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Agenda 09/22/2015 Item #16D13 9/22/2015 16.D.13. EXECUTIVE SUMMARY Recommendation to approve an agreement with the David Lawrence Mental Health Center to govern the allocation of the state mandated match amount in the FY 16 budget ($1,154,000) and also to allocate additional funds in the amount of$230,800 to fill a funding gap due to state non- funding of the AHCA Medicaid match programs for a total of$1,384,800. OBJECTIVE: To provide County mandated match for mental health services for the citizens of Collier County. CONSIDERATIONS: The David Lawrence Center (DLC) is a not for profit mental health facility in Collier County. The DLC is funded, in part, via state contracts for the provision of mental health services. Pursuant to Section 394.76, Florida Statutes, a local match to these state funds is required, and has been traditionally budgeted for each fiscal year. According to the state, the FY 15-16 match has not yet been calculated and can increase or decrease throughout the year. For planning purposes, the State recommends that the FY 14-15 match of$1.286,526.72 be used. In recent years, Collier County has been eligible to participate in Intergovernmental Transfer Programs (IGT's) with the State Agency on Health Care Administration (AHCA) whereby local governmental funding allocated for health related service provision [such as for mental health programs] was matched with federal dollars through state sanctioned programs. The use of the local dollars budgeted in the Collier County budget ($1,154,000), along with the additional match funds went to community partners such as the David Lawrence Center. Under these programs, in the prior fiscal year, the David Lawrence Center received a 20% match increase over and above the funds allocated in the County budget (an additional $230,800). These funds were used to provide mental health services to those in need in Collier County. The authorization for the state/federal matching programs was not renewed at the state level for the fiscal year beginning July 1, 2015. Therefore, the additional match funding noted above is not available to the David Lawrence Center for the current fiscal year. On August 7th, DLC provided a letter requesting the $230,800 gap be funded this year (attached) by County government. Several areas of evidence were provided to support the request. On August 14t the County Manager responded indicating that he would recommend to the Board of County Commissioners that the request be appropriated for the 2016 fiscal year, which begins on October lst. This recommendation is based on the dramatic growth in the number of "Baker Acted" clients over the past several years and the need for the DLC to continue to service this need effectively. Also, the decision to eliminate the federal match for the AHCA program came very late in most agencies' budget cycle, making it all the more difficult to identify a replacement revenue source(s)for this program. The County Manager further noted that he could not assure that Collier County would be able to cover any or all of this funding loss in future fiscal years. Hence, as part of this recommendation, he asked the DLC to work with Community and Human Services staff and other appropriate agencies to develop strategies to address a portion or all of these services and attendant costs beginning in the 2017 fiscal year and beyond. The County Manager asked for an update on the status of this effort no later than December 31. 2015. FISCAL IMPACT: The total County-David Lawrence Center contract amount of$1.384,800 is provided by $1,154.000 presently included in the Proposed FY 16 budget and $230,800 to cover the funding gap created by the non-renewal of state/federal matching programs. The $230,800 will be sourced from the General Fund and appropriated as part of the FY 16 adopted budget through an amending resolution at the final budget hearing on September 24, 2015. Packet Page -1620- 9/22/2015 16.D.1 3. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. -JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. RECOMMENDATION: To approve and authorize the Chair to sign an agreement with the David Lawrence Center for a total amount of $1,384,800 for FY 16, and to authorize any necessary budget amendments. Prepared by: Kim Grant,Director, Community and Human Services Attachments: (1) DLC Contract (2) DLC letter to Collier County (3) County Manager reply letter Packet Page -1621- 9/22/2015 16.D.13. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.13. Item Summary: Recommendation to approve an agreement with the David Lawrence Mental Health Center to govern the allocation of the state mandated match amount in the FY 16 budget ($1,154,000) and also to allocate additional funds in the amount of$230,800 to fill a funding gap due to state non-funding of the AHCA Medicaid match programs for a total of $1,384,800. Meeting Date: 9/22/2015 Prepared By Name: AlonsoHailey Title: Operations Analyst,Public Services Department 9/8/2015 4:01:40 PM Approved By Name: AlonsoHailey Title: Operations Analyst,Public Services Department Date: 9/8/2015 4:16:54 PM Name: MesaNancy Title: Accountant, Public Services Department Date: 9/9/2015 7:04:41 AM Name: SonntagKristi Title: Manager-Federal/State Grants Operation.Public Services Department Date: 9/9/2015 12:01:47 PM Name: GrantKimberley Title: Division Director-Cmnty &Human Svc, Public Services Department Date: 9/11/2015 4:00:23 PM Name: AlonsoHailey Title: Operations Analyst,Public Services Department Date: 9/11/2015 5:07:57 PM Name: GrantKimberley Packet Page -1622- 9/22/2015 16.D.13. Title: Division Director-Cmnty &Human Svc,Public Services Department Date: 9/14/2015 11:24:44 AM Name: CarnellSteve Title: Department Head-Public Services,Public Services Department Date: 9/14/2015 11:47:30 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 9/15/2015 8:21:27 AM Name: KlatzkowJeff Title: County Attorney, Date: 9/15/2015 8:31:23 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 9/15/2015 9:58:51 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 9/15/2015 11:03:07 AM Packet Page -1623- 9/22/2015 16.D.13. THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 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 LAWRENCE CENTER" or"CONTRACTOR". WHEREAS,COUNTY believes it to be in the public interest to provide substance abuse and mental health services to the 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 the DAVID LAWRENCE CENTER agree as follows: ARTICLE I SCOPE OF SERVICES Provision of substance abuse and mental health services programs must be implemented to serve residents of Collier County in accordance with Chapters 394 and 397,Florida Statutes,and all exhibits hereto. ARTICLE II TERM OF CONTRACT This Contract shall begin October 1, 2015 and end September 30, 2016 unless terminated as specified in Article IX, Suspension/Termination. ARTICLE III COMPENSATION AND REPORTS A. Contract Payment The County shall pay the Contractor for the performance of this Agreement and the total amount of One Million, Three Hundred Eighty Four Thousand,Eight Hundred dollars, ($1,384,800), based on the submission of the required quarterly report (Attachment A). Quarterly payments of$346,200 will be made upon receipt of a proper quarterly invoice and in compliance with Section 218.70 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payments for work not performed or for unsatisfactory performance of Contractual requirements. The payment amount set forth in this agreement includes$230,800 to offset the elimination of federal/state funds through what was heretofore known as the Intergovernmental Transfer Programs (IGT's) with the State Agency on Health Care Administration (AHCA) program. Provision of this funding to the David Lawrence Center through this agreement and associated funding program does not guarantee the recurrence of this funding under future agreements. 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 schedule is cited below. Quarter Service Dates Report Due 1st Quarter October 1 -December 31 January 30th 2nd'Quarter January 1 March 31 April 30th 3rd Quarter April 1 -June 30 July 30th � 4th Quarter July 1-September 30 October 30th Page l of 12 Packet Page -1624- 9/22/2015 16.D.13. 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. 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 III B 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 below. The DAVID LAWRENCE CENTER agrees to return to the COUNTY any overpayments due to funds disallowed pursuant to the term of this Contract and/or COUNTY, State or Federal requirements. The DAVID LAWRENCE CENTER will be required to reimburse the COUNTY for any acts of non-compliance resulting in disallowed costs or fines, B. Contract Deliverables 1. Clients Served The David Lawrence Center will serve a minimum of 5,650 non-duplicated Collier County residents/clients with at Ieast 1 unit of service,as defined by F.A.C. 65E-14 during the contract period. 2. Required Reports EXHIBIT 1 -Payment Request-Due: Quarterly by the 30th of the following month. EXHIBIT 2-Performance Outcomes Report-Due: As indicated on Exhibit 2. Certificate of Insurance-Submitted annually or sooner in accordance with Article VIII B. For all reports except the Exhibit 1 (Payment Request),either an email or hard copy of reports is acceptable. The Exhibit 1 (Payment Request) must have original signatures. Other reports requiring signatures can have an electronic signature or a scanned copy of the report with signature. 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); Monitoring Reports-A copy of monitoring reports issued from other sources as they are issued. 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 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 AND HUMAN SERVICES to enable COMMUNITY AND HUMAN SERVICES to evaluate said progress and to allow for Page 2of12 Packet Page -1625- 9/22/2015 16.D.13. completion of reports required. The CONTRACTOR shall allow COMMUNITY AND HUMAN SERVICES to monitor the CONTRACI OR on site.Such site visits may be scheduled or unscheduled as determined by COMMUNITY AND -IUMAN SERVICES. The COUNTY will monitor the performance of the CONTRACTOR based on goals and 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. 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 progress on such corrective action plans, B. Audits and Inspections The DAVID LAWRENCE CENTER will make all records referenced in Article IV.C, and all items included on financial statements available for audit or inspection purposes at any time during normal business hours and as often as COUNTY 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, documents, papers, or other records of DAVID LAWRENCE CENTER or Certified Public Accountant (CPA) that are 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 'easonable access to a DAVID LAWRENCE CENTER's personnel for the purpose of interview and discussion related to ,uch documents. C. Records The DAVID LAWRENCE CENTER shall retain all financial,client demographics, and programmatic records,supporting 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 expiration. The retention period may be longer depending on the funding source. If any litigation, claim, negotiation, audit, or other action involving the records has been initiated before the expiration of the retention period, the records shall be retained for one (1) year after the final resolution of the action and final resolution of all issues that arise from such action. D. Independent Audit A complete independent financial audit of the agency's financial statements in accordance with Generally Accepted Accounting Principles (GAAP) and/or Generally Accepted Government Auditing Standards (GAGAS) as applicable are required and must include the following: • Auditor's opinion • 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 corresponding proposal(s),exhibit(s),and attachment(s), Page 3 of 12 Packet Page -1626- 9/22/2015 16.D.13. 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. 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. An amendment shall be documented and signed by authorized representatives of both parties. ARTICLE VI CONTRACTOR STATUS A. Independent Contractor 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 and overtime payments,Federal Insurance Contribution Act, the Social Security Act,the Federal Unemployment Tax Act, the provision of the Internal Revenue Code, Florida revenue and taxation law,Florida Worker's Compensation law and 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 responsibilities hereunder. The DAVID LAWRENCE CENTER agrees that it is a separate and independent enterprise 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 between the DAVID LAWRENCE CENTER and COUNTY will not be liable for any obligation incurred by the DAVID 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. ARTICLE VII CONFLICT OF INTEREST The DAVID LAWRENCE CENTER agrees that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required in this contract. The DAVID LAWRENCE CENTER further agrees that no person having any such interest shall be employed or engaged for said performance. The DAVID LAWRENCE CENTER agrees that no employee, officer, agent of the DAVID LAWRENCE CENTER or its sub recipients shall participate in the selection,award or administration of a contract or construction bid if any cordlict 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 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. Page 4 of 12 Packet Page-1627- c; 9/22/2015 16.D.13. For federally funded contracts, conflict of interest provisions described in 24 CFR 85.36 and 84.42 and all other established,applicable HUD regulations must be followed, ARTICLE VIII RISK MANAGEMENT A. Hold Harmless and Indemnity Clause 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 party or person described in this paragraph. B. Insurance-Non Profit DAVID LAWRENCE CENTER The DAVID LAWRENCE CENTER agrees to secure and maintain the insurance coverage outlined below during the 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 required is sufficient or adequate to protect the DAVID LAWRENCE CENTER's interests or liabilities, but are merely minimums. Certificate(s) of Insurance naming Collier County Board of Commissioners as Certificate Holder and additional insured will be attached to this contract as an exhibit. Name and address for Certificate Holder should be: Collier Tounty Board of County Commissioners. Certificate(s)must be provided for the following: 1. Workers' Compensation - Statutory benefits as defined by Florida Statutes 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 $100,000 disease limit per employee 2. Commercial General Liability - Coverage shall apply to premises and/or operations, products and/or completed operations,independent contractors, contractual liability, and broad form property damage exposures with minimum limits of: $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 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: $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 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 Contractor's employees who handle the agency's funds. The bond amount must be equivalent to the highest daily cash balance or a minimum amount of$50,000. 6. Notice of cancellation or modification Pape 5 of 12 Packet Page -1628- 9/22/2015 16.D.13. The COUNTY will be notified thirty (30) days prior [or immediately upon notification if less than 30 days notice is given to the DAVID LAWRENCE CENTER] to effective date of 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 staff as stated in Article XIII of this agreement. ARTICLE IX SUSPENSION/TERMINATION 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. In the event DAVID LAWRENCE CENTER ceases operation for any reason or files for protection from creditors under bankruptcy law, any remaining unpaid portion of this Contract, less funds for expenditures already incurred, shall be retained by the COUNTY and the COUNTY shall have no further funding obligation to the DAVID LAWRENCE CENTER with regard to those unpaid funds. B. Termination by COUNTY The COUNTY may at any time and for any reason cancel this Contract by giving thirty (30) days written notice to the 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, neither party shall have any further obligation unless specified in the termination notice. C. Termination by DAVID LAWRENCE CENTER The DAVID LAWRENCE CENTER may at any time and for any reason cancel this Contract by giving thirty (30) days prior written notice to the COUNTY by Certified Mail of such and specifying the effective date. 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. 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 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 DAVID LAWRENCE CENTER. The DAVID LAWRENCE CENTER shall also be solely responsible for payment of any and all taxes levied on the DAVID LAWRENCE CENTER. In addition,the DAVID LAWRENCE CENTER shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government now in force or 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: Page 6of12 Packet Page-1629- ' - O 9/22/2015 16.D.13. 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 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 Section 274A(e)of the INA. Such violation by the recipient of the employment provisions contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of the contract by the COUNTY. C.OTHER REQUIREMENTS: 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 business or activity contemplated by the DAVID LAWRENCE CENTER. B. That they will comply with all applicable Federal,State and local anti-discrimination laws. C. That they will administer their programs under procedures,supervision, safeguards, and such other methods as 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 provisions of Chapter 427, Florida Statutes, which requires the coordination of transportation of the disadvantaged. E. That they will comply with Chapter 39.201,Florida Statutes,that any person who knows,or has reasonable cause to suspect,that a child is abused, abandoned, or neglected by a parent,legal custodian,caregiver,or other person 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), F. That they will comply with Chapter 415.1034, Florida Statutes, that any person who knows or has reasonable cause to suspect that a vulnerable and or disabled adult has been abused, neglected, or exploited, shall 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 disabled adults, the DAVID LAWRENCE CENTER will comply with the provisions of Chapters 435.03 and 435.04,Florida Statutes,which requires employment screening. H. That they will comply with Chapter 216.347, Florida Statutes, which prohibits the expenditure of contract funds for the purpose of lobbying the legislature,State or county agencies. I. That they will notify the COUNTY quarterly of any funding changes and/or additions from the Central Florida 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 DAVID LAWRENCE CENTER organization to include Board Membership (roster),Articles of Incorporation and Bylaws within ten (10)working days of the effective date. 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 Rehabilitation Act of 1973 (http://www.section508.gov/index.cfm?FuseAction=ContentrkID=15) and the American Disability Act (ADA) (http://www.ada.gov) as implemented by 28 CFR Part 35 (htto://ecfr.gpoaccess.gov/cgi/t/text/text- idx?c=ecfr&.tpl=/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 CENTER's Single Point of Contact. Page 7 of 12 Packet Page -1630- 9/22/2015 16.D.13. M. The DAVID LAWRENCE CENTER shall ensure that Collier County funds are restricted to Collier County residents. 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). ARTICLE XI HEALTH INSURANCE PORTABILTIY AND ACCOUNTABILITY ACT OF 1996(HIPAA) The COUNTY, pursuant to the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a "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 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, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the 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 County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder,the other party may obtain a court order requiring mediation under section 44.102,Florida Statutes. Failing mediation, either party may commence a formal court proceeding. Any suit or action brought by either party to this Contract against the other party relating to or arising out of this Contract must be brought in the appropriate federal or state court in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE XIII NOTICES Official notices concerning this Contract will be directed to the following authorized representatives: DAVID LAWRENCE CENTER: COUNTY: Print Name: Name: Kristi Sonntag Title: Title: Federal and State Grant Manager Agency: Community&Human Services Address: Address: 3339 Tamiami Trail East Suite 211 Naples,FL 34112 Telephone: Telephone: 230-252-2486 Fax: Page S of 12 Packet Page -1631- C,40 9/22/2015 16.D.13. E-mail: E-mail: kristisonntag@colliergov.net The signatures of the two (2) persons shown below are designated and authorized to sign all applicable reports and invoices/request for reimbursement: Name(printed/typed) Name(printed/typed) Signature Signature Title Title 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 assist the COUNTY during a natural disaster or emergency. This includes the use of the DAVID LAWRENCE CENTER's facility to assist with Emergency Food Stamp preregistration if facility is operational and computer terminals are available. DAVID LAWRENCE CENTER will be responsible to notify Collier County immediately after a disaster declaration if the location is accessible and operational and of any DAVID LAWRENCE CENTER staff who are available to assist with recovery efforts. 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. 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 forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004.-05, and County 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 COUNTY staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business 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. 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 part herein, without the COUNTY's consent, shall be void. If DAVID LAWRENCE CENTER does, with approval, assign this Agreement or any part thereof,it shall require that its assignee be bound to it and to assume toward DAVID LAWRENCE CENTER all of the obligations and responsibilities that DAVID LAWRENCE CENTER has assumed toward the COUNTY. Page 9 of[2 Packet Page -1632- �� 9/22/2015 16.D.13. ARTICLE AV ALL TERMS AND CONDITIONS INCLUDED ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents. This contract and its attachments, and any exhibits referenced in said attachments, together with any documents 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 this contract is legally determined unlawful or unenforceable,the remainder of the contract shall remain in full force and effect and such terms or provisions shall be stricken. 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. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER DWIGHT E. BROCK,CLERK COUNTY,FLORIDA By: ,Deputy Clerk TIM NANCE,CHAIRMAN Dated: (SEAL) DAVID LAWRENCE MENTAL HEALTH CENTER,Inc. Approved as to form and legality By: Scott Burgess,Chief Executive Officer Assistant County Attorney Face 10 of 12 Packet Page -1633- 9/22/2015 16.D.13. EXHIBIT 1 REQUEST FOR PAYMENT Sub recipient Name:David Lawrence Mental Health Center,Inc. Sub recipient Address: Project Name: State Mandated Match Agreement Quarter Begin Date Quarter End date Total Agreement Amount $_1,384,800 Total Quarterly Requested Amount $ Balance Remaining $ Check documents provided with request for payment; IQuarterly Client Served Summary(always required) Monitoring reports from other contractors,as applicable Insurance Certificate,as applicable Annual Audit,as applicable _ Any changes in the Central Florida Behavioral Health Network,Inc. funding if not already provided 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 followed. Sim,atiire late Title Authorizing CHS staff CHS Supervisor (approval authority under$15,000) CHS Dept Director (approval required $15,000 and above) Page 11 of 12 Packet Page -1634- 9/22/2015 16.D.13. Exhibit 2 David Lawrence Center(DLC) Performance Measures Fiscal Year (2016) Performance 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Cumulative Measures Oct 1 -Dec 31 May 1 -June 30 July 1 -Sep 30 Jan 1-Apr 30 Total # of nonduplicated Collier County residents/clients with at least 1 unit of service during the quarter. Signature&Date: Pagc 12 of 12 Packet Page -1635- 9/22/2015 16.D.13. Office of the County Manager Leo E. Ochs, Jr. • 3299 Tamiami Trail East,Suite 202•Naples Florida 34112.5746 (239)252.8383•FAX.(239)252.4010 August 14,2015 Mr. Scott Burgess Chief Executive Officer David Lawrence Center 6075 Bathey Lane Naples FL 34116 Re: Low Income Pool (LIP)funding in the coining budget year Dear Mr. Burgess: I am in receipt of your letter of August 7,2015 regarding the unfortunate and abrupt loss of the federal match component within the State's Agency on Health Care Administration (AHCA)intergovernmental transfer program.You have requested that Collier County appropriate funds within our annual operating budget for the 2016 fiscal year to the David Lawrence Center to cover the loss of these funds in the amount of S230,800. In response to your request, I am prepared to recommend to the Board of County Commissioners that the request be appropriated for the 2016 fiscal year,which begins on October I'. My recommendation is based on the dramatic growth in the number of`Baker Acted"clients over the past several years and the need for your agency to continue to service this need effectively.Also,the decision to eliminate the federal match for the LIP program came very late in most agencies' budget cycle,making it all the more difficult to identify a replacement revenue source(s)for this program. All of that said,I cannot assure you that Collier County will be able to cover any or all of this landing loss in future fiscal years.Hence,as part of this recommendation, I am asking you to work with our staff and other appropriate agencies to develop strategies to address a portion of or all of these services and attendant costs beginning in the 2017 fiscal year and beyond. I would ask that you work directly with our Community and Human Services Director, Kim Grant and provide her with an update on the status of this effort not later than December 31,2015. I appreciate the indispensable services you and you excellent staff provide to our community and i look forward to enhancing our strong partnership. Sincerely, ✓�' / / Leo E. Ochs Jr. County Manager Packet Page -1636- 9/22/2015 16.D.13. DAVID LAWRENCE CENTER Restoring tx' Rebuilding Lives August 7, 2015 To: Leo E. Ochs Jr., Collier County Manager Dear Mr. Ochs: I would like to bring to your attention an unfortunate by-product of the recent Low Income Pool negotiations between the federal government and the state of Florida. Due to the manner in which the new policies were shaped, financial support provided to the David Lawrence Center (DLC) to assist with treatment for those who are classified as low income has been decreased. In recent years, Collier County has been eligible to participate in the Intergovernmental Transfer Programs (IGT's) with the State Agency on Health Care Administration (AHCA) whereby local governmental funding allocated for health-related service provision [such as for mental health programs] was matched with federal dollars through state sanctioned programs. The use of the local dollars included in the Collier County budget, along with the additional matching funds, went to community partners such as DLC. Under these programs, in the prior fiscal year, DLC received a 20% match over and above the funds allocated in the County budget (an additional $230,800). This process will change starting October 1, 2015 whereby the federal match will no longer be available in this manner. Therefore, the additional match funding noted above is not available to the David Lawrence Center for fiscal year 2016. We respectfully request that the prior year's level of funding to DLC be maintained which would require an increase of $230,800 in the Collier County budget. The requested support is critical for DLC to meet the current and growing needs of the community. Research strongly supports that one in four individuals (25%) will struggle with a mental health challenge, and minimally one in nine will struggle with addiction; DLC services are vital to ensuring a healthy, safe and vibrant community. With continued community growth, enhancements in efficiencies and expanded access to care, DLC has been able to greatly increase our community impact. Attached please find some graphic representations of how DLC has increased services and the numbers of individuals served to meet Collier County needs. To note just a few (as of State fiscal year ended June 30, 2015): Packet Page -1637- 9/22/2015 16.D.13. • Total number of individuals served increased from 7,633 in FY '13 to 8,916 in FY '15. (17% increase) • Total number of Crisis Stabilization Unit (Inpatient Unit) Admissions increased from 1,175 in FY '13 to 1,611 in FY '15. (37% increase) • Individual and Family Counseling visits increased from 10,680 in FY '13 to 13,789 in FY '15. (29% increase) • Medication management visits for children and adults increased from 9,946 in FY '13 to 12,329 in FY '15. (24% increase) Additionally, to support the growing community demands, DLC launched an "Open Access- Same Day" Assessment Clinic in FY '14. The Clinic provides immediate access to care. It truly is the behavioral health and addictions version of "urgent care." Now, we have the ability to assess and immediately treat individuals who are in urgent need, preventing the escalation of a condition which many times results in an emergency requiring a visit to a local hospital ER or a Baker Act situation. This new process has improved access to care resulting in both prompt and proactive care, increased numbers of individuals served, reduced costs for those responding to emergencies, and increased safety for the individual and others. DLC continues to maintain high standards of service and quality patient care; the patient satisfaction rate across all clients and programs is 95%. Our community, like almost all communities across the nation, is challenged with an increased demand for mental health and addiction services. This is supported by the Collier County Community Health Assessment which denoted "Collier County experienced a remarkable increase in the percentage of individuals that reported poor mental health," Growing demand is also substantiated by tracking data that I recently received from the Collier County Sheriff's Office. The number of Baker Acts CCSO is facilitating and bringing to DLC has dramatically increased, and at a higher pace year over year. CCSO Baker Acts have increased 142% since 2008 (245% since 2002). CCSO brought 1,226 individuals to DLC in FY 2015. The majority of these individuals required Crisis Stabilization, while others were assessed and determined they could be effectively treated in an outpatient setting. This collaboration results in expediting care for those in need as well as decreasing demand on County personnel and facilities. In addition to the current community needs for service, Collier County is experiencing nationally unprecedented growth and is projected to continue to have steady increases in residents over the next 15 years. As a result, it is critical that we ensure our human services infrastructure is secure and has the resources to expand as needed. Given the projected growth of approximately 60,000 new residents into Collier County across the next 10 years, it is fair to estimate that over 10,000 will experience some type of mental health and/or addiction challenge. Since DLC is the only comprehensive facility able to treat those in need, regardless of the patient's ability to pay, County funding is critical to support current needs and assist with addressing the growing demand. Packet Page -1638- 9/22/2015 16.D.13. Lastly, I feel it is important to put current funding levels in context relative to like-providers in near-by communities. Charlotte and Lee counties support their local community mental health centers at an average of $7.04 per/capita. This compares to $3.73 per capita in Collier County which correlates to approximately$1.1 M less annual funding (based on 2014 Collier population estimates). Given these historic and current realities, we sincerely hope you approve this request to keep DLC funded at our current level. This funding is critical for DLC to be able to meet the needs of Collier County residents. Without this support, the number of residents we serve will certainly decrease and waiting times to access needed care will greatly increase. Over the past 47 years, DLC has demonstrated its commitment to providing the highest quality care and an ability to effectively restore and rebuild lives. In doing so, we feel our community is stronger, more safe, and better equipped to support the demands of a growing population. We hope you agree; protecting these services, through approval of this request, is the right thing to do for the Collier County community. I am more than happy to meet to discuss this request in greater detail and will provide any additional information you may need in your decision making process. 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