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Resolution 515-1991 .~ II' RESOLUTION NO. 515 -1991 C 0"\ c.:^ \"~ c '<'-:.:.:,' r , c__ t~ C. (""- CY' N C. /- -', l."... ~jJ c.::.1 c.:, W .-l .- - 9' l.I- A RESOLUTION OF THE MONROE COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE EXECUTION OF A CONTRACT BY AND BETWEEN THE GUIDANCE CLINIC OF THE MIDDLE KEYS AND MONROE COUNTY TO PROVIDE FOR THE CONTINUATION OF THE ANTI-DRUG ABUSE GRANT RESIDENTIAL / WORK RELEASE PROGRAM WHEREAS, Monroe County has been awarded $51,750.00 in Anti-Drug Abuse Grant monies to provide funding for the continuation of the Residential/Work Release Program; and WHEREAS, the Residential/Work Release Program is designed to offer drug offenders a rehabilitation program and to assist these individuals in gaining employment; and WHEREAS, the Guidance Clinic of the Middle Keys was awarded the contract for the 1990-1991 Residential/Work Release Program during the open bid process in November, 1990; and WHEREAS, the Guidance Clinic of the Middle Keys has an established program structure, including staffing requirements and other operational specifics; and WHEREAS, Monroe County has received notice that the Office of Justice Programs staff has approved a sole source request to contract the Guidance Clinic of the Middle Keys, Inc., for services on the referenced grant, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONER OF MONROE COUNTY, FLORIDA, that: 1. The Board of County Commissioners waives the county purchasing policy procedures and grants sole source approval to the Guidance Clinic of the Middle Keys; and that 2. The Mayor of the board is hereby authorized to execute a contract by and between the Guidance Clinic of the Middle Keys, Inc., and Monroe County. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of November, A.D. 1991. Mayor Harvey Yes Mayor Pro Tern London No Commissioner Jones Yes Commissioner Cheal Yes Commissioner Stormont Yes BOARD OF COUNTY COMMISSIONERS OF M~E>E C~UN~Y ~ DANNY L. :KOLHAGE, Clerk By: "~~A.I -,...... - ~ .~ ~ ~ ~ (Seal) ~.t.. ~ ." Attest: ._ ,,~JJ.", Cler I.r-:','." ,.. .,~ .-".,. " " ",' / ,# By A:' '.. ~ ' /~- _ ~"'/l/i/tJ I .- f / THE GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. ANTI-DRUG ABUSE ACT FUNDS AGREEMENT THIS AGREEMENT is made and entered this 20th day of November , 1991, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 5100 College Road, PSB - Wing II, Stock Island, Key West; Florida 33040, hereinafter referred to as "COUNTY," and THE GUIDANCE CLINIC OF THE MIDDLE KEYS, INC., a non-profit organization; whose address is 3000 41st Street - Ocean, Marathon, Florida 33050, hereinafter referred to as "GUIDANCE CLINIC." WIT N E SSE T H: WHEREAS, the Department of Community Affairs had awarded a subgrant of Anti-Drug Abuse Act Funds to the County for a Pilot ReSidential/Work Release Program; and WHEREAS, the COUNTY is in need of an implementing agency to provide professional services to drug offenders in a Residential/Work Release Program; and WHEREAS, the GUIDANCE CLINIC is the most responsible and qualified bidder; and WHEREAS, the COUNTY has agreed to disperse the Anti-Drug Abuse Act Funds to the GUIDANCE CLINIC in accordance with the Pilot Residential/Work Release Application for the Anti~Drug Abuse Act Funds. NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and the GUIDANCE CLINIC agree as follows: SECTION 1. TERM. The term of this Agreement is from November 15 , 1991, through November 14, 1992, the date of the signature by ~he parties notwithstanding, unless earlier t~rminated as provided herein. SECTION 2. SERVICES. The GUIDANCE CLINIC will provide professional services as outlined in the proposal requirements of the Request For Proposal Anti-Drug Abuse Intervention Program and the Pilot Residential Work Release Program Application for Anti-Drug Abuse Funds, attached and made a part hereof. SECTION 3. FUNDS. The total project budget to be expended by the GUIDANCE CLINIC in performance of the services set forth in Section 2 of this agreement shall be the total sum of SIXTY-NINE THOUSAND AND NO/100 DOLLARS . ($69,000.00). The total sum represents federal support in the amount of FIFTY-ONE THOUSAND SEVEN HUNDRED FIFTY AND NO/I00 DOLLARS ($51,750.00) and local matching funds of SEVENTEEN THOUSAND TWO HUNDRED FIFTY AND NO/I00 DOLLARS ($17,250.00). All funds shall be distributed and expended in accordance with the Project Budget Narrative submitted as a part of the Application for Anti-Drug Abuse Act Funds. SECTION 4. . INCORPORATION BY REFERENCE. The provisions of that certain document entitled "State of Florida Department of Community Affairs, Division of Emergency Management, Bureau of Public Safety Management Subgrant Application for Anti-Drug Abuse Act Funds" and all laws, rules and regulations relating thereto are incorporated by reference. SECTION 5. IMPLEMENTING AGENCY BOUND. The GUIDANCE CLINIC, as an implementing agency under the COUNTY's Anti-Drug Abuse Residential/Work Release Program, shall be bound by all the provisions of the documents incorporated by reference in Section 4 of this Agreement. Additionally, the GUIDANCE CLINIC shall be bound by all laws, rules, and regulations relating to the COUNTY's performance under the Department of Community Affairs Grant Program. SECTION 6. BILLING AND PAYMENT. (a) The GUIDANCE CLINIC shall render to COUNTY, at the close of each calendar month, an itemized invoice properly dated, describing the services rendered must be submitted in detail sufficient for a proper preaudit and postaudit thereof, and all other information as required by the COUNTY'S Finance Department. The original invoice shall be sent to: Office of Management and Budget Monroe County 5100 College Road PSB - Wing II - Room 209 Stock Island Key West, Florida 33040 (b) PaYment shall be made after review and approval by COUNTY within thirty (30) days of receipt of the GUIDANCE CLINIC invoice. SECTION 7. TERMINATION. This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days' written notice delivered to the other party. The COUNTY shall not be obligated to pay for any services provided by the GUIDANCE CLINIC after the GUIDANCE CLINIC has received notice of termination. In the event there are any unused Anti-Drug Abuse Act Funds, the GUIDANCE CLINIC shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. SECTION 8. ACCESS TO FINANCIAL RECORDS. The GUIDANCE CLINIC shall maintain appropriate financial records which shall be open to the public at reasonable times and under reasonable conditions for inspection and examination and which comply. with the Agreement incorporated in Section 4 of this Agreement. SECTION 9. AUDIT. The GUIDANCE CLINIC shall submit to the COUNTY an audit report covering the term of this Agreement within one-hundred twenty (120) days following the Agreement's lapse or early termination and shall also comply with all provisions of the Agreement incorporated in Section 4 of this Agreement. SECTION 10. NOTICES. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, and sent to: FOR THE COUNTY: Pamela S. Womack Director, Office of Mgmt. & Budget 5100 College Road PSB - Wing II - Room 209 Stock Island Key West, Florida 33040 FOR THE GUIDANCE CLINIC: David P. Rice, Ph.D. The Guidance Clinic of the~iddle Keys 3000 41st Street - Ocean_ Marathon, Florida 33050 Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. SECTION 11. UNAVAILABILITY OF FUNDS. If the COUNTY shall learn that funding from Florida Department of Community Affairs cannot be obtained or cannot be continued at a level sufficient to allow for the services ' specified herein, this Agreement may then be terminated immediately, at the option of the COUNTY, by written notice of termination delivered in person or by mail to the . GUIDANCE CLINIC at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the GUIDANCE CLINIC after the GUIDANCE CLINIC has received notice of termination. SECTION 12. COMPLIANCE WITH LAWS AND REGULATIONS. In providing all services pursuant to this Agreement, the GUIDANCE CLINIC shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to the GUIDANCE CLINIC. If the GUIDANCE CLINIC receives notice of material breach, it will have thirty (30) days in order to cure the material breach of the contract. If, after thirty (30) days, the breach has not been cured the contract will automatically be terminated. SECTION 13. ASSIGNMENTS. Neither party to this Agreement shall assign this Agreement, nor any interest arising herein, without the written consent of the other. SECTION 14. EMPLOYEE STATUS. Persons employed by the GUIDANCE CLINIC in the performance of services and functions pursuant to this Agreement shall have no claim to pension, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the COUNTY's officers and employees either by operation of law or by the COUNTY. The GUIDANCE CLINIC warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and ma~ also, in its discretion, deduct from the contract, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. SECTION 15. INDEMNIFICATION. The GUIDANCE CLINIC agrees to hold harmless, indemnify, and defend the COUNTY, its commissioners, officers, employees, and agents against any and all claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or related to the provision of services hereunder by the GUIDANCE CLINIC. SECTION 16. ENTIRE AGREEMENT. (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. . . IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed at , Monroe County, Florida, on the date and year first written above. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By (Seal) Attest: DANNY L. KOLHAGE, Clerk DAVID P. RICE, Ph.D. The Guidance Clinic of the ~~ _~ ~m~ / itness ... . j. . '.IV. PROPO: \, 1:QUlREMENTS (1) To provide Statement of Qualification to include a de- scription of the staff organization of the firm God faciliey. (2) To provide diagnostic services, psychosocial assess- ments, CAse manAgement services, trackinq, and shor~-ce~ coun~elin9 in a residential drug treatment program. (3) To provide employment assessment and assist in the CQor- aination of appropriate employment reforral. I (4) Establi$h fiscal con~rol and fund accounting procedures to assure proper disbursement and accounting of subgrane funds and required.non-federal expenditures. , . (5) Submit at a minimum: Quarterly Performance Repores, Annual Perfor.mance Report and Monthly Financial Claim Re- ports.. . (6) Retention of all records/financial documents for a mini- mum of . three years. (7) Thirty day commenoement of project upon award of con- tract by ~he Monroe County BOArd of County Commi$sion~rs. , (8) Provide full disclosure reqarding administrative ac- tions against the individual or firm by the seate of Florida. (9) A m1nim~ of three (3) ~eds shall be providea. (lO) Co~plete Non~CollusiQn Affidavit. See attached copy. (ll) Assurance of the bidder's ability ~o meet criteria for contracting with a local governmen~ unic if selec~ed, which includes: . a. : TO provide proof of Protessional Liability Insurance with minimum limits of $1,000,000 ana General Li~ility wi~h minimum limits of $1,000,000 b. ' Indemnification and Hold Harmless. Vendor agree$ ~o indemnify and hold Monroe County harmless from any and all. clatms, liabili~y, losses and caUSes of ac~ion which may arise out of the fulfillment of the a9r~e- ment. The Vendor agrees to pay all claims and losses and shall defend all suits filed due to the neglig~nt acts, errors, or omissions of its cmployee~ and/or agents, including rela~ed cour~ co~ts. 4 t'"., I ~.' \. . e. Statement on Public Entity Crimes. At the ~ime of contract finalization, ehe Vendor will supply a no~a- rized SWORN STATEMENT UNDER Section 133(3)(j), FLORIDA S'rA'lVrES ON PUSLIC ~I'fi CRIMES. 5 , , , I' ) ( ". ..... ~ ilJ 't '-;L., :. 1\..1 "" U. ".L t"..:.. .... ,.' ,"ORN STATEMD\T Ur-:OER SECTI0~ W.13J(J)(u), FLORIDA STATUTES. ON PUlSUC ENTITY ClUMES nUs FOR.\f MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUDLIC OR OTHER OFFICER AUTHORIZED TO ADMlNlSTER OATHS. nus swom statement is suntiucd wilh Bid, Proposal or Conlnct No. tor Anti-Drug Abuse Intervention Program , " - 2. 1'hiS sworn statemenl is sublllitted by The, Guidance .Clinic of the Middle Kevs, Inc. lUIDtI of enlSty luDlDJWIlI swom ~ta&emeqt) b. ft.l..f_ . 3000 41st St. Ocean, Marathon, FL 33050 wbose usmess ~ess 1.1_ 1. and (If appUc:a1)le) its. Fedcn1 ~ploye.r l:1ent:i&:atioll Number (FmN) is 59-1458324 (It the entity bas DO FEIN, mClude the Soci.a1 Security Number of the individual signing this ,~'Q:n stateccnt: .) 3. David p, ~ice, Ph.D. My name is (please prilu name ollDdiriduaJ sipiDaJ cctity named above is Chief Executive Officer I understand that a .public entity aime. as dc:1iDed in Paragraph 287.133(1)(g), ~"ridp Statutes. means a \'iolauon of any state or.fcdc:a1l&w by a person With respect to and c1ircClly retate4 to tllc transactiOn at busmess with any public: enul}' or with an agency or political SUbdivision of any other state or With me United Stat~, inc1UdU1I, but COt limited to. any bid or contract tor goods or services to be prcMdtd to any public entity or an agency or political subdivision ot an)' Ot~er state or of the Unlled SEates and involving 3J1tfU'USt, !laud, theft, bribery, collusion, racUcluring, colUpi!'3cy, or material misteprc:s~tation. and my relationship to the 4. $. I undenta:1d that '"co:wictcd. or '"COnviction- as detlnec1 ill Pa:alfaph 281.133(1)(b),.Eorida St3tUt~. means a findfn~ ot guilt or a conViCtion of a public eatity cOme, wim or WithOut an adju4iC3tion of gui11, in all)' federal or stlte trial coun of "record relating to chules brou,Dt by Indictment or intomution alter July 1, 1989, as i\ result of a jury ven1iCl, conjury trial, 0: e:wy ot a plea ot guilty or nolo c:ontenc!ere. 6. I unde~Und that 3n .atlIlfatc. as c1ct!ned in Paragraph 287.133(1)(3), Florida Staant$. means: 1. A predee:ssor or suc:ccssor of a person COnvicted ot a public entity crime: or 2. An entity under the: control of any natura) pe%Son wbo is active in the managemect ot the entity and who has bee.u com;cted of a public entity crime. The term .atmiate. iD=lu~ tllO$e omeen. dir~ors, executives. partners, shareholders. employees, membca. .uc1 agents who are active in the manalcment of an affiliate. The ownczship by ODe person ot sUres C4DSlitutiAl a controlling lnterC$t in another person, or a pooling ot eqUipmellC or income among persons when not for fair m;srJcer value under an ann's 1eneth agreement, sball be a prima lade: CLSe that one penon controls :anOther person. A person who kDowin:ly enters into a jOint VCDtur!: wiUl a person who has been convicted of a public CQt:;y crime in Floric:1a dUflJl1 the preceding 36 ."lOntl'.,s shaU be considered 3n aCfiliate. 7. A underst:md that I .person- as detiued in P3fagrapb 287.133(1)(e), FlOrida $tatl1f~s me3ns any natural pe~on or enti~ organized under the J3W1 of any st.ne or ot the UnlleG SUtl~ wit" the I~gal power to enter into a binding COntract and whiCh bids or :lpplie.s to bid on COntr:u:'tS for the: prOvision of !!ond.s or service:. let b~' a pUblic entity, or which o:herwLsc tnns:lCtS or :applies to :!':UUJCt business ~ith a pl:!>!ic entity. The tcr:n "?enon" incl~~t".s those oCtlcers, directors, e~eculi\'es, parl:'ler~, ~h3reh()iders. employees. mcmtlers, and acentS wh~ ale ~ctjyc in m3D3,crnenl oC :In entity. 8. B3sed 0:\ inform.uian ~nd belie!. lhe S~Ic:me:\l whic:h J l'I~yc m:srked below is true in r~liltion 10 Ilu: eflli[}' sUllInming In::; !worn $IalC",CI:I. r Plc.us(' illdiauc Whid15turt'men! Applies.} I :~ ---L ~ell . eatny SubmlUlnl tbis sworn Ultt:rMnt, DOr lay oftlccn on. eJCCCUlI\'CS. . ' partners, Slu","u\I,den. empl~ecs. members, or aJefttS wbo arc actlYC i.1! manatc:mc:nl ot Ole catity. nor any ,'fihale ot the enliry have M~n cb.afJed with aDd convicted ot 3 public enllt). crimc subsequent to July 1. 1m. - The entity lubD'lltune tbls SWOrD s~temenl. or One or more ot the octlC4:tS. directors. ( executives. palmers. sharchoJdcn. empJoycc:.1. members, or agents who Irc 3ctl\ll: in management .of the CSldty. or an IttUi.1te of the "liry h:U been charleel with &Dd coaYic:tc4 of a public eatity crime SUbscqucnllO Jwy 1~ 1989. ~ [PIMM 1cuUcala wb&cb 44dltfonaj statemCDt applJes.J .- , 'There has bClen a procccdinl c:onCClDiDI the muric:tion before a hearing' officer or tbe Slare or Roricla. Division ot Administrative HearinlS. The anal order cIuered by lbe heuiA. otJk:er did not place the ~D or atfi1i.1lC 011 the canYiacd vCDdor list. [Pk:ase attada I COP1 or me ao.1 order.) . _ The person or a.mtialC was p~ OD Ule corlYiaccl vendor list. There has bc.cn a .NbSequenr procee41nC belore a hcariD& omcer Of l.Iac Swe at Florida, 'Division . of A4ministr2tive Hc:ari1igs. The tina1 orc1et CDtered by Ulc hearing of1ia:r dctermi:Icd thaI it was in the public inrcrest to remove tho penon or aff'f1iAte from the mnviaed vendor lisL [please actach a mp1 or the tmat order.). . _ The pczscn or af:lliatc ~ nOl bc:cJ: placed Q.a the .convicted vendor list. [PleASe deseribe Any aC'don mk.ell by or pcDdln. Mill the JlqArr:m.cnt or GcnenalSemces.j ,{[)d:~~ t lst&J1A&ureJ o:uc: /2-11c-C/1 STATE OF Florida l'fonroe ( COL"Nn" OF PERSONAU.Y APPEARED BEFORE ME. the lUldorsipcd &UU1ority, David P. Rice, Ph.D. (eam. ot Jndbidua! stl'ft1n&J in me space provfd=1 above on this who. atw ftrst bemg.swom -by me. L~ his/her sign~turt lfo day or ~c.. 19 q, ~ \ ~~~k - NOTAR~ PUBU(~ . . My coccU.ssioQ expires: tn r.: r-:;': or <, ,c ..~: CT ;C!..C~ID,!\ ~~,L;:'.~ ';j\~/G~;,~;L\L;~f;s. ?ui~5:'4 NOTARY 'U8L'Co STATt OF' FlORIDA MY COMMfSSION EA;>.'d:S M:~R. 2. 19t1. eOHDED '"1111 "O1'~.." ,."....0 IIHDE".IIIfEII., . . For;;l PUR 7068 (Rev. 1118!)) c 11 DELIVERY INVOICE .lsti1lul Company. ST. PAUL FIRE & MARINE INSURANCE COMPANY I N S THE GUIDANCE CLINIC OF THE U MIDDLE KEYS, INC. R P.O. BOX 2646 E MARATHON SHORES FL 33050 D Policy Inception/Effective Date: 06/30/91 Agency Number: 3902006 Transaction Type: POLICY IS NEW Transaction number: 001 Processing date: 09/23/91 09:46 Policy Number: FG06800081 A THE INSURANCE EXCHANGE G 1518 WASHINGTON ST E COLUMBIA SC 29201 N T Policy Number Description Amount Surtax/ Surcharge FG06800081 FG06800081 FG06800081 GENERAL LIABILITY POLICY MEDICAL PROFESSIONAL LIABILITY POLICY PREMIUM PAYMENT PLAN SERVICE CHARGE $5,275.00 $9,930.00 $426.00 40724 Ed. 12-90 Printed in U.S.A. Page 1 INSURED COPY PROfESSIONAL L1AE 'ROTECTION COVERAGE SUMMARY .I!6lul . This Coverage Summary shows the limits and extent of coverage under your Professional Liability Protection. Limits Of Coverage Your employees and volunteer workers share in the limits of liability. Each person limit $ 1.000.000 $ 1.000.000 Total limit Profession: MENTAL HEALTH AND SUBSTANCE ABUSE INPATIENT AND OUTPATIENT COUNSELING (CLASS CODES 73714/99024/99027) Who's Protected Under This Agreement Class Code Individuals Retroactive date Deductible Class Code Organizations THE GUIDANCE CLINIC OF THE MIDDLE KEYS. INC. Retroactive date 06/30/86 Deductible $ 0 Name of Insured THE GUIDANCE CLINIC OF THE Policy Number FG06800081 Effective Date 06/30/91 Processing Date 09/23/91 09: 46 001 43544 Ed.1-85 Printed in U.S.A. Coverage Summary cSt.Paul Fire and Marine Insurance Co.1985 All Rights Reserved Page 1 of 2 HEAlfH CARE FACI lMMERCIAL GENERAL LIABILITY PROTECTION COVERAGE SUMMARY This Coverage Summary shows the limits of coverage that apply to your Health Care Facility Commercial General Liability Protection. It also lists those endorsements, if any, that must have certain information shown for them to apply. .sstiliul Limits Of Coverage Deductibles Each event limit. Fire damage limit Medical expenses limit $1,000,000 $50,000 $5,000 Personal injury and advertising injury limit. $1,000,000 Total limit. $1,000,000 The Limits Of Coverage section explains how these limits apply. The following deductibles apply only if deductible amounts are shown. Bodily injury deductible. Personal injury and advertising injury deductible. Total deductible. The Deductibles section explains how these deductibles apply. Type of Facility: MENTAL HEALTH AND SUBSTANCE ABUSE INPATIENT AND OUTPATIENT COUNSELING IMPORT ANT NOTE Retroactive Date: 06-30-86 The retroactive date applies only if the Health Care Facility Commercial General Liability Protection - Claims-Made insuring agreement is a part of this policy. However, if no date is shown above and the claims-made agreement applies, we'll consider the retroactive date to be the same as the beginning date of this policy. Named Endorsement Table Important Note: Only endorsements that must have certain information shown for them to apply are named in this table. The required information follows the name of each such endorsement. Other endorsements may apply. If so, they're listed on the Introduction, along with these endorsements. Name of Insured THE GUIDANCE CLINIC OF THE Policy Number FG06800081 Effective Date 06/30/91 Processing Date 09/2 3 / 91 09 : 46 001 43657 Ed.1-86 Printed in U.S.A. eSt.Paul Fire and Marine Insurance Co.1985 Coverage Summary Page