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Item F38 jBIOARD of COUNTY COMMISSIONERS Mayor David Rice, District 4 Mayor Pro Tern Kim Wigington, District 1 OUNTYHeather Carruthers, District 3 KEY WESTSoMONROE LORIDA 33040 Sylvia J. Murphy, District 5 (305)294-4641 _ George Neugent, District 2 District 4 Office: 9400 Overseas Highway ®`' Florida Keys Marathon Airport Suite 210 Marathon, FL 33050 Ph: 305 289-6000 rr�ti Fx: 305 289 4610 Em: > ,,4.d1, iu ,uw , mo,, Interoffice Memorandum Date: November 16, 2012 ClerkTo: Danny Kolhage, "3. From: ayor avi ice, istrict ` Re: Notice of Voting Conflict Per Florida Statute 1 12.3143, I hereby disclose by written memorandum that I will abstain from the vote on certain issues that are brought before the Monroe County Board of Commissioners with entities that 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 its operational funding from the County, as I am currently a member of the Board of Directors of the Care Center. At the November 20, 2012 BOCC meeting, I will abstain from the vote on item(s). #F38, F39, F40, F4 3, F44 These five items all pertain to the Guidance Care Center. You will find attached a copy of page 6 of the November 20, 2012 Final Revised Agenda for reference as to the specifics of each item. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 20, 2012 Division: OMB BulkItem: No Department: Grants Staff Contact/Phone#: Lisa Tennyson x 4444 AGENDA ITEM WORDING: Approval of agreement with Guidance Care Center for the Jail In- House Program for the period from October 1, 2012 through September 30, 2013 for$118,726. ITEM BACKGROUND: FY 13 budget for GCC funding includes an approved line item for $205,000, In May and June BOCC meetings, the BOCC discussed utilizing this funding, or a portion of it, for the GCC Jail In-House Program. The JIP program's direct cost is $202,226. The program is also funded in part with $83,500 FDLE Byrne JAG grant funds. The balance necessary to support the program is $118,726. The full program budget is attached. PREVIOUS RELEVANT BOCC ACTION: In FY 12, BOCC granted $69,177 to GCC to support the GCC's Jail In-House program. (This was formerly funding BOCC gave to the Keys To Recovery program.} In July 2012, BOCC approved submission of applications to FDLE for JAG funding for the men's ($67,000) and women's components ($16,500) of the GCC's Jail in-House Program. FDLE approved those grant applications in late October. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: $ 118, 726 INDIRECT COST: -BUDGETED: Yes X No DIFFERENTIALOF LOCAL PREFERENCE: NA COST TO COUNTY: $118,726 SOURCE OF FUNDS: REVENUE PRODUCING: Yes— No X AMOVNT PER MONTH Year APPROVED BY: County At;(T PurcTasing Risk Managementnwn b DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AP Program Budget GUIDANCE/CARE CENTER, INC. Jail Programs pY2O13 FTEs Mon's YVnmen's Mon's VVomen's Jail Staff Total Program Program Base Pay Total Program Program Program Director 48.750 32.500 10.250 05.000 OJ50 0.500 O�250 Clinical Supervision 16.800 11.200 5,600 56,000 O�300 0200 0.100 8auhmRobinuon 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(Billing. Payroll,AP) 4,867 3,245 1,622 54,080 0.090 O�060 O�030 Data Entry and Reporting --__-1,500} --__-1,000 500) 50.000 _O�030 0.020 0.010 Total Wages 171.728 114,449 57.279 4.190 Z798 1.882 Fringe Benefits @10& 17|173 --__11^445 --__5,728� Total Wages&Fringe Benefits 188,901 125,894 63,007 pmgmmMointenanoe/Supp|ies Workbooks 2.310 1.540 770 Workbook cost=$22.00eaoh Drug Tests 1,440 960 480 Drug tests @$3.00 subtotal 3.750 2.500 1.250 Other Direct Expenses Office Supplies 1.440 900 480 Laptop Computers(3 @$1250) 3.750 2.500 1.250 Computer Printer 300 200 100 Air cards for mompuoano-monm|ycosts 1.1e5 rrO 385 Projector for DVDu 850 567 283 Screen for DVDu 180 120 00 Shredder 180 120 00 Office Chairs(4@$160) 040 427 213 Cell Phones&Usage fees --__-1,080 --___ 7:20 --___ 360 subtotal 9.575 0.384 3.191 ToW Direct Expenses 202,226 134.778 67.440 FIDLE Revenues to offset JAG 67,000 67,000 ' Total FIDLE Revenue 83,500 07.000 10.500 Balance paid by Monroe County 118,72�6 67.770 50.948 Expenses not paid by either FDLEnr Monroe County Fringe benefit costs not included above 18.890 12.589 0.301 Based on Federally approved rate of2196 Indirect costs not included in calculations above 65,964 43,961 22,003 Based on Federally approved rate of33Y6 subtotal 84.854 50.550 28.304 TOTAL PROGRAM COSTS 207.080 191.328 95.752 Men'n YVomen'n Total Program Program Units provided Assessment Hours 400.00 280.00 120.00 Case MQmtHours 520.00 300.00 160.00 Individual Therapy Hours 004.00 400.00 204.00 OP Group Staff Hours 1,236.00 84u0.00) 396.00 2.820.00 1.880.00 940.00 GUIDANCE/CARE CENTER, INC. JAG Program Budget for Men in the Monroe County Jail FY2Oi3 Men'o Program Base Pay FTEs Jail Staff Program Director 32.500 65.000.00 0,500 Clinical Supervision 11.200 56.00000 0.200 SaohaRobinaon 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(8iUing. Payroll,AP) 3.245 54.080.00 0.060 Data Entry and Reporting 1,000 50.000.00 0.020 Total Wages 114.449 2.818 ------' Fringe Benefits @1096 11,445 Note: Federal Approved rate=2196 Total Wages&Fringe Benefits 125.894 PrognamW1ointenanmaXSupp|ieo Workbooks 1.540 Drug Tests 960 subtotal 2.500 Other Direct Expenses Office Supplies 960 Laptop Computers (3@ $1250) 2.500 Computer Printer 200 Air cards for oomputero—month|ycosts 770 Projector for DVOo 567 Screen for DVDm 120 Shredder 120 Office Chairs (4@s1SO) 427 Cell Phones& Usage fees 720 subtotal 8.384 Total Direct Expenses 134,778 Expenses not included in the budget -' Fringe benefit costs not included above 12.589 Indirect costs not included in calculations above 43,961 subtotal 56.550 TOTAL PROGRAM COSTS 191,328 Total Annual Budgeted Service Units Assessment Hours 280,00 Case K4gmtHours 360.00 Individual Therapy Hours 400.00 OP Group Staff Hours 840.00 1,880.00 Total Direct Expenses 134.778 Unit Cost Rate= $ 71.69 ,. JAG Budget Only Services Rate Revenue Assessment Hours 133.19 a 71.69 $ 9.378.59 Case K4gmtHours 178.96 a 71.63 12,823.72 Individual Therapy Hours 198.85 $ 71.69 14.355.64 OP Group Staff Hours 417.57 � 71.G3 20�3G�5 934.57 $ 67'000.00 GUIDANCE/CARE CENTER, INC. Byrne Program Budget for Women in the Monroe County Jail FY2O13 VVom*n'a Program Base Pay FTEo VVomen'o Program Staff Program Director 16.250 65.000.00 0.250 Clinical Supervision 5.600 56.000.00 0.100 Is'abdLenderman 32.011 32.011.20 1.000 Clinical Evaluation 1.296 108.000.00 0.012 Fiscal Support(B|||ing. Payroll,AP) 1.622 54.080.00 0.030 Data Entry and Reporting 500 50.000.00 0�010 Total Wages 57.279 0.350 Fringe Benefits @1O96 5,728 Note: Federal Approved rate=2196 Total Wages& Fringe Benefits 83.007 PrngnamK8aintenenne/Supp|iea Workbooks 770 Drug Tests 480 1,250 Other Direct Expenses Office Supplies 480 Laptop Computers (3@s125O) 1.250 Computer Printer 100 Air cards for computom—month|ycosts 385 Projector for DVDo 283 Screen for DVDs GO Shredder GO Office Chairs (4@ $160) 213 Cell Phones& Usage fees 380 subtotal 3.191 Total Direct Expenses $7,448 Expenses not included in the budget Fringe benefit costs not included above 6.301 Indirect costs not included in calculations above 22,003 subtotal 28.304 TOTAL PROGRAM COSTS 95,753 Total Annual Budgeted Service Units Assessment Hours 120.00 Case KAgmtHours 160.00 Individual Therapy Hours 26400 OP Group Staff Hours 306.00 04O�OO Total Direct Expenses 67.448 Unit Cost Rate = $ 7135 Byrne Budget Only Services Raba Revenue Assessment Hours 39.00 * 71.75 $ 2,080.84 Case Y00mntHours 39.00 * 71.75 2'798.37 Individual Therapy Hours 65.00 * 71.75 4,663.96 ' OP Group Staff Hours 96.96 * 71.75 6�56.83 $ 16,500.00 AGREEMENT This Agreement is made and entered into this 30th day of November, 2012, between the BOARD OF COUNTY COMMISSIONERS OF MDNRDE COUNTY, FLORIDA, hereinafter referred to as "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 In-House Program in the Monroe County Detention Center, 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 In-House 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 In- House Program services (including substance abuse and mental health services, such as counseling and therapy, vocational, education, and support services, to those incarcerated individuals that qualify for the program), as billed by the Provider. This cost shall not exceed a total reimbursement of ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED TWENTY SIX AND N{}/100 DOLLARS ($118,726.00) during the fiscal year 3013. 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 example of a 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 3 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 a 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. 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 Contract-Guidance Care Center-Jail Pmgmm-FY13;page I 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 of Monroe 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 to this Agreement or their 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 to this 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. S. PUBLIC ACCESS. The County and PROVIDER shall a||ovv 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 ufDetermination and GUIDESTAR printout indicating current 501(c)(�) status; (b) List of the [)rganization's Board of Directors of which there must be at least ' ' ' 'd for each board member 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 of a filed IRS Form 990 from most recent fiscal year with all attached schedules; (f) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (g) Drganizotion'a Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (h) Specific description or list of services to be provided under this contract with this grant (see Attachment [); (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 numbersserved, 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 Care Center-Jail PmgramfY/3;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 in Attachment C to residents of Monroe 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 attorney'sfees, 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 of Monroe County. 12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the 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 times 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 n material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or |icensure 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 terminates without any further action on the part of any party, effective the date of the court Contract-Guidance Care Center-Jail Pmgmm-FY13;page 3 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 limited 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; Z\ Title IX of the Education Amendment of 1972, as amended (2O USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sen; ' 3) Section 504 of the Rehabilitation Act of 1973, as amended (ZO USC s. 794), which prohibits ' discrimination on the basis of handicaps; 4\ The Age Discrimination Act of 1975, as amended (43 USC ss 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL92-2SS), as amended, relating to nondiscrimination on the basis of drug abuse; 5\ 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 oralcoholism; 7\ The Public Health Service Act of1912, ss. 523and 527 (4Z 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 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1301 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 in writing by the 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, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by 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 to the substance of this Agreement or provision of the services under this Agreement. County and PROVIDER specifically agree that no party to this 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 subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed upon reimbursement amount for the services of the PROVIDER. Contract-Guidance Care Center-Jail PmgmmfY13;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 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. 25. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may reasonably require, to include a 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 to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. 28. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from 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 of the County. 29. NO PERSONAL LIABILITY. No covenant or agreement 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 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. 30. 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 law 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. 31. NON-RELIANCE BY NON-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 agree that neither the County nor the PROVIDER or any 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. Contract-Guidance Care Center-Jail Program-FY13;page 5 GENERAL 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 writing and hand-delivered or mailed, postage pr8-paid/ by certified nnai|/ return receipt requested, to the other party asfollows: For Board: Grants Administrator and Monroe County Attorney 11OO Simonton Street PO Box 1026 Key West, FL33O4O Key West, FL ]3O41 For PROVIDER Frank Rabbito, Senior Vice President Gu|dance/CareCenter 12O5 Fourth Street Key West, FL33O4O 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 to contracts made and to be performed entirely in the 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, 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 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 close 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] Contract-Guidance Care Center-Jail Pmomm'FY13;page 0 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman Guidance/CareCenher (Federal I[} No. \ Witness By Witness Director, Children & Families Guidance/CareCenter MONROE COUNTY ATTORNEY APPROVED AS TO FORM: RROWS 4H&RISTINE4�LIM ASSISTANT COUNTY ATTORNEY Date Contract-Guidance Care Centeab8Pmomm+Y/3;page 7 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 totravel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B\ summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: ^I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners 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 of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, 8uC 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 orhourly 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, 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 nr express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number 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 or services ordered, a vendor invoice is required. Contract-Guidance Care Center-Jail F+ogram-FY13;page 8 Tellefax, Kam, 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 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 besubmitted 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. Atrave| 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 fora business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after p.m. for lunch reimbursement, and before 6 p.m. and and after p.m. for dinner reimbursement. Non-allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non-sufficient check charges, penalties and fines. Contract-Guidance Care Center-Jail Pmomm-FY13;page 9 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500VVhitehead Street Key West, FL33O4O Date The following is a summary of the expenses for ( ) for the time period of to Check # Payee Reason Amount 101 Company Rent ¢ X,XXX.XX 102 Company Utilities XXX.XX 104 Employee P/R ending O5/14/O1 XXX.XX 105 Employee B P/Rending 05/28/01 XXX.XX (A) Tota| (B) Total prior payments $ X,XXX.XX (C) Tota| requested and paid (Af B) $ X,XXX.XX ([)) Total contract amount $ X,XXX.XX Balance of contract ([}-C) Ix I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of 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 30__ by who is personally known to me. Notary Public Notary Stamp Contract-Guidance Care Center-Jail F+ooram-FY13;page /0 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(also known as the]ail In-House program). Contract-Guidance Care Center-Jail Program-FY13;page 11 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Contract-Guidance Care Center-Jail Program-FY13;page 12 SWORN STATEMENT UNDER ORDINANCE NO. 1O-199O MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance NO, 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid tO the former County officer oremployee. (signature) Date: STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of , 3U____. NOTARY PUBLIC My commission expires: OMB - MCP FORM #4 Contract-Guidance Care Center-Jail Pmgram-Fv/3;page 13 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 387.087 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 D drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 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. In the statement specified in subsection (1), notifies the employees that, as condition of working on the commodities orcontractual services that are underbid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nn|o contendene to, any violation of Chapter 893 (Florida Statutes) or ofany 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 sanction on, or require 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 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 (Signature of Respondent) COUNTY OF [}ate PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of /nommua| signing) affixed his/her signature in the space provided above on this day of , 3O___. My commission expires: PUBLIC Contract-Guidance Care Center-Jail Program-FYI 3;page /4