Guidance/Care Center
Care Center -Jail PmgramfY3; page
ATTACHMENT A
EXPENSE REIMBURSEMENT REQUIREMENTS
This document is intended to provide basic guidelines to Human Service and Community -Based
Organizations, county travelers, and contractual parties who have reimbursable expenses
associated with Monroe County business, These guidelines, as they relate tntravel, are from the
Monroe County Code ofOrdinances and State laws and regulations.
Acover letter (see Attachment B) summarizing the major line items on the reimbursable expense
request needs toalso contain the following notarized certified statement:
"I certify that the above checks have been submitted tothe vendors ag noted and that the
attached expenses are accurate and in agreement with the records of this organization.
Furthermore, these expenses are in compliance with thisorganizatiOn!s contract with the Monroe
County Board of County Commissioners and will not be submitted for reimbursement to any other
funding source."
Invoices should be billed to the contracting agency. Third party payments will not be considered
for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level ofdetail in the contract.
This document should not beconsidered all-inclusive. The Clerk's Finance Department reserves
the right to review reimbursement requests on an individual basis. Any questions regarding these
guidelines should bedirected 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 paid payroll taxes, check number and check amount.
If Payroll Journal is not provided/ the following information must be provided: pay period, check
amount, check number, dote, 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 orexpress 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 ofcopies 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 orservices Ordered, a vendor invoice is required.
Care Center -Jail Pmgmm-FY/3 page
Fax, etc.
Afax 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 ofthe 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 reirnburserneDt. 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. Atrave| itinerary isappreciated tofacilitate 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 tothe airport for a business trip is not reimbursable. Parking is
considered a reimbursable travel expense atthe destination. Airport parking during a business
trip is not,
Adetai|ed list ofcharges 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 X%VI, TRAVEL, PER DIEM,
MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. Anodometer reading
must beincluded onthe state travel voucher for vicinity travel. Mileage isnot allowed from a
residence or office to a point of departure. For example, driving from one's home to the airport
for a business trip is not a reimbursable expense.
Meal reimbursement shall beatthe rates established byARTICLE XXVl, TRAVEL, PER DIEM,
MEALS, AND MILEAGE POLICY ofthe Monroe County Code ofOrdinances. Meal guidelines state
that travel must begin prior to Ga.rn. for breakfast reimbursement, before noon and end after
p.m. for lunch reimbursement, and before 8 p.m. and end after p.m. for dinner reimbursement.
P0«xn-aU0omrabUe 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.
Care Center -Jail Progmm-FY3;page 1O
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board ofCounty Commissioners
Finance Department
5OOWhitehead Street
Key West, FL33O4O
Date
The following is a summary of the expenses for ( for the time period
of to
Check # Payee
Amount
101
Company Rent
$y'XXX.XX
102
Company Utilities
X%X.XX
104
Employee P/Rending O5/14/O1
XXX.XX
105
Employee P/Rending O5/28/O1
)XX.XX
(A)
Tota|
(B)
Total prior payments
$X,XXX.XX
(C)
Total requested and paid (Af B)
$X,XXX.XX
([})
Total contract amount
$ X,XXX.XX
Balance of contract (D-C)
I certify that the above checks have been submitted tnthe vendors as noted and that the
expenses are accurate and in agreement with the records of this organization. Furthermore,
these expenses are in compliance with this organization's contract with the Monroe County Board
of County Commissioners and will not be submitted for reimbursement to any other funding
source.
Chief Executive Officer
Attachments (supporting documentation)
Sworn to and subscribed before me this ____ day of________
who ispersonally known to me.
Notary Public Notary Stamp
Care Center -Jail Pm9mm-F1'3;page //
ATTACHMENT C
Services to be provided:
Guidance Care Center will provide substance abuse services, including assessment, case
management, individual and group therapy, drug testing, and educational, parenting, and
vocational workshops to men and women in the Monroe County Detention Center.
Contract -Guidance Care Center -Jail Program-FY13; page 12
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
public building orpublic work, may not submit bids on leases ofreal property to public entity,
may not be awarded or perform work aaa 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."
Care Center -Jail Pmgram-FY13; page 13
SWORN STATEMENT UNDER ORDINANCE NO. 1O-199O
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
C,�,, L)i c�Lj-�c e I OA.,e— :F4")(— warrants that he/it has not employed, retained or
otherwise had act on his/its behalf any former County officer oremployee in violation of Section 2
ofOrdinance 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 orpurchase
price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or
consideration paid to the former County officer or employee.
(signature)
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his/her
signature (name of individual signing) inthe space provided above on this _��_��day of
_
,2O_i��-.
My commission e MY COMMISSION # DID 936664
EXPIRES: =Januaty 19,2014
Bonded Thru Notary Public Underwritm
Care Center -Jail Frogmm-FY3;page 1*
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publishes statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
3. Gives each employee engaged in providing the commodities orcontractual services that are
under bid a copy of the statement specified in subsection (1).
4. Inthe statement specified in subsection (1), notifies the employees that, asacondition of
working onthe commodities orcontractual services that are underbid, the employee will abide by
the herrnG of the statement and will notify the employer ofany conviction of, or plea of guilty or
no|o cootendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than five
(5) days after such conviction.
5. Imposes a sanction on, orrequire the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is
so convicted.
6. Makes a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement I certify that this firm complies fully with the
above requirements.
STATE OF C1 k(Signature of Respondent)
COUNTYOF
Date
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of
individual signing) affixed his/her signature in the space provided above on this
My commission expire C
BLIC
Care Center -Jail Pmqmm-FY3;page /5