Item C27
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 13. 2009
Bulk Item: Yes [g} No D
Division: OMB
Department: Grants Administration
Staff Contact Person: Lisa Tennyson
292-4444
AGENDA ITEM WORDING: Approval of amendment to contract with the Guidance
Clinic of the Middle Keys. replacing Attachment C, which concerns subcontracted
Baker/Marchman Act transportation and increasing the contract amount for these
services from $48.000 to $146,000.
ITEM BACKGROUND: When the contract with Guidance Clinic was approved in
October. the terms of this subcontract were not yet available. and Attachment C was
left blank. Subcontracting of services must be specified in the contract and approved
bY the BOCC. BakerlMarchman Act transportation is one of many services provided
under the contract with the Guidance Clinic. In addition. only a portion of the expenses
were included in the original contract: an additional $98.000 is required for these
services.
PREVIOUS RELEVANT BOCC ACTION: Approval of current contract October 2008;
approval of subcontract for transportation in previous years.
CONTRACT/AGREEMENT CHANGES: Contract is amended to reflect new Attachment
C. a new contract amount for Baker Act services, and to correct a scriveners error.
STAFF RECOMMENDATION: approval
TOTAL COST: $800.520.00 (Contract for BUDGETED: Yes [g) No D
$702.529 already approved in Oct 2008.)
COST TO COUNTY: $800.520.00 SOURCE OF FUNDS: n1a
REVENUE PRODUCING: Yes D No [g} AMOUNT PER MONTH
YEAR
~D BY: COUNTY A TTY D OMB/PURCHASING D rf\~ANAGEMENT
DOCUMENTATION: INCLUDED: [g} NOT REQUIRED: D
DISPOSITION:
AGENDA ITEM #:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Guidance Clinic of the Effective Date: 10/1/08
Middle Keys
Expiration Date: 9/30/09
Contract Purpose/Description: Amendment to contract, addinq Attachment C, which
concerns subcontract of Baker/Marchman Act transportation services, and an increase in
the contract amount for these services, from $48,000.00 to $146,000.00.
Contract Manager: Usa Tennyson
(Name)
for BOCC rneetinq on 2/18/09
4444
(Ext.)
OMB/Grants
(Department)
Aqenda Deadline: 2/3/09
CONTRACT COSTS
Total Dollar Value of Contract: $800,520.00 Current Year Portion: $800,520.00
Budgeted? Yes[g] No D Account Codes: 001-03230-530340- 340,000.00
Grant: $0.00 001-01509-530340- 30,148.00
County Match: $_ 001-01526-530340- 69,177.00
001-01508-530340- 215,195.00
001-01535-530340- 146,000.00
ADDITIONAL COSTS
Estimated Ongoing Costs: $--1yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries,
etc. )
CONTRACT REVIEW
Date
In
Division Director ~C]
Risk Management ~.if!
O.M.B./Purchasing ~
County Attorney :;/{jOl
Changes "~.
Needed C"\
YesD NoJr'/
YesD NOm!
YesO NO~?k
YesD NO~
Date Out
rc/<:
2J.sto,
l/\("
-:Q.:V 1
&.ruO,
#
0-
Comrnents:
OMB Form Revised 9/11/95 MCP #2
AMENDMENT TO AGREEMENT
This Amendment to Agreement is made and entered into this 13th day of February, 2009,
between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter
referred to as "COUNTY," and The Guidance Clinic of the Middle Keys, Inc., hereinafter referred to as
"PROVIDER. "
WHEREAS, the COUNTY and the PROVIDER entered into an agreement on October 15, 2008,
regarding the provision of mental health services, including sub-contracted Baker Act and Marchman
Act transportation services, for citizens of Monroe County; and
WHEREAS, PROVIDER has negotiated a new sub-contract for Baker Act and Marchman Act
transportation services, and,
WHEREAS, the COUNTY desires to amend said agreement to increase the amount of funding
to accommodate increased Baker Act and Marchman Act Transportation expenses;
WHEREAS, the COUNTY desires to arnend said agreement to include the new Baker Act and
Marchman Act transportation sub-contract;
WHEREAS, the COUNTY desires to amend said agreement to correct a scriveners error;
NOW, THEREFORE, in consideration of the promises contained herein, the parties agree:
1. The contract is amended by substituting the new Attachrnent C (Baker Act and Marchman Act
Letter of Agreement dated October 17, 2008, by the Provider and signed by Elangess, LLC on
February 4, 2009) in place of the current contract Attachment C, which is blank.
2. Section 1, and the sub-section (e) thereof, of the contract dated October is, 2009, is hereby
amended to read (items changed are in bold):
1. AMOUNT OF AGREEMENT. The Board, in consideration of the Provider substantially
and satisfactorily performing and carrying out the duties and obligations of the Board, shall
reimburse the Provider for a portion of the Provider's expenditures for Baker Act hospital,
physician and crisis stabilization services, as billed by the Provider, for clients qualifying for
such services under applicable state and federal regulations and eligibility determination
procedures, and for Baker Act transportation services, non-Baker Act mental health services
and substance abuse treatment. This cost shall not exceed a total reimbursement of
EIGHT HUNDRED THOUSAND, FIVE HUNDRED, TWENTY, AND NO/loo DOLLARS
($800,520.00), during the fiscal year 2009, payable as follows:
(e) the sum of ONE HUNDRED FORTY SIX THOUSAND AND NO/l00 DOLLARS
($146,000.00) for Baker Act/Marchman Act Transportation services.
3. Article 3 is hereby amended to read (items changed are in bold):
3. PAYMENT. Payment will be paid monthly as hereinafter set forth. Baker Act Billing
Summary Forms, certified monthly financial and service load reports will be made available to
the Board to validate the delivery of services under this contract. The monthly financial report is
due in the office of the Clerk of the Board no later than the 15th day of the following month.
Payment for Baker Act and Marchman Act transportation services shall be made according to the
rate schedule set forth in Attachment C, subject to the maximum arnounts set forth in Paragraph
1.e. above. After the Clerk of the Board pre-audits the certified report, the Board shall
2
reimburse the Provider for its monthly expenses. However, the total of said monthly payments
in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the
term of this agreement. To preserve client confidentiality required by law, copies of individual
client bills and records shall not be available to the Board for reimbursement purposes but shall
be made available only under controlled conditions to qualified auditors for audit purposes. The
organization's final invoice must be received within sixty days after the termination date of this
contract shown in Article 2 above.
4. All other provisions of the contract dated October 15, 2008, not inconsistent herewith, remain
in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of
the day and year first written above.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor
Guidance Clinic of the Middle Keys, Inc.,
(Federal ID No.
)
By
Name and Title
-
0N
2/5 It) f....:--
Data ~-
3
Baker/Marchman Act
Transportation Sub-contract
(new Attachment C)
~.
~
GUIDANCE CLINIC OF THE MIDDLE KEYS, INC.
3000 41sT STREET, OCEAN
MARATHON, FL 33050
(v) 305/434-9000 / (f) 305/434-9040
October 1 7, 2008
Evan Guttman
Elanjess LLC
P.O. Box500218
Marathon, FL 33050
RE: LETTER OF AGREEMENT
Dear Mr. Guttman:
The Guidance Clinic of the Middle Keys, Inc. (GCMK), hereby enters into an agreement with
Elanjess LLC to provide coordination and transportation services for Baker AcUMarchman Act
(BA/MA) clients throughout Monroe County to/from Miami-Dade County as well as other
destinations as required.
GCMK will supply Elanjess with two Ford Crown Victoria's vehicles, meeting Elanjess
maintenance specifications; one to be stationed in Key West at an Elanjess location and the
other in Marathon at GCMK headquarters.
GCMK will pay for the fuel and maintenance of the two vehicles used for BA/MA
transportation. Elanjess will coordinate the maintenance for the Crown Victoria located in Key
West. Invoices for routine rnaintenance (labor and parts) on the Crown Victoria will be
forwarded to GCMK's Transportation Director for payment. Elanjess will not charge an extra
fee for coordinating the maintenance of the vehicle. Elanjess must obtain prior approval from
the GCMK Transportation Director to initiate major vehicle repairs. GCMK will coordinate the
maintenance for the Crown Victoria located in Marathon.
GCMK will maintain insurance on both of the vehicles. Elanjess will also be named as an
"additional insured" for these two cars. Elanjess will report and document accidents Involving
GCMK vehicles and Incidents Involving clients to the proper authorities and Immediately
thereafter contact GCMK.
All Elanjess drivers operating GCMK vehicles will hold a minimum of a Class E Florida Driver's
license and be approved for GCMK Insurance coverage by the Transportation Director. Upon
execution of this agreement, Elanjess will fax to GCMK's Transportation Director a current list
of drivers - inclUding a copy of the driver's license and social security number for each driver _
for approval to operate GCMK vehicles. Prior to adding a driver, Elanjess will fax or email to
GCMK's Transportation Director or designee a copy of the driver's license, SOcial security
number and signed "Request for Check of Driving Record" form of the person. GCMK will
initiate procedures to add the driver to GCMK vehicle insurance. E/anjess cannot use the
1 ~"c;;iLDRi'N
Partiall funded b the Florida D artment of Children & Families. District 11 ~ & FAMILIES
C:\Documents and Settings\mo\Local Settings\Temporary Internet Flles\OLK1\BA_Agreemnt 08-09 (5).doc
,
'y
driver for BNMA transports until it has received written notification that the driver has been
added to the GCMK insurance coverage. Additionally, Elanjess will fax a copy of picture
identification and social security number for each escort to GCMK's Transportation Director or
designee. Eianjess cannot Use the escort for BNMA transports until it has received written
notification that the escort has been approved by GCMK.
GCMK will supply Elanjess with a cell phone. Elanjess will follow the transportation Protocol
and complete the documentation provided as Attachment 1-3 herein.
The following fee structure is established for the period of the agreement:
Maximum Elanjess
# Rou~s* Client Picku Point Client Oro -off Point Pa ment
Key West Key West $115
Marathon Marathon $115
241 Key West Marathon $145
Marathon Key West $145
Marathon Ke La~ 0 $145
24 Marathon Miami-Dade County $385
Key Largo Miami-Dade Count $385
28 . K~ West Miami-Dade Count $385
-----
GCMK Preauthorization Required for All Trips Below
· Approval for beiow fees will be granted only when Ihe Marathon BNMA vehicle is engaged
with another BNMA tri that would reclude another icku within a reasonable eriod of lime.
Maximum Car Client PICkup Elanjess
# Roundtri s Location Point Client Dro -off Point Pa ment
2 Key West Marathon & North Key Largo $225
3 Key West Marathon & North Miami-Dade Count $385
Maximum
# Roundtri s*
GCMK Preauthorization Re uired for All Tri s Below
1
Client Picku Point
Key Largo
Marathon
Ke West
Key Largo
Marathon
Ke West
Elanjess
Pa ment
$770
$770
$770
$1,200
$1,200
$1,200
1
Timely payment for services rendered is ensured by adherence to the fOllOWing inVOicing
procedures:
· Elanjess will submit two statements/invoices per month; one COvering the trips made
from the first through the fifteenth and one covering trips made from the sixteenth
2
~lOll;jD^ O['A"TMfN"Tor
CHILDREN
Partiall funded b the Florida De artment of Children & Families, Disbict 11 & FAMILIES
C 'IDocumenls and SetlingslmolLocal Settingsl Temporary Inlernel FHa.tOLK lIBA_ Agreernn! 08-09 (5).doc
'4
7
through the end of the month. Elanjess will send statements/invoices to GCMK within 5
business days after the end of the billing period.
· Elanjess will include required documentation with each statement/invoice.
· Elanjess statements/invoices for BNMA trips will be submitted to the attention of GCMK
Stabilization Unit Director.
· GCMK Stabilization Director will review statemenVinvoice, mediate any discrepancies
with E/anjess, and forward approved invoice to GCMK Finance Department.
· GCMK Will mail payment to Elanjess within 7 working days (Finance Department) upon
receipt of statement/invoice by the Stabilization Unit Director.
The agreement can be cancelled by either party with 30 days written notice.
GCMK and Elanjess enter into this agreement including Attachments 1-3 by affixing signatures
below:
\,
t. '" _ \i
Jamie Pipher, MS
Regional Vice P
~ \. ,---~ +, ""---'~,-::---.
-.:2, ~,,, 01
Date
2~/D'4
Date
Attachments:
1. GCMK Transportation Protocol
2. GCMK Transportation Record and Payment Authorization Sheet
3. Statement
3
@rIO~lC"" Dt'AUMiNT OF
CHILDREN
Partiall funded b the Florida De artrnent of ChUdren & Families. Disbicl11 ~" FAMILIES
C:IDocuments and Settingslmollocal SettingslT emporary Internet FileslOlK1 18A- Agreemnt 06-09 (5).doc
Current Contract with Provider
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Guidance Clinic of the Middle Effective Date:1 0/01/08
Keys
Expiration Date:9/30/09
Contract Purpose/Description: provide fundinq for various mental health and transportation-
disadvantaqed services in Monroe County; provide for access to County fuelinq facilities by GCMK
vehicles.
Contract Manager: David P. Owens
(Name)
4482
(Ext.)
OMB/Grants
(Department)
for BOCC meetinQ on 10/15/08
Aaenda Deadline: 09/30/08
CONTRACT COSTS
Total Dollar Value of Contract: $702,520.00 Current Year Portion: $702,520.00
Budgeted? Yes~ No D Account Codes: 001-03230-530340- 340,000.00
Grant: $0.00 001-01509-530340- 30,148.00
County Match: $_ 001-01526-530340- 69,177.00
001-01508-530340- 215,195.00
001-~ -530340- ___4-<LOOO _00
ADDITIONAL COSTS
For:
(eq. maintenance, utilities, janitorial, salaries, etc.)
Estimated Ongoing Costs: $~yr
(Not included in dollar value above)
CONTRACT REVIEW
Division Director
Changes
Date In Needed
YesD NoD
YesD NoD
YesD NoD
YesD NoD
Date Out
Reviewer
Risk Management
O.M.B./Purchasing
County Attorney
Comments:
OMB Form Revised 9/11/95 MCP #2
AGREEMENT
This Agreement is made and entered into this 15th day of October, 2008, between the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as
"Board" or "County," and the GUIDANCE CLINIC OF THE MIDDLE KEYS, INC., hereinafter referred
to as "Provider."
WHEREAS, the Board and the Provider desire to enter into an agreement wherein the
Board contracts for services from the Provider for the rendering of mental health services to the
citizens of Monroe County, Florida, and
WHEREAS, the Board and the Provider desire to enter into an agreement wherein the
Board agrees to make its vehicle fueling facilities available to the Provider to assist in the
economical provision of mental health and substance abuse related services to the citizens of
Monroe County, Florida, and
WHEREAS, the Board is vested and charged with certain duties and responsibilities relating
to the mental health and guidance of the citizens of Monroe County, and
WHEREAS, such services have been rendered by the Provider in the past and have been
invaluable to the citizens of the County, and
WHEREAS, it is proper and fitting to enter into an agreement for services to be rendered in
the forthcoming fiscal year 2008-2009, 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 Baker Act
hospital, physician and crisis stabilization services, as billed by the Provider, for clients qualifying
for such services under applicable state and federal regulations and eligibility determination
procedures, and for Baker Act transportation services, non-Baker Act mental health services and
substance abuse treatment. This cost shall not exceed a total reimbursement of SEVEN
HUNDRED TWO THOUSAND, FIVE HUNDRED, TWENTY, AND NO/100 DOLLARS ($702,520.00),
during the fiscal year 2009, payable as follows:
a) the sum of TWO HUNDRED FIFTEEN THOUSAND, ONE HUNDRED, NINETY-FIVE, AND
NO/100 DOLLARS ($215,195.00) for mental health services, including detoxification, long-
term substance abuse treatment, and long-term psychiatric treatment services, crisis
stabilization, community mental health and substance abuse services,
b) the sum of THREE-HUNDRED FORTY THOUSAND, AND NO/100 DOLLARS ($340,000.00)
for residential services and mental health and substance abuse services, such as screening
and assessment, information and referral, outreach, prevention, intervention, counseling
and therapy, psychiatric services, aftercare, supportive housing, and psychosocial
rehabilitation,
c) the sum of THIRTY THOUSAND, ONE HUNDRED, FORTY-EIGHT, AND NO/100 DOLLARS
($30,148.00) for Community Transportation Coordinator related services,
d) the sum of SIXTY-NINE THOUSAND, ONE HUNDRED, SEVENTY-SEVEN, AND NO/100
DOLLARS ($69,177.00) for Keys to Recovery residential treatment services, and
Guidance Clinic of the Middle Keys FY05; page 1
e) the sum of FORTY-EIGHT THOUSAND AND NO/l00 DOLLARS ($48,000.00) for Baker
Act/Marchman Act Transportation services.
2. TERM. This Agreement shall commence on October 1, 2008, and terminate September
30, 2009, unless earlier terminated pursuant to other provisions herein.
3. PAYMENT. Payment will be paid monthly as hereinafter set forth. Baker Act Billing
Summary Forms, certified monthly financial and service load reports will be made available to the
Board to validate the delivery of services under this contract. The monthly financial report is due
in the office of the Clerk of the Board no later than the 15th day of the following month. Payment
for Baker Act and Marchman Act transportation services shall be made according to the rate
schedule set forth in Attachment C, subject to the maximum amounts set forth in Paragraph 1. d.
above. After the Clerk of the Board pre-audits the certified report, the Board shall reimburse the
Provider for its monthly expenses. However, the total of said monthly payments in the aggregate
sum shall not exceed the total amount shown in Article 1, above, during the term of this
agreement. To preserve client confidentiality required by law, copies of individual client bills and
records shall not be available to the Board for reimbursement purposes but shall be made
available only under controlled conditions to qualified auditors for audit purposes. The
organization's final invoice must be received within sixty days after the termination date of this
contract shown in Article 2 above.
Payment for services other than Baker Act 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 herein, those reimbursable expenses which are reviewed and approved as complying
with Florida Statutes 112.061 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 certification
statement. An example of a reimbursement request cover letter is included as Attachment B.
The organization's final invoice must be received within sixty 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 a
level sufficient to allow for continued reimbursement of expenditures for services specified herein,
this agreement may be terminated immediately at the option of the Board by written notice of
termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services
or goods provided by the PROVIDER after the PROVIDER has received written notice of
termination, unless otherwise required by law.
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 of Monroe County and shall be
accounted for pursuant to statutory requirements.
RECORDKEEPING
Guidance Clinic of the Middle Keys FY05; page 2
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.
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:
(a) evidence of the organization's 501(c)(3) status;
(b) a list of the organization's Board of Directors of which there must be five or more;
(c) evidence of annual election of Officers and Directors;
(d) an annual audited financial report ;
(e) a copy the organization's Corporate Bylaws, which must address the organization's
mission, board and membership composition, election of officers, and so on;
(f) a copy of the organization's Corporate Policies and Procedures Manual which must include
hiring policies for all staff, drug and alcohol free workplace provisions, equal employment
opportunity provisions, and so on;
(g) cooperation with County monitoring visits;
(h) semi-annual performance reports. These reports should include performance
measurements which will demonstrate the level of accomplishment of goals for which funding
has been provided.
(i) other reasonable reports and information related to compliance with applicable laws,
contract provisions and the scope of services that the County may from time to time request.
RESPONSIBILITIES
10. SCOPE OF SERVICES. The Provider, for the consideration named, covenants and
agrees with the Board to substantially and satisfactorily perform and carry out the duties of the
Board in rendering counsel in the matter of mental health and guidance to the citizens of the
Middle Keys, Monroe County, Florida. The Provider shall provide these services in compliance with
Florida Statutes Chapter 394. Baker Act and Marchman Act transportation services which are
covered under this agreement may be subcontracted, but are subject to the rates set forth in
Attachment C, and the limitations above. The subcontractor shall be subject to all of the
conditions of this contract, including but not limited to insurance and hold-harmless requirements,
as is the Provider.
11. ACCESS TO FUELING FACILITIES. The County shall provide access to the
Provider's vehicles at all County fueling facilities. The County shall grant the Provider a license for
the use of the real property and its improvements for each fueling site.
The Provider agrees that only those individuals authorized by the County to use the fueling
sites designated in this agreement shall have twenty-four hour access to said sites, and that they
shall either be maintained open or access otherwise provided to them by a uniform key system on
such a twenty-four hour basis.
Guidance Clinic of the Middle Keys FY05; page 3
The County shall bill the Provider for fueling and other related services and materials
utilized by the Provider at the fueling sites within the County's immediate control and as
previously set forth in this agreement. Said billing by the County to the Provider shall include an
administrative surcharge, as adopted by the Monroe County Board of County Commissioners
annually, for processing, servicing, and handling. The Provider shall reimburse the County within
thirty (30) days of the date of issuance of the bill.
Access to the Fuel Sentry System shall be provided by an electronic memory key, which
shall be issued by the County to all authorized designated users of the fueling sites, and as
contemplated by this Agreement. For purposes of uniformity, the Monroe County Fleet
Management Department shall be responsible for establishing a uniform electronic key system for
use by both the County and the Provider under this agreement, and shall establish and maintain
policies and procedures for identification, control, and distribution of all keys issued.
12. 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'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 of Monroe County.
13. 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.
14. 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.
15. 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.
16. 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
17. 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
Guidance Clinic of the Middle Keys FY05; page 4
this agreement and shall entitle the Board to terminate this contract immediately upon delivery of
written notice of termination to the PROVIDER.
18. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure
that all professionals have current and appropriate professional licenses and professional liability
insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state
and/or federal certification and/or licensure of the PROVIDER'S program and staff.
19. 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 a
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. 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 of
race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20
USC ss. 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 USC 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 (PL 92-255L 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 (PL 91-616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, 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 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. 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
20. 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.
21. 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.
22. 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
Guidance Clinic of the Middle Keys FY05; page 5
23. 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.
24. 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.
25. NON-WAIVER OF IMMUNITY. Notwithstanding the provIsions of See. 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.
26. 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.
27. 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
28. 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.
29. 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.
30. 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.
31. 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
Guidance Clinic of the Middle Keys FY05; page 6
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.
32. 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.
GENERAL
33. 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.
34. NOTICE. Any notice required or permitted under this agreement shall be in writing
and hand-delivered or mailed, postage pre-paid, by certified mail, return receipt requested, to the
other party as follows:
For Board:
David P. Owens, Grants Administrator
1100 Simonton Street
Key West, FL 33040
and
Monroe County Attorney
PO Box 1026
Key West, FL 33041
For PROVIDER
Jamie Pipher, Executive Director
Guidance Clinic of the Middle Keys, Inc.
3000 41st Street
Marathon, Florida 33050
35. 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.
36. 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.
Guidance Clinic of the Middle Keys FY05; page 7
37. 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.
38. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the
parties hereto with respect to the subject matter hereof and supersedes any and all prior
agreements with respect to such subject matter between the PROVIDER and the Board.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
GUIDANCE CLINIC OF THE MIDDLE KEYS, INC.
(Federal ID No.
)
Witness
By
Witness
President
Guidance Clinic ofthe Middle Keys FY05; page 8
ATTACHMENT A
EXPENSE REIMBURSEMENT REQUIREMENTS
This document is intended to provide basic guidelines to Human Service Organizations, county
travelers, and contractual parties who have reimbursable expenses associated with Monroe
County business. These guidelines, as they relate to travel, are from Florida Statute 112.061.
A cover letter summarizing the major line items on the reimbursable expense request needs to
also contain a notarized certified statement such as:
"I certify that the attached expenses are accurate and in agreement with the records of
this organization. Furthermore, these expenses are in compliance with this organization's
contract with the Monroe County Board of County Commissioners."
Invoices should be billed to the contracting agency. Third party payments will not be considered
for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the contract.
This document should not be considered all-inclusive. The Clerk's Finance Department reserves
the right to review reimbursement requests on an individual basis. Any questions regarding these
guidelines should be directed to 305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter-company allocations are not considered
reimbursable expenditures unless appropriate payroll journals for the charging department are
attached and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If
a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate,
total hours worked, withholding information and payroll taxes, check number and check amount.
If a Payroll Journal is not provided, the following information must be provided: check amount,
check number, date, payee, support for applicable payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for reimbursement.
For overnight or express deliveries, the vendor invoice must be included.
Rents, Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance payments are not
allowable expenses.
Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for reimbursement. The
log must define the date, number of copies made, source document, purpose, and recipient. A
reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a
sample of the finished product are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
Telefax, Fax, etc.
Guidance Clinic of the Middle Keys FY05; page 9
A fax log is required. The log must define the sender, the intended recipient, the date, the
number called, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the caller, the
telephone number, the date, and the purpose of the call.
Travel Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel
Expenses. Travel must be submitted in accordance with Florida Statute 112.061. Credit card
statements are not acceptable documentation for reimbursement. If attending a conference or
meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger
receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail.
Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented
with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example,
taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is
considered a reimbursable travel expense at the destination. Airport parking during a business
trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room
must be registered and paid for by traveler. The County will only reimburse the actual room and
related bed tax. Room service, movies, and personal telephone calls are not allowable expenses.
Meal reimbursement 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 2
p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement.
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 form one's home to the airport
for a business trip is not a reimbursable expense.
Non-allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay expenditures (unless
specifically included in the contract), contributions, depreciation expenses (unless specifically
included in the contract), entertainment expenses, fundraising, non-sufficient check charges,
penalties and fines.
Guidance Clinic ofthe Middle Keys FY05; page 10
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for (Organization name) for the time period
of to
Check # Payee Reason Amount
101 Company A Rent $ X,XXX.XX
102 Company B Utilities XXX.XX
104 Employee A P/R ending 05/14/01 XXX.XX
105 Employee B P/R ending OS/28/01 XXX.XX
(A) Total $ X.XXX.XX
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX
(D) Total contract amount $ X,XXX.XX
Balance of contract (D-C) $ X.XXX.XX
I certify that the above checks have been submitted to the vendors as noted and that
the expenses are accurate and in agreement with the records of this organization.
Furthermore, these expenses are in compliance with this organizations_ contract with
the Monroe County Board of County Commissioners and will not be submitted for
reimbursement to any other funding source.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this _ day of 2001
by who is personally known to me.
Notary Public
Notary Stamp
Guidance Clinic of the Middle Keys FY05; page 11
ATTACHMENT C
Attachment C, copy of subcontract for Baker Act Transportation services, will be submitted
for Commission approval at a later date. No Baker Act Transportation invoices will be paid
until Attachment C is approved.
Guidance Clinic of the Middle Keys FY05; 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 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."
Guidance Clinic of the Middle Keys FY05; page 13
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
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 or employee.
(signature)
Date:
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this
day of
,20_,
NOTARY PUBLIC
My commission expires:
OMB - MCP FORM #4
Guidance Clinic of the Middle Keys FY05; page 14
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a 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
violations.
3. Gives each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (i), notifies the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide by
the terms of the statement and will notify the employer of any conviction of, or plea of guilty or
nolo contendere 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, 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 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
(Signature of Respondent)
COUNTY OF
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
day of
,200_.
My commission expires:
Guidance Clinic of the Middle Keys FY05; page 15