Agenda 10/25/2016 Item #16D 6 16D 6
10/25/2016
EXECUTIVE SUMMARY
Recommendation to approve an agreement with the David Lawrence Mental Health Center to
govern the allocation of the state mandated match for FY 17 in the amount of$1,649,400.
OBJECTIVE: To provide behavioral and substance abuse services to the community.
CONSIDERATIONS: The David Lawrence Center (DLC) is the only not-for-profit mental health
facility in Collier County. DLC is funded, in part, via state contracts for the provision of mental health
and substance abuse services. Pursuant to Florida Statute, Section 394.76(9) (a) and (b), a commitment
has been made to provide funding in the amount of$1,649,400 to DLC.The proposed agreement requires
that DLC provide adult and children's mental health and adult substance abuse services to citizens of
Collier County.The contract period is from October 1,2016 through September 30,2017.
In FY 2016 DLC received funding from the County in the amount of $1,384,800 for state mandated
services. The increase of $264,600 in funding this fiscal year represents an additional allocation for
needed services due to expanding demand that was approved by the Board of County Commissioners in
September 2016.
FISCAL IMPACT: The total amount of$1,649,400 for service agreement, has been appropriated in the
FY 17 budget under the general fund(001).
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval -JAB
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
executive summary.
RECOMMENDATIONS: That the Board of County Commissioners approves and authorizes the
Chairman to sign the agreement with David Lawrence Mental Health Center for a total amount of
$1,649,400 for FY 17.
Prepared by: Lisa N. Carr,Grants Coordinator,Community and Human Services
ATTACHMENT(S)
1.David Lawrence Center 2016/2017 State Mandate Contract (PDF)
Packet Pg.1487
16.D.6
10/25/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.6
Item Summary: Recommendation to approve an agreement with the David Lawrence Mental
Health Center to govern the allocation of the state mandated match for FY 17 in the amount of
$1,649,400.
Meeting Date: 10/25/2016
Prepared by:
Title: Grants Coordinator—Community&Human Services
Name: Lisa Carr
09/27/2016 3:46 PM
Submitted by:
Title: Division Director-Cmnty&Human Svc—Public Services Department
Name: Kimberley Grant
09/27/2016 3:46 PM
Approved By:
Review:
Public Services Department Kimberley Grant Level 1 Sim.Reviewer 1-8 Completed 09/29/2016 8:50 AM
Public Services Department Amanda O.Townsend Level 1 Sim.Reviewer 1-8 Completed 10/03/2016 9:20 AM
Community&Human Services Lisa Oien Level 1 Sim.Reviewer 1-8 Completed 10/04/2016 9:51 AM
Community&Human Services Maggie Lopez Level 1 Sim.Reviewer 1-8 Completed 10/04/2016 11:04 AM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 10/04/2016 11:11 AM
County Attorneys Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/04/2016 11:31 AM
Grants Erica Robinson Level 2 Grants Review Completed 10/04/2016 12:51 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/04/2016 1:16 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/04/2016 2:36 PM
Grants Therese Stanley Additional Reviewer Completed 10/04/2016 2:41 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/05/2016 8:40 AM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 10/14/2016 1:03 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM
Packet Pg. 1488
16.D.6.a
THE COLLIER COUNTY BOARD OF COUNTY COMMISIONERS
AND
DAVID LAWRENCE MENTAL HEALTH CENTER,INC.
THIS CONTRACT is made and entered into by and between Collier County, a political subdivision of the State of
Florida, hereinafter referred to as "COUNTY" and David Lawrence Mental Health Center, Inc. d/b/a David Lawrence
Center,a private nonprofit corporation existing under the laws of the State of Florida,hereinafter referred to as"DAVID 3
LAWRENCE CENTER" or"CONTRACTOR".
WHEREAS,COUNTY believes it to be in the public interest to provide substance abuse and mental health services to the m
Collier County residents through the DAVID LAWRENCE CENTER according to this Contract, and NOW
THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein COUNTY and U
the DAVID LAWRENCE CENTER agree as follows: a,
ARTICLE I SCOPE OF SERVICES u
m
Provision of substance abuse and mental health services programs must be implemented to serve residents of Collier 3
County in accordance with Chapters 394 and 397,Florida Statues,and all exhibits hereto. J
to
ARTICLE II TERM OF CONTRACT
rn
This Contract shall begin October 1, 2016 and end September 30, 2017 unless terminated as specified in Article IX, N
Suspension/Termination.
U
CC
ARTICLE III COMPENSATION AND REPORTS
U
R
A. Contract Payment
The County shall pay the Contractor for the performance of this Agreement and the total amount of One Million, Six 2
Hundred Four Nine Thousand, Four Hundred dollars, ($1,649,400), based on the submission of the required quarterly
report(Attachment A). Quarterly payments of$412,350 will be made upon receipt of a proper quarterly invoice and in
compliance with Section 218.70 Florida Statues, otherwise known as the "Local Government Prompt Payment Act." [--
Collier
-
Collier County reserves the right to withhold and/or reduce an appropriate amount of any payments for work not N
performed or for unsatisfactory performance of Contractual requirements. cfl
The Contractor shall submit quarterly progress reports to the Community and Human Services Department on the 30th
day of the month following the reporting quarter. The progress report format is outlined in Exhibit 2 and the reporting c
schedule is cited below. v
m
— U
Quarter Service Dates Report Due
1st Quarter October 1-December 31 January 30th
J
2ndt Quarter January 1-March 31 April 30th
3rd Quarter April 1-June 30 July 30th ❑
4th Quarter July 1-September 30 October 30th
E
U
cC
All requests for payment shall be submitted in accordance with Exhibit 1. Funding is contingent upon the availability of
funds. The COUNTY has agreed to purchase service(s)listed in Article I.
Page 1 of 12
(32\
Packet Pg. 1489
16.D.6.a
Deferred Payment/Return of Funds
If, as a result of monitoring or audit, clients counted are not properly documented, a payment may be deferred. If
Contractor cannot provide appropriate documentation in order to determine the accuracy of the number of qualifying
clients submitted by the Contractor,or if audit by County indicates that the number of clients served may be less than the
minimum required for the Contract period under Article IIIB no future payment will be made until the full amount of
overpayment is remitted to the COUNTY or a repayment agreement is accepted by the COUNTY. The overpayment will
be calculated on a pro rata basis. If the monitoring or audit occurs after the term of this contract, the DAVID
LAWRENCE CENTER will be required to remit funds to the COUNTY in accordance with the repayment conditions 03
below.
ca
The DAVID LAWRENCE CENTER agrees to return to the COUNTY any overpayments due to funds disallowed N
pursuant to the term of this Contract and/or COUNTY, State or Federal requirements. The DAVID LAWRENCE a,
CENTER will be required to reimburse the COUNTY for any acts of non-compliance resulting in disallowed costs or m
fines. U
CD
U
B. Contract Deliverables
1. Clients Served ca
The David Lawrence Center will serve a minimum of 5,932 nonduplicated Collier County residents/clients with at least 1
unit of service,as defined by F.A.C.65E-14 during the contract period.
2. Required Reports
N
EXHIBIT 1-Payment Request-Due: Quarterly by the 30th of the following month.
U
EXHIBIT 2-Performance Outcomes Report-Due: As indicated on Exhibit 2:
v
Certificate of Insurance-Submitted annually and 30 days prior to expiration and for changes,per Article VIII B. a,
For all reports except the Exhibit 1 (Payment Request),either an email or hard copy of reports is acceptable. The Exhibit 3
1 (Payment Request) must have original signatures. Other reports requiring signatures can have an electronic signature 2
or a scanned copy of the report with signature. °'
ca
3. Required Documents
Audited Financial Statement and Management Letter for fiscal year(s) in which contract funds are expended-Due date:
Non profits-180 days following the end of the DAVID LAWRENCE CENTER'S fiscal year(s); c
Monitoring Reports-A copy of monitoring reports issued from other sources as they are issued. a�L,
a)
m
ARTICLE IV AUDITS,MONITORING,AND RECORDS
A. Monitoring and Corrective Actions The COUNTY will conduct an annual financial and programmatic review.
The CONTRACTOR agrees that COMMUNITY AND HUMAN SERVICES will carry out no less than one (1) annual on- :°
site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion,a desk top review of p
the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon
satisfactory evaluations as determined by COMMUNITY AND HUMAN SERVICES. The CONTRACTOR shall,upon the
request of COMMUNITY AND HUMAN SERVICES, submit information and status reports required by COMMUNITY t9
AND HUMAN SERVICES to enable COMMUNITY AND HUMAN SERVICES to evaluate said progress and to allow for Q
completion of reports required. The CONTRACTOR shall allow COMMUNITY AND HUMAN SERVICES to monitor the
CONTRACTOR on site. Such site visits may be scheduled or unscheduled as determined by COMMUNITY AND
HUMAN SERVICES. The COUNTY will monitor the performance of the CONTRACTOR based on goals and
Page 2 of 12
CQ'
O
Packet Pg. 1490
16.D.6.a
performance standards as stated with all other applicable federal,state and local laws,regulations,and policies governing
the funds provided under this contract. Substandard performance as determined by the COUNTY will constitute
noncompliance with this Agreement.If corrective action is not taken by the CONTRACTOR within a reasonable period of
time after being notified by the COUNTY, contract suspension or termination procedures will be initiated.
CONTRACTOR agrees to provide the COUNTY's internal auditor(s) access to all records related to performance of
activities in this agreement.
a
Corrective Actions Corrective action plans may be required for noncompliance,nonperformance,or
unacceptable performance under this contract.Penalties may be imposed for failures to implement or to make acceptable cu
2
progress on such corrective action plans.
B. Audits and Inspections co
The DAVID LAWRENCE CENTER will make all records referenced in Article IV.C, and all items included on financial c
statements available for audit or inspection purposes at any time during normal business hours and as often as COUNTY C�
deems necessary.
The Clerk of Courts Internal Audit Division, the Federal or State grantor agency (if applicable), Collier County
Employees, or any of their duly authorized representative have the right of timely and unrestricted access to any books, 2
documents, papers, or other records of DAVID LAWRENCE CENTER or Certified Public Accountant (CPA) that are -0
pertinent to the contract, in order to make audit, examinations, excerpts, transcripts and copies of such documents. If
contract non-compliance or material weaknesses in the organization are noted, the COUNTY or other authorized
representative have the right to unlimited access to records during an audit or inspection. This includes timely and e
reasonable access to a DAVID LAWRENCE CENTER's personnel for the purpose of interview and discussion related to &)
such documents.
T.
C. Records
0
The DAVID LAWRENCE CENTER shall retain all financial,client demographics,and programmatic records,supporting U
documentation, statistical records, and other records, which are necessary to document service provision, expenditures,
income and assets of category during the term of this contract and a minimum of three(3) years from the date of contract c
expiration. The retention period may be longer depending on the funding source. If any litigation, claim, negotiation, i
audit, or other action involving the records has been initiated before the expiration of the retention period, the records 0
shall be retained for one (1) year after the final resolution of the action and final resolution of all issues that arise from co
co
such action.
ti
0
D. Independent Audit `‘i
w
A complete independent financial audit of the agency's financial statements in accordance with Generally Accepted N
Accounting Principles (GAAP) and/or Generally Accepted Government Auditing Standards (GAGAS) as applicable are
required and must include the following:
V
• Auditor's opinion a>
• Requisite reports on internal control and compliance,if required
• Management letter addressing internal controls(Note: If there were no items to be addressed,the letter must still
be completed and state that no comments were noted.)
• Management's response to such letter
• The programs that are funded by this Collier County contract either in the statement of functional expenses,
revenues and expenditures, footnotes, schedule of Federal awards and State financial assistance or as
supplemental data in the financial statements. The statement should be consistent with programs detailed in the m
corresponding proposal(s),exhibit(s),and attachment(s).
An original, bound or disk version from auditors must be submitted. The audit must be submitted to the COUNTY no
later than one hundred eighty (180) days following the end of a non-profit DAVID LAWRENCE CENTER's fiscal year.
If applicable, any corrective action plan must be submitted. Failure to submit the report within the required time frame
can result in withholding of payment,or termination of the contract by the COUNTY.
Page 3of12
Packet Pg. 1491
16.D.6.a
' The audit must be conducted by an independent, licensed certified public accountant with an unqualified opinion on
their current peer review and must be in accordance with the General Accounting Office (GAO) Yellow Book, Generally
Accepted Government Auditing Standards, OMB Circular A-133 "Audits of States, Local Governments and Non-Profit
Organizations" if applicable, the Florida Single Audit Act(F.S. 215.97) if applicable, and the Auditor General Rule 10.550
(Government) or 10.650(Not For Profit)as applicable.
ARTICLE V AMENDMENTS
DAVID LAWRENCE CENTER must submit in writing a request for any contract amendment, and provide supporting
documentation for the request which details the nature of, and justification for the requested change and the desired
effective date of the change(s). The COUNTY reserves the right to approve or deny all contract amendments requests. 2
An amendment shall be documented and signed by authorized representatives of both parties.
ARTICLE VI CONTRACTOR STATUS
A. Independent Contractor v
It is the Parties' intention that the DAVID LAWRENCE CENTER will be an independent contractor and not the County's
employee for all purposes, including, but not limited to,the application of the Fair Labor Standards Act minimum wage J
and overtime payments,Federal Insurance Contribution Act,the Social Security Act,the Federal Unemployment Tax Act, :2
the provision of the Internal Revenue Code, Florida revenue and taxation law, Florida Worker's Compensation law and 0
Florida Unemployment Insurance Law. The DAVID LAWRENCE CENTER will retain sole and absolute discretion in ..
the judgment of the manner and means of carrying out the DAVID LAWRENCE CENTER's activities and ccg
responsibilities hereunder. The DAVID LAWRENCE CENTER agrees that it is a separate and independent enterprise N
from the public employer, that it has made its own investment in its business, and that it will utilize a high level of skill ,
necessary to perform the work. This agreement shall not be construed as creating any joint employment relationship L
between the DAVID LAWRENCE CENTER and COUNTY will not be liable for any obligation incurred by the DAVID 5
LAWRENCE CENTER,including,but not limited to,unpaid minimum wages and/or overtime premiums.
B. Subcontracts
Primary roles and responsibilities of DAVID LAWRENCE CENTER cannot be subcontracted. a
m
co
ARTICLE VII CONFLICT OF INTEREST
O
N
w
0
N
The DAVID LAWRENCE CENTER agrees that it presently has no interest and shall acquire no interest, either direct or m
indirect, which would conflict in any manner with the performance of services required in this contract. The DAVID c
LAWRENCE CENTER further agrees that no person having any such interest shall be employed or engaged for said c
performance. The DAVID LAWRENCE CENTER agrees that no employee, officer, agent of the DAVID LAWRENCE 23
CENTER or its sub recipients shall participate in the selection,award or administration of a contract or construction bid if asi
any conflict of interest, either real or implied, would be involved. The DAVID LAWRENCE CENTER or sub recipient
employees, officers and agents should refrain from accepting gratuities, favors or anything of monetary value from 3
contractors or potential contractors based on the understanding that the receipt of such an item of value would influence $
any action or judgment of the DAVID LAWRENCE CENTER.
For federally funded contracts, conflict of interest provisions described in 24 CFR 85.36 and 84.42 and all other c
established,applicable HUD regulations must be followed.
U
r.+
ARTICLE VIII RISK MANAGEMENT
A. Hold Harmless and Indemnity Clause
Page 4of12
(C19)
Packet Pg. 1492
16.D.6.a
To the maximum extent permitted by Florida law,the DAVID LAWRENCE CENTER shall indemnify and hold harmless
Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not
Limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the
Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified 1
party or person described in this paragraph. _
as
B. Insurance-Non Profit DAVID LAWRENCE CENTER °'
The DAVID LAWRENCE CENTER agrees to secure and maintain the insurance coverage outlined below during the t2
term of this Contract. The DAVID LAWRENCE CENTER agrees that this insurance requirement shall not relieve or
limit DAVID LAWRENCE CENTER's liability and that the COUNTY does not in any way represent that the insurance U
required is sufficient or adequate to protect the DAVID LAWRENCE CENTER's interests or liabilities, but are merely m
minimums.
m
Certificate(s) of Insurance naming Collier County Board of Commissioners as Certificate Holder and additional m
insured will be attached to this contract as an exhibit. Name and address for Certificate Holder should be: Collier —I
County Board of County Commissioners. Certificate(s)must be provided for the following: 5
co
1. Workers' Compensation - Statutory benefits as defined by Florida Statute 440 encompassing all operations ••
contemplated by this contract or agreement to apply to all owners, officers, and employees. Employers' liability
will have minimum limits of:
$100,000 per accident
$500,000 disease limit it
d-,
$100,000 disease limit per employee
2. Commercial General Liability - Coverage shall apply to premises and/or operations, products and/or U
completed operations, independent contractors,contractual liability,and broad form property damage exposures
with minimum limits of: c
$100,000 bodily injury per person(BI)
$300,000 bodily injury per occurrence(BI)
$100,000 property damage(PD) or
$300,000 combined single limit(CSL)of BI and PD cn
3. Business Auto Liability - The following Automobile Liability will be required and coverage shall apply to all
owned,hired,and non-owned vehicles used with minimum limits of: N
$100,000 bodily injury per person(BI) C°
$300,000 bodily injury per occurrence(BI) N
$100,000 property damage(PD)or
$300,000 combined single limit(CSL) of BI and PD
4. Directors & Officers Liability - Entity coverage to cover claims against the organization directly for wrongful
acts with limits not less than$100,000.
5. Fidelity Bonding - Covering all employees who handle the agency's funds. The bond amount must be e
equivalent to the highest daily cash balance or a minimum amount of$50,000.
6. Notice of cancellation or modification
The COUNTY will be notified thirty(30) days prior [or immediately upon notification if less than 30 days notice is given 0
to the DAVID LAWRENCE CENTER] to effective date cancellation or reduction of coverage or immediately upon
modification of any stipulated insurance. Such notification will be in writing and addressed to the designated County m
staff as stated in Article XIII of this agreement. E
ARTICLE IX SUSPENSION/TERMINATION
Page 5of12
1r5
Packet Pg. 1493
16.D.6.a
COUNTY's obligation to make any payments under any provision of this Contract shall cease on the effective date of
termination,and will include payment for services through the date of termination.
A. Suspension
The COUNTY reserves the right to suspend funding for failure to comply with the requirements of this contract.
Agencies that fail to submit required documents by the due date can be suspended, and payment will be withheld until
all requirements are satisfied.
ca
In the event DAVID LAWRENCE CENTER ceases operation for any reason or files for protection from creditors under c
bankruptcy law, any remaining unpaid portion of this Contract, less funds for expenditures already incurred, shall be 2
retained by the COUNTY and the COUNTY shall have no further funding obligation to the DAVID LAWRENCE .
CENTER with regard to those unpaid funds. n
B. Termination by COUNTY (1)
a)
The COUNTY may at any time and for any reason cancel this Contract by giving thirty (30) days written notice to the 0
DAVID LAWRENCE CENTER by Certified Mail following a determination by the Board of County Commissioners, at
its sole discretion, that such cancellation is in the best interest of the people of the county. From the date of cancellation, m
neither party shall have any further obligation unless specified in the termination notice.
C. Termination by DAVID LAWRENCE CENTER
ca
The DAVID LAWRENCE CENTER may at any time and for any reason cancel this Contract by giving thirty (30) days 0
prior written notice to the COUNTY by Certified Mail of such and specifying the effective date.
U
ARTICLE X ASSURANCE,CERTIFICATIONS,AND COMPLIANCE
The DAVID LAWRENCE CENTER agrees that compliance with these assurances and certifications constitutes a
condition of continued receipt of or benefit from funds provided through this Contract, and that it is binding upon the
DAVID LAWRENCE CENTER, its successors, transferees, and assignees for the period during which service are
provided.
2
a)
A. PERMITS,LICENSES,TAXES:
In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the work shall be obtained by the r--
DAVID
DAVID LAWRENCE CENTER. Payment for all such permits issued by the COUNTY shall be processed internally by
the COUNTY. All non COUNTY permits necessary for the prosecution of the work shall be procured and paid for by the w
DAVID LAWRENCE CENTER. The DAVID LAWRENCE CENTER shall also be solely responsible for payment of any N
and all taxes levied on the DAVID LAWRENCE CENTER. In addition,the DAVID LAWRENCE CENTER shall comply a,
with all rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government now in force or c
hereafter adopted. The DAVID LAWRENCE CENTER agrees to comply with all laws governing the responsibility of an
employer with respect to persons employed by the DAVID LAWRENCE CENTER.
B. IMMIGRATION LAWS:
ca
The COUNTY will not intentionally award contracts to any contractor/vendor who knowingly employs unauthorized
alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324A(e) Section 'g
274A(e) of the Immigration and Nationality Act(INA). ❑
The COUNTY shall consider the employment by DAVID LAWRENCE CENTER of unauthorized aliens a violation of aa)
Section 274A(e)of the INA. Such violation by the recipient of the employment provisions contained in Section 274A(e) of _g
the INA shall be grounds for unilateral cancellation of the contract by the COUNTY. ca
m
C.OTHER REQURIEMENTS:
Page 6 of 12
(S,V
Packet Pg. 1494
16.D.6.a
The DAVID LAWRENCE CENTER further assures that all contractors,subcontractors, or others with whom it arranges
to provide services or benefits to participants or employees in connection with any of its programs and activities are not
discriminating against those participants or employees in violation of statutes,regulations, guidelines and standards. By
acceptance of this funding,the DAVID LAWRENCE CENTER assures and certifies the following:
A. That they will comply with all applicable laws, ordinances, and regulations of the United States, the State of
Florida, the COUNTY, and the municipalities as said laws, ordinances, and regulations exist and are amended
from time to time. In entering into this contract,the COUNTY does not waive the requirements of any COUNTY .
or local ordinance or the requirements of obtaining any permits or licenses that are normally required to conduct c
business or activity contemplated by the DAVID LAWRENCE CENTER.
B. That they will comply with all applicable Federal,State and local anti-discrimination laws. a)
C. That they will administer their programs under procedures, supervision, safeguards, and such other methods as a
may be necessary to prevent fraud and abuse,and that it will target its services to those who most need them.
D. That if clients are to be transported under this contract,the DAVID LAWRENCE CENTER will comply with the m
provisions of Chapter 427, Florida Statutes, which requires the coordination of transportation of the agi
disadvantaged. U
E. That they will comply with Chapter 39.201,Florida Statues,that any person who knows, or has reasonable cause 23
to suspect,that a child is abused,abandoned,or neglected by a parent,legal custodian,caregiver, or other person L
responsible for the child's welfare, as defined in this chapter, shall report such knowledge or suspicion to the '§
Florida Abuse Hotline(1-800-962-2873). J
F. That they will comply with Chapter 415.1034, Florida Statutes, that any person who knows or has reasonable 3
cause to suspect that a vulnerable and or disabled adult has been abused, neglected, or exploited, shall a
immediately report such knowledge or suspicion to the Florida Abuse Hotline(1-800-962-2873). ••
G. That if personnel in programs under this contract work directly with children or youths and vulnerable or cc?)
disabled adults, the DAVID LAWRENCE CENTER will comply with the provisions of Chapters 435.03 and gi
435.04,Florida Statutes,which requires employment screening. z
H. That they will comply with Chapter 216.347,Florida Statutes, which prohibits the expenditure of contract funds 2
for the purpose of lobbying the legislature,State or county agencies.
I. That they will notify the COUNTY quarterly of any changes and/or additions from the Central Florida (oj
Behavioral Health Network. This notification must include a statement as to how this change in funding affects
provision of service as well as the use of and continued need for the COUNTY funds.
J. That they will notify the COUNTY of any SIGNIFICANT changes to the DVID LAWRENCE CENTER i
organization to include Board Membership (roster), Articles of Incorporation and Bylaws within (10) working m
days of the effective date. a
K. For federally funded programs, that they will comply with applicable uniform administrative requirements as
described in 24 CFR Part 84 and 85 and HUD requirements as described in 24 CFR Part 5.
L. The DAVID LAWRENCE CENTER shall comply with requirements as defined in Section 504 of the N
Rehabilitation Act of 1973 CO
(http://www.section508.gov/index.cfm?FuseAction=Content&ID=15) and the American Disability Act (ADA) N
(http://www.ada.gov) as implemented by 28 CFR Part 35 (http://ecfr.gpoaccess.gov/cgi/t/text/text- a;
idx?c=ecfr&tp1=/ecfrbrowse/Title28/28cfr35 main 02.tp1).
A Single Point of Contact shall be required if the agency employs fifteen (15) or more employees. The Single
Point of Contact will ensure effective communication with deaf or hard of hearing customers or companions in
accordance with Section 504 and the ADA and coordinate activities and reports with the DAVID LAWRENCE m
CENTER's Single Point of Contact.
M. The DAVID LAWRENCE CENTER shall ensure that Collier County funds are restricted to Collier County -
o
residents. .5
Ca
Items D-H and K-L will be considered in compliance unless otherwise noted in the State of Florida Department of
Children and Families and/or Central Florida Behavioral Health Care Center Annual Monitoring Report(s).
a)
E
ARTICLE XI HEALTH INSURANCE PORTABILTIY AND ACCOUNTABILITY ACT OF 1996 (HIPAA)
as
The COUNTY, pursuant to the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a d
"covered entity" as the law defines that term. Any "personal health information" (PHI) as defined by the law that the
COUNTY receives pursuant to this Agreement is subject to the disclosure and security requirements of HIPAA. Transfer
Page 7 of 12
Packet Pg. 1495
•
16.D.6.a
of information to the COUNTY sufficiently"de-identified" to no longer be considered PHI is encouraged as being in the
best interest of client PHI confidentiality to the extent that client services are unaffected. Particular methods to
accomplish the highest levels of client service coupled with PHI confidentiality shall be an on-going task of the effected
staffs of the COUNTY and DAVID LAWRENCE CENTER.
ARTICLE XII CONTRACT DISPUTE RESOLUTION PROCEDURE VENUE
Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, c
the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended g
by representatives of Contractor with full decision-making authority and by County's staff person who would make the a;
presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the gi
commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of °'
Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by asi
County's staff person who would make the presentation of any settlement reached at mediation to County's board for ami
approval. Should either party fail to submit to mediation as required hereunder,the other party may obtain a court order 2
requiring mediation under section 44.102,FLORIDA Statutes. Failing mediation,either party relating to or arising out of d
this Contract must be brought in the appropriate federal or state court in Collier County,Florida,which courts have sole ccs
and exclusive jurisdiction on all such matters.
CI
ARTICLE XIII NOTICES
0
rn
Official notices concerning this Contract will be directed to the following authorized representatives: cow
w
DAVID LAWRENCE CENTER: COUNTY:
.r
c
Print Name: Scott Burgess Print Name:Kristi Sonntag
Title: Chief Executive Officer Title:Federal and State Grant Manger ca
Agency: Community&Human Services
Address: 6075 Bathey Lane,Bldg.B-1 Address:3339 Tamiami Trail East Suite 211
Naples,FL 34116 Naples,FL 34112 e`•
N
Telephone: 239- Telephone: 239-252-2486 ie
Fax: 239-455-6561 E-mail: Kristi Sonntag@colliergov.net
a>
E-mail: scottb@dlccmhc.com a=i
The signatures of the two (2) persons shown below are designated and authorized to sign all applicable reports c
and invoices/request for reimbursement:
cts
/ 5 0,-7(i
Name(printed/typed) j Name(printed/typed) 0
Signafu.re Signature
C_ ,09 n -E'er-- -
Title Title
Page 8of12
0
Packet Pg. 1496
16.D.6.a
In the event that either party designates different representatives after execution of this contract, notice of the name and
address of the new representative will be rendered in writing by authorized officer of DAVID LAWRENCE CENTER to
the COUNTY.
ARTICLE XIV SPECIAL PROVISIONS
A. DISASTER/EMERGENCY ASSISTANCE: If needed, DAVID LAWRENCE CENTER may be called upon to I
assist the COUNTY during a natural disaster or emergency. This includes the use of the DAVID LAWRENCE 72
CENTER's facility to assist with Emergency Food Stamp preregistration if facility is operational and computer g
terminals are available.
DAVID LAWRENCE CENTER will be responsible to notify Collier County immediately after a disaster declaration u?
if the location is accessible and operational and of any DAVID LAWRENCE CENTER staff who are available to assist a;
with recovery efforts.
U
B. SUBJECT TO APPROPRIATION: It is further understood and agreed by and between the parties herein that
this Agreement is subject to appropriation by the Board of County Commissioners. f
C. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or individual shall offer or give,either
directly or indirectly, any favor, gift, loan, fee, service or other item of value to any COUNTY employee, as set 3
forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004.-05, and County a
Administrative Procedure 5311. Violation of this provision may result in one or more of the following ••
consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with o
COUNTY staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business N
with the COUNTY for a specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes;and c. immediate termination of any contract held by the individual and/or firm for cause. E
D. ASSIGNMENT: DAVID LAWRENCE CENTER shall not assign this Agreement or any part thereof, without
the prior consent in writing of the COUNTY. Any attempt to assign or otherwise transfer this Agreement or any c
part herein, without the COUNTY's consent, shall be void. If DAVID LAWRENCE CENTER does, with g
approval,assign this Agreement or any part thereof,it shall require that its assignee be bound to it and to assume (t)
toward DAVID LAWRENCE CENTER all of the obligations and responsibilities that DAVID LAWRENCE
co
CENTER has assumed toward the COUNTY.
ti
CD
ARTICLE XV ALL TERMS AND CONDITIONS INCLUDED
a)
ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, a,
the terms of the Agreement shall take precedence over the terms of all other Contract Documents.
EL!
This contract and its attachments, and any exhibits referenced in said attachments, together with any documents g
incorporated by reference, contain all the terms and conditions agreed upon by the parties. There are no provisions,
terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous ">
communications,representations, or agreements,either verbal or written between the parties. If any term or provision of p
this contract is legally determined unlawful or unenforceable, the remainder of the contract shall remain in full force and t
effect and such terms or provisions shall be stricken. w
IN WITNESS THEREOF, DAVID LAWRENCE CENTER and COUNTY have caused this contract and all Contract
Exhibits and Attachments as indicated on next page to be executed by their undersigned officials as duly authorized.
Page 9 of 12
G
Packet Pg. 1497
• 16.D.6.a
' CONTRACTOR:
DAVID LAWRENCE MENTAL HEALTH CENTER
By:
S(O BURGESS
EXECUTIVE OFFICER
w
4-
COUNTY:
ATTEST: COLLIER COUNTY
DWIGHT E.BROCK,CLERK
as
By: U
,DEPUTY CLERK DONNA FIALA,CHAIRMAN
c
Approved for form and legality: .a
ca
�� rn
Jennifer A.Belpedio IP
Assistant County Attorneyp�� U
ca
C9
ra
(
L
a
a)
a)
?L?
ca
c
Q
Page 10 of 12
(51)
Packet Pg. 1498
16.D.6.a
EXHIBIT 1
REQUEST FOR PAYMENT
Sub recipient Name:David Lawrence Mental Health Center,Inc.
Sub recipient Address: 6075 Bathey Lane,Bldg B-1,Naples,FL 34116
Project Name: State Mandated Match Agreement
as
Quarter Begin Date Quarter End date
Total Agreement Amount $1,649,400
Total Quarterly Requested Amount $
m
Balance Remaining $ °'
3
ro
Check documents provided with request for payment;
Quarterly Client Served Summary(always required)
Monitoring reports from other contractors,as applicable
Insurance Certificate,as applicable
Annual Audit,as applicable
U
Any changes in the Central Florida Behavioral Health Network,Inc.funding if not already provided
as
2
I certify that this request for payment has been drawn in accordance with the terms and conditions of the
Agreement between the COUNTY and us. To the best of my knowledge and belief, all contract requirements have been rn
ti
followed. c,
to
O
N
L
Signature Date
c
Title
N
Authorizing CHS staff °'
ca
CHS Supervisor (approval authority under$15,000) —�
CHS Dept Director(approval required$15,000 and above)
m
E
0
as
Page 11 of 12
Chi
Packet Pg. 1499
16.D.6.a
Exhibit 2
David Lawrence Center(DLC)
Performance Measures Fiscal Year(2017)
as
Performance Measures 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Cumulative ca
Oct 1-Dec 31 May 1-June 30 July 1-Sep 30 Jan 1-Apr 30 Total
a)
ns
# of nonduplicated cn
Collier County
residents/clients with
a>
at least 1 unit of
service during the
quarter.
Signature&Date :
rn
N
w
U
f6
O
U
a
73
m
al
N
ti
O
N_
o
N
I-
a)
a.&
aT
U
a)
V
m
CC
-J
5
cC
a)
E
U
w
w
Page 12 of 12
U)
Packet Pg. 1500