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FY2003 10/16/2002 . Cleltl Of die Circul Coun Danny L. Kolhage Clerk ofthe Circuit Court Phone: (305) 292-3550 FAX: (305)295-3663 e-mail: phancock@monroe-clerk.com Memorandum TO: Jennifer Hill, Director Management Services ATTN: Dave Owens Grants Management FROM: Pamela G. Han~ Deputy Clerk cy DATE: October 22, 2002 At the October 16, 2002, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Fiscal Year 2003 Funds Agreement between Monroe County and Historic Florida Keys Foundation, Inc. to provide funding. Fiscal Year 2003 Funds Agreement between Monroe County and Monroe Council of the Arts Corporation d/b/a Florida Keys Council of the Arts to provide funding. Fiscal Year 2003 Agreement between Monroe County and Rural Health Network of Monroe County, Florida, Inc. to provide primary health care in Monroe County. Certificate of Acceptance of Subgrant Award No. 03.CJ.5A-1l-54-01-110 between Monroe County and the Florida Department of Law Enforcement for the project entitled: Parents Who Care Substance Abuse Prevention I. Fiscal Year 2003 Agreements between Monroe County and Human Service Organizations funded by the County, for which funding recommendations are made by the Human Services Advisory Board. The Agreements are as follows: American Red Cross of Greater Miami and the Keys to provide direct services to the citizens of Monroe County, such as disaster assistance, emergency communications, and health and safety training, in the amount of $19,590.00; Big Pine Key Athletic Association, Inc. to provide funding for youth programs for children of Monroe County, in the amount of $40,000.00; Boys and Girls Club of the Keys Area, Inc. to provide funding for facilities and services for recreational use and social functions of the community in a wholesome environment free from drugs and alcohol, in the amount of $31,000.00; Care Center for Mental Health of the Lower Keys, Inc. annual appropriation that provides funding for mental health and guidance services for Monroe County Citizens, in the amount of $195,189.00; Caring Friends for Seniors, Inc. provides funding to perform companionship and related services to elderly persons living - - -----_._---_.~._--~---~-.._--_. --.--- --.-- in Monroe County, student organizations are matched with senior citizens to bridge the gap between generations, in the amount of $10,000.00; Domestic Abuse Shelter, Inc. provides funding to perform services such as shelter, counseling and other appropriate services to battered spouses, in the amount of $29,022.00; Florida Keys Children's Shelter, Inc. provides funding to perform services such as shelter, and early intervention and prevention programs for youths and their families, in the amount of $35,020.00; Florida Keys Outreach Coalition, Inc. provides funding to perform services such as shelter, and other services for homeless persons in Monroe County, in the amount of $19,928.00; Guidance Clinic of the Upper Keys, Inc. provides funding to perform mental health services such as counseling in Monroe County, in the amount of $92,961.00; Helpline, Inc. provides funding for crisis intervention and referral services, in the amount of $12,400.00; Hospice of the Florida Keys, Inc. provides funding for medical psychological, physical, and social needs of terminally ill persons and their families in Monroe County, in the amount of $40,000.00; Literacy Volunteers of America. Monroe County, Inc. provides funding for literacy training of citizens of Monroe County, in the amount of $6,200.00; Monroe Association for Retarded Citizens, Inc. provides funding for services for retarded citizens of Monroe County, in the amount of $48,370.00; PACE Center for Girls of Monroe County, Inc. provides funding for educational services for at. risk adolescent girls and young women of Monroe County, in the amount of $22,250.00; Rural Health Network of Monroe County, Florida to provide administration and promotional activities related to the Florida KidCare Program in Monroe County, in the amount of $20,000.00; Samuel's House, Inc. provides funds for housing of women and children, in the amount of $21,283.00; United States Fellowship of Florida, Inc. provides funding for assisted living facilities with limited mental health support, in the amount of $36,911.00; Wesley House Community Center, Inc. provides funding for day care, education, and skill development services for children in Monroe County, in the amount of $48,696.00; and Womankind, Inc. provides funding for women's health care services, in the amount of $15,000.00. Enclosed is a duplicate original of each of the above mentioned for your handling. Should you have any questions please feel free to contact me. NOTE: The following are the Human Service Organizations Fiscal Year 2003 Agreements that were not received with the others: Big Brothers/Big Sisters of Monroe County, Inc. to perform and carry out children's services, including companionship and development services to young persons living in Monroe County, in the amount of $12,400.00; Catholic Charities provides funding for services such as housing assistance, housing related emergency services, soup kitchen services, distribution of used and donated furniture, and disaster recovery services, in the amount of $19,348.00; Guidance Clinic of the Middle Keys, Inc. provides funding for various mental health and transportation disadvantaged services in Monroe County, in the amount of $754,549.00; Red Ribbon Kids Foundation, Inc. provides funding for services to benefit children of Monroe County who are infected with, or affected by AIDS, in the amount of $3,100.00; and Salvation Army provides funding for emergency management and disaster recovery services, including shelter operation, in the amount of $25,00000 Cc: County Administrator w/o documents County Attorney Finance File AGREEMENT lIP tA C...('.. ...1' r..'L-'/j_~ This Agreement is made and entered into this . day of '- I ~ 1----) 'L,.r-zD02, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and GAr~ --rl ...~" "IL..'''IM.L h~/-\Lln ur Int: LUVVt:k: KEYS, INC., hereinafter referred to as "Provider." WHEREAS, the Board and the Provider desire to enter into an agreement wherein the Board contracts for services from the Provider for the rendering of mental health services to the citizens of the Lower Keys, Monroe County, Florida, and WHEREAS, the Board is vested and charged with certain duties and responsibilities relating to the mental health and guidance of the citizens of Monroe County, and WHEREAS, such services have been rendered by the Provider in the past and have been invaluable to the citizens of the Lower Keys, and WHEREAS, it is proper and fitting to enter into an agreement for services to be rendered in the forthcoming fiscal year 2002-2003, now, therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. AMOUNT OF AGREEMENT. The Board, in consideration of the Provider substantially and satisfactorily performing and carrying out the duties and obligations of the Board as to rendering counsel to the citizens of the Lower Keys, Monroe County, Florida, in matters of mental health and guidance, drug rehabilitation and providing transportation to treatment facilities as required by 394.461, F.S. for Monroe County patients, agrees to pay to the Provider the sum of ONE-HUNDRED NINETY-FIVE-THOUSAND, ONE-HUNDRED-EIGHTY-NINE AND NO/I00 DOLLARS ($195,189.00) for rendering counseling services. 2. TERM. This Agreement shall commence on October 1, 2002, and terminate September 30, 2003, unless earlier terminated pursuant to other provisions herein. 3. PAYMENT. Payment will be paid monthly as hereinafter set forth. Certified monthly financial and service load reports will be made available to the Board to validate the delivery of services under this contract. The monthly financial report is due in the office of the Clerk of the Board no later than the 15th day of the following month. After the Clerk of the Board pre-audits the certified report, the Board shall reimburse the Provider for its monthly expenses. However, the total of said monthly payments in the aggregate sum shall not exceed the total amount shown in Article 1, above, for counseling. To preserve client confidentiality required by law, copies of individual client bills and records shall not be available to the Board for reimbursement purposes but shall be made available only under controlled conditions to qualified auditors for audit purposes. The organization's final invoice must be received within sixty days after the termination date of this contract shown in Article 2 above. 4. SCOPE OF SERVICES. The Provider, for the consideration named, covenants and agrees with the Board to substantially and satisfactorily perform and carry out the duties of the Board in rendering counsel in the matter of mental health and guidance to the citizens of the Lower Keys, Monroe County, Florida, and transporting patients in Monroe County to treatment facilities in accordance with Florida Statute 394.459. The Provider shall provide these services in compliance with Florida Statutes Chapter 394. Said services shall include, but are not limited to, those services described in Provider's Details of Specific Program for Which Funding is Requested, attached hereto as Exhibit C and incorporated herein. 5. RECORDS. The Provider shall maintain appropriate records to insure a proper accounting of all funds and expenditures, and shall provide a clear financial audit trail to allow for full accountability of funds received from said Board. Access to these records shall be provided during weekdays, 8 a.m. to 5 p.m., upon request of the Board, the State of Florida, or authorized agents and representatives of the Board or State. The Provider shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General of the State of Florida, the Clerk of Court for Monroe County, an independent auditor, or their agents and representatives. In the event of an audit exception, the current fiscal year contract amount or subsequent fiscal year contract amounts shall be offset by the amount of the audit exception. In the event this agreement is not renewed or continued in subsequent years through new or amended contracts, the Provider shall be billed by the Board for the amount of the audit exception and the Provider shall promptly repay any audit exception. 6. INDEMNIFICATION AND HOLD HARMLESS. The Provider covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Provider occasioned by the negligence, errors, or other wrongful act or omission of the Provider's employees, agents or volunteers. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 7. INDEPENDENT CONTRACTOR. At all and for all purposes hereunder, the Provider is an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the Provider or any of its employees, contractors, servants or agents to be employees of the Board. 8. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the Provider shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the Provider. 9. COUNTY: COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the (a) evidence of the organization's 50l(c)(3) status; (b) a list of the organization's Board of Directors of which there must be five or more; (c) evidence of annual election of Officers and Directors; (d) an annual audited financial report ; (e) a copy the organization's Corporate Bylaws, which must address the organization's mission, board and membership composition, election of officers, and so on; (f) a copy of the organization's Corporate Policies and Procedures Manual which must include hiring poliCies for all staff, drug and alcohol free workplace provisions, equal employment opportunity provisions, and so on; (g) cooperation with County monitoring visits; (h) semi-annual performance reports. These reports should include performance measurements which will demonstrate the level of accomplishment of goals for which funding has been provided. (i) other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may from time to time request. 10. PROFESSIONAL RESPONSIBILITY AND LICENSING. The Provider shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the Provider's program and staff. 11. INSURANCE. As a pre-requisite of the services supplied under this contract, the Provider shall obtain, at its own expense, insurance to cover all of its activities. 12. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or reimbursement of services shall be amended by an agreement amendment, which must be approved in writing by the Board. 13. NO ASSIGNMENT. The Provider shall not assign this agreement except in writing and with the prior written approval of the 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. 14. NON-DISCRIMINATION. The Provider shall not discriminate against any person on the basis race, creed, color, national origin, sex or sexual orientation, age, physical handicap, or any other characteristic or aspect which is not job-related in its recruiting, hiring, promoting, terminating or any other area affecting employment under this agreement. At all times, the Provider shall comply with all applicable laws and regulations with regard to employing the most qualified person(s) for positions under this agreement. The Provider shall not discriminate against any person on the basis of race, creed, color, national origin, sex or sexual orientation, age, physical handicap, financial status or any characteristic or aspect in its providing of services. 15. AUTHORIZED SIGNATURES. The signatory for the Provider below, certifies and warrants that: (a) The Provider's name in this agreement is the full name as designated in its corporate charter, if a corporation, or the full name under which the Provider is authorized to do business in the State of Florida. (b) He or she is empowered to act and contract for the Provider; and (c) This agreement has been approved by the Board of Directors of the Provider if the Provider is a corporation. 16. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand-delivered or mailed, postage pre-paid, by certified mail, return receipt requested, to the other party as follows: For Board: David P. Owens, Grants Administrator Gato Building . 1100 Simonton Street Key West, FL 33040 and Monroe County Attorney PO Box 1026 Key West, FL 33041 For Provider: Marshall Wolfe, Executive Director Care Center for Mental Health of Lower Keys, Inc. 1205 Fourth Street Key West, FL 33040 17. CONSENT TO JURISDICTION. This agreement shall be construed by and governed under the laws of the State of Florida and venue for any action arising under this agreement shall be in Monroe County, Florida. 18. NON-WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the Provider shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 19. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the Provider. The Board shall not be obligated to pay for any services or goods provided by the Provider after the Provider has received written notice of termination, unless otherwise required by law. 20. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. 21. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the Provider and the Board. IN WITNESS WHEREOF, the parties hereto have caused these presents to be execut~:as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA G~ eputy Clerk By By ~ (Federal ID No. 51- d331~Li>a) 0 ~:) u:: (,-, C:J () ( " LJ 0::: ft,;:~:.;: e::: C) (, .J L - C\.J C"1 f .- l ) W C) _J "",1 lL. , '" c'......., l~J '.:j By President _oj ~.~' :.:-< ~ ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from Florida Statute 112.061. A cover letter summarizing the major line items on the reimbursable expense request needs to also contain a notarized certified statement such as: "I certify that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter-company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel must be submitted in accordance with Florida Statute 112.061. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Meal reimbursement is: breakfast at $3.00, lunch at $6.00, and dinner at $12.00. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Mileage reimbursement is calculated at .29 cents per mile for personal auto mileage while on County business. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving form one's home to the airport for a business trip is not a reimbursable expense. Non-allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non-sufficient check charges, penalties and fines. ATTACHMENT B ORGANIZATION 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 2002 by who is personally known to me. Notary Public Notary Stamp ATTACHMENT C County funds will be used as match, pursuant to Florida Statute 394, for alcohol, drug abuse, and mental health outpatient services, including assessment, crisis intervention, medical services! case management, and outpatient counseling in the Lower Keys Area. Services are offered at 1205 4th Street in Key West, and counselors are at Key West High School! Horace Q'Bryant Middle School! Sugarloaf Middle School, Gerald Adams Elementary School, the Monroe County Detention Center! and the Douglass Community Center. SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE A cJd(Z ~/P 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. ~4~/i (signilfUre) or- ~/'- 0',:2.. Date: STATE OF Rb~~~~ ~'Ii'~~ COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, ~ C"~ ,~\r... ~ tJ\~, who, after first being sworn by me, affixed his/her it -a \ 6> day of signature (name of individual signing) in the space provided above on this ~~SL..~\- ,20~. ~.~ NOTARY PUBLIC My commission expires: OMB - MCP FORM #4 DEBRA GENNERS MY COMMISSION # CC 978173 EXPIRES: December 29, 2004 Bonded Thru NollllY Public Underwr1te", 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."