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Agenda 05/13/2014 Item #16D 2 Proposed Agenda Changes Board of County Commissioners Meeting May 13,2014 Continue Item 16C4 to the May 27.2014 BCC Meeting: Recommendation to authorize advertising an ordinance amending Ordinance No.2002-17,the Collier County Water Irrigation Ordinance,to maintain compatibility with the South Florida Water Management District's Mandatory Year-Round Landscape Irrigation Conservation Measures,as amended,and providing for the repeal of Ordinance No.2000-61,as redundant. (Commissioner Nance's request) Continue Item 16D2 to the May 27. 2014 BCC Meeting: Recommendation to approve a Grant Agreement with the Florida Department of Children and Families to implement a three-year Criminal justice Mental Health and Substance Abuse Reinvestment Grant Program in the amount of $853,316.71 and approve subrecipient agreements with the David Lawrence Center for $367,140.80, the Collier County Sheriffs Office for $333,123, and the National Alliance of Mental Illness of Collier County, for $106,686. (Staffs request) Move Item 16D11 to Item 11F: Recommendation to approve a satisfaction of mortgage for the State Housing Initiatives Partnership(SHIP)Program in accordance with the Board's Short Sale Policy, accepting$1,431 to satisfy the SHIP mortgage. (Commissioner Henning's request) Note: Item 16D19: Title on Executive Summary should read: Recommendation to approve the write-off of an account receivable in the amount of$22,500$32.500 associated with a reimbursement promise from the Friends of the Collier County Museum to purchase a WWII Sherman tank. (Staffs request) Time Certain Items: Item 11B to be heard at 9:30 a.m. Item 11A to be heard at 10:00 a.m. 5/13/2014 16.D.2. EXECUTIVE SUMMARY Recommendation to approve a Grant Agreement with the Florida Department of Children and Families to implement a three-year Criminal Justice Mental Health and Substance Abuse Reinvestment Grant Program in the amount of$853,316.71 and approve subrecipient agreements with the David Lawrence Center for $367,140.80, the Collier County Sheriff's Office for $333,123, and the National Alliance of Mental Illness of Collier County,for$106,686. OBJECTIVE: To leverage state funding to increase public safety, avert increased spending on criminal and juvenile justice systems, and improve the accessibility and effectiveness of treatment services for adults and juveniles with mental illness and/or substance use disorders. CONSIDERATIONS: This grant was the first of the Victims Advocacy Organization (VAO) pilot program. The VAO organizations involved in this application was the David Lawrence Center (DLC), NAMI of Collier County and the Sheriff's Office (CCSO). The County departments involved were the Housing,Human and Veteran Services(HHVS),the Clerk of Courts and the Grants Compliance Office of the Office of Management and Budget. The Criminal Justice, Mental Health and Substance Abuse(CJMHSA) Reinvestment Grant Program was created by the 2007 Florida Legislature and housed within the Department of Children and Families (DCF). The purpose of the program is to provide funding with which counties can plan, implement or expand initiatives that increase public safety, avert increased spending on criminal and juvenile justice systems, decrease admissions to the state forensic hospital and improve the accessibility and effectiveness of treatment services for adults and juveniles who have a mental illness, a substance use disorder or a combination thereof, and who are in, or at risk of entering, the criminal or juvenile justice systems. The funding is only available to Florida County governments. On January 14, 2014, the Board approved a re-application for this grant (Agenda item 16D7). Staff was notified recently that Collier County received full funding of its $853,316.71 request. This new award will allow for the continuation of the existing grant and program. The current funding provides diversion strategies and treatment efforts related to mental illness, substance abuse disorders or co-occurring mental health and substance abuse disorders to reduce the demand on the resources of the judicial, corrections,juvenile detention and health and social services systems. This award will continue the existing VAO partnership described above. HHVS is the fiscal agent of the grant and is responsible for ensuring compliance with its programmatic and financial reporting requirements. Implementation of the grant activities will be achieved through subrecipient agreements with three agencies, DLC, CCSO and NAMI. FISCAL IMPACT: The total cost of the grant is $1,785,644.34. The grant award is $853,316.71 and it requires a one to one match. Match is being provided by each subrecipient in the amount of$814,345.95 cash and $45,387.20 as in-kind for a total match of$859,733.15. A budget amendment is required in the amount of$853,316.71 in Human Services Grant Fund 707,Project 33332. Packet Page -919- 5/13/2014 16.D.2. Grant Cash Match In-Kind Match Proposed Entity Funding Funding Funding General Fund Total HHVS $46,366.91 - $11,000.00 $72,594.48 $ 129,961.39 DLC $367,140.80 $321,698.22 $10,368.00 - $ 699,207.02 CCSO $333,123.00 $395,291.73 $14,688.00 - $ 743,102.73 NAMI $106,686.00 $97,356.00 $9,331.20 - $ 213,373.20 Total $853,316.71 $814,345.95* $45,387.20* $72,594.48 $ 1,785,644.34 *Note: Combination of Cash and In-kind match totals$859,733.15. Collier County, in the role of fiscal agent and grant manager, will provide financial and grant management support at a cost of approximately $129,961.39, where $46,366.91 is grant reimbursed over the 36-month grant period, $11,000 is In-Kind match funding and the net cost of$72,594.48 is proposed to be funded through the General Fund (123)supported portion of the HHVS budget. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval.—JAB GROWTH MANAGEMENT IMPACT: This action will have no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign a Grant Agreement with DCF to implement a three-year CJMHSA grant program in the amount of$853,316.71 and approve subrecipient agreements with the DLC for $367,140.80, CCSO for $333,123.00 and NAMI of Collier County for$106,686.00. Prepared By: Elly Soto McKuen, Grant and Housing Coordinator,Housing, Human and Veteran Services Packet Page -920- 5/13/2014 16.D.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.2. Item Summary: Recommendation to approve a Grant Agreement with the Florida Department of Children and Families to implement a three-year Criminal Justice Mental Health and Substance Abuse Reinvestment Grant Program in the amount of$853,316.71 and approve subrecipient agreements with the David Lawrence Center for$367,140.80,the Collier County Sheriff's Office for$333,123, and the National Alliance of Mental Illness of Collier County, for $106,686. Meeting Date: 5/13/2014 Prepared By Name: McKuenElly Title: Grant Support Specialist, Housing, Human&Veteran 3/22/2014 12:48:31 PM Submitted by Title: Grant Support Specialist,Housing, Human&Veteran Name: McKuenElly 3/22/2014 12:48:32 PM Approved By Name: SonntagKristi Title: Manager-Federal/State Grants Operation,Housing, Human &Veteran Services Date: 4/25/2014 3:15:46 PM Name: GrantKimberley Title: Director-Housing,Human and Veteran S, Housing, Human &Veteran Services Date: 4/25/2014 3:45:50 PM Name: KushiEdmond Title: Accountant, Housing,Human &Veteran Services Date: 4/28/2014 8:21:58 AM Packet Page-921- 5/13/2014 16.D.2. Name: Bendisa Marku Title: Supervisor-Accounting,Housing,Human&Veteran Services Date: 4/28/2014 9:46:42 AM Name: TownsendAmanda Title: Director-Operations Support, Public Services Division Date: 4/28/2014 11:42:07 AM Name: AlonsoHailey Title: Operations Analyst,Public Services Division Date: 4/28/2014 2:10:45 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 4/29/2014 4:49:10 PM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 4/30/2014 1:42:59 PM Name: CarnellSteve Title:Administrator-Public Services,Public Services Division Date: 5/1/2014 7:28:10 AM Name: BelpedioJennifer Title:Assistant County Attorney, CAO General Services Date: 5/2/2014 11:44:45 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/2/2014 1:41:44 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management Date: 5/2/2014 6:32:49 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior, Grants Management Office Date: 5/5/2014 4:04:36 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/6/2014 8:27:56 AM Packet Page-922- 5/13/2014 16.D.2. Name: OchsLeo Title: County Manager, County Managers Office Date: 5/6/2014 11:52:37 AM Packet Page-923- 5/13/2014 16.D.2. Contract No. LHZ46 Client❑ Non-Client CFDA No. N/A THIS GRANT AGREEMENT* is entered into between the Florida Department of Children and Families, hereinafter referred to as the "Department" and Collier County Board of County Commissioners, hereinafter referred to as the'Provider". The Department and Provider agree as follows: if this document is denoted above as a GRANT AGREEMENT, the term "Contract" as it may appear hereinafter shall be construed to mean"Grant"or"Grant Agreement"as the context may provide. Similarly,the term"Provider"shall be construed to mean"Grantee"and the term"Contract Manager"shall be construed to mean"Grant Manager." 1. ENGAGEMENT,TERM AND CONTRACT DOCUMENT, 1.1 Purpose and Contract Amount. The Department is engaging the Provider for the purpose of implementing a three year Criminal Justice Mental Health and Substance Abuse Reinvestment Grant Program, pursuant to s. 394.656, F.S., as further described in Section 2 hereof, payable as provided in Section 3 hereof, in an amount not to exceed$853,316.71. 1.2 Effective and Ending Dates. This Contract shall be effective on May 1,2014 or the last date executed by a party,whichever is later. The service performance period under this Contract shall commence on May 1, 2014 or the effective date of this Contract,whichever is later, and shall end at midnight, Eastern time,on April 30,2017,subject to the survival of terms provisions of Section 7.4 hereof. ® This Contract may not be renewed. ❑ This Contract may be renewed in accordance with Section 26 of the FUR 1000 Form and,if renewed,costs for the renewal may not be charged to this Contract. ❑ The renewal price(s)set forth in the bid, proposal, or reply are shown in Exhibit F__,subject to negotiation at renewal per section 287.057(13), Florida Statutes(FS.). ❑ Not applicable, 1.3 Official Payee and Party Representatives. a. The name,address,telephone number and e-mail address c. The name, address,telephone number and e-mail address of of the Provider's official payee to whom the payment shall be the Contract Manager for the Department for this Contract are: directed on behalf of the Provider are: Name: Collier County Board of County Commissioners Name: Jennifer Benghuzzl Address: Attention:Clerk's Finance Office Address: 1317 Winewood Blvd. 3299 Tamiami Trail East,Suite 403 Building 6, Room 232 City: Naples State:FL Zip Code:34112 City:Tallahassee State:FL Zip Code:32399 Phone: (239)252-8481 Phone: (850)717-4348 ext: ext: e-mail:Connie.Murray@collierclerk.com e-mail:jennifer_benghuzzi @dcf.state.fl.us _ b. The name of the contact person and address, telephone, d, The name, address, telephone number and e-mail of the and e-mail address where the Provider's financial and Provider's representative responsible for administration of the administrative records are maintained are: program under this Contract(and primary point of contact)are: Name:Kimberley Grant Name: Kimberley Grant Address: Collier County Housing, Human and Veteran Address: Collier County Housing, Human and Veteran Services Services 3339 E.Tamiami Trail,Suite 211 3339 E.Tamiami Trail,Suite 211 City: Naples State:FL Zip Code:34112 City: Naples State:FL Zip Code:34112 Phone: (239)252-6287 Phone: (239)252.6287 ext: ext: e-mail:KimberleyGranta,}Coltiergov.net e-maiLKimberleyGrant @Calliergov.net Per section 402.7305(1)(a), F.S., the Department's Contract Manager is the primary point of contact through which all contracting information flows between the Department and the Provider. Upon change of representatives(names, addresses,telephone numbers or e-mail addresses)by either party, notice shall be provided in writing to the other party. CF Integrated Contract 2014 1 Contract No. LHZ46 Packet Page -924- �� 5/13/2014 16.D.2. 1.4 Contract Document, This Contract is composed of Sections 1 through 7 hereof,as well as Exhibits A through F and attachments 1 through 2 and any exhibits referenced in said attachments, together with any documents incorporated by reference, which contain all the terms and conditions agreed upon by the parties. 1.4.1 The definitions found in the Standard Contract Definitions,located at: http:/www,dcf.state.fl.us/admin/contracts/does/StandardContractTerms2014.pdf are incorporated into and made a part of this Contract.Additional definitions may be forth in Exhibit A,Special Provisions. 1.4.2 The PUR 1000 Form(10/06 version)is hereby incorporated into and made a part of this Contract. Sections 1.d.,2-4,6,8-13, 23, 27 and 31 of the FUR 1000 Form are not applicable to this Contract. In the event of any conflict between the FUR 1000 Form and any other terms or conditions of this Contract,such other terms or conditions shall take precedence over the PUR 1000 Form. 1.4.3 The terms of Exhibit A, Special Provisions, supplement or modify the terms of Sections 1 through 7 hereof, as provided therein. 1.4.4 In the event of a conflict between the provisions of the documents,the documents shall be interpreted in the following order of precedence: • a. Exhibits A through F; b. Any documents incorporated into any exhibit by reference; c, This Standard Contract; d. Any documents incorporated into this Contract by reference. • e. Attachments 1 through 2. 2. STATEMENT OF WORK. • The Provider shall perform all tasks and provide units of deliverables,including reports,findings, and drafts,as specified in this Contract. Except for advances, if any, provided for in this Contract,these deliverables must be received and accepted by the Contract Manager in writing prior to payment, subject to subsequent audit and review and to the satisfaction of the Department. The Department's determination of acceptable services shall be conclusive. Department receipt of reports and other submissions by the Provider does not constitute acceptance thereof, which occurs only through a separate and express act of the Contract Manager. Unless otherwise provided in the procurement document,if any,or governing law,the Department reserves the right to increase or decrease the volume of services and to add tasks that are incidental or complimentary to the original scope of services. Except where the method of payment is prescribed by law, compensation under Section 3 will be equitably adjusted by the Department to the extent that it prescribes a fixed price(previously called"fixed fee")payment method or does not provide a method of payment for added tasks. 2.1 Scope of Work. The Scope of Work is described in Exhibit B. 2.2 Task List. The Provider shall perform all tasks set forth in the Task List,found in Exhibit C,in the manner set forth therein. 2.3 Deliverables. Deliverables shall be as described in Exhibit D. 2.4 Performance Measures. 2.4.1 Performance Measures for Acceptance of Deliverables. The performance measures for acceptance of deliverables are set forth in Exhibit D,Section D-4. 2.4.2 Minimum Performance Measures. To avoid contract termination, Provider's performance must meet the minimum performance standards set forth in Exhibit E, Minimum Performance Measures, Section E-1, regardless of any other performance measures in this Contract. By execution of this Contract the Provider hereby acknowledges and agrees that its performance under the Contract must meet these Minimum Performance Measures and that it will be bound by the conditions set forth therein. If the Provider fails to meet these standards, the Department, at its exclusive option, may allow a reasonable period, not to exceed 6 months,for the Provider to correct performance deficiencies. If performance deficiencies are not resolved to the satisfaction of the Department within the prescribed time,and if no extenuating circumstances can be documented by the Provider to the Department's satisfaction, the Department must terminate the Contract. The Department has the sole authority to determine whether there are extenuating or mitigating circumstances. The Provider further acknowledges and agrees that during any period in which the CF Integrated Contract 2014 2 Contract No. LHZ46 Packet Page -925- 5/13/2014 16.D.2. Provider fails to meet these standards, regardless of any additional time allowed to correct performance deficiencies, payment for deliverables may be delayed or denied and financial consequences may apply. 3. PAYMENT,INVOICE AND RELATED TERMS. The Department shall pay for services performed by the Provider during the service performance period of this Contract according to the terms and conditions of this Contract in an amount not to exceed that set forth in Section 1.1 hereof,subject to the availability of funds and satisfactory performance of all terms by the Provider. Except for advances, if any, provided for in this Contract, payment shall be made only upon written acceptance of all services by the Department and shall remain subject to subsequent audit or review to confirm contract compliance, The State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this Contract. 3.1 Method of Payment. The Provider shall be paid in accordance with Exhibit F Method of Payment and Invoices. 3.2 Invoices, 3.2.1 Generally. The Provider shall submit bills for fees or other compensation for services or expenses in sufficient detail for • proper pre-audit and post-audit. Where itemized payment for travel expenses is permitted in this Contract,the Provider shall submit bills for any travel expenses in accordance with section 112.061,F.S., or at such lower rates as may be provided in this Contract. 122 Final Invoice, The final invoice for payment shall be submitted to the Department no more than 90 days after the Contract ends or is terminated. If the Provider fails to do so, all rights to payment are forfeited and the Department will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this Contract may be withheld until performance of services and all reports due from the Provider and necessary adjustments thereto, have been approved by the Department. 3,3 Financial Consequences. If the Provider fails to perform in accordance with this Contract or perform the minimum level of service required by this Contract, the Department will apply financial consequences as provided for in Section 6.1 hereof. The parties agree that the penalties provided for under Section 6.1 hereof constitute financial consequences under sections 287.058(1)(h)and 215.971(1)(c), F.S. The foregoing does not limit additional financial consequences, which may include but are not limited to refusing payment, withholding payments until deficiency is cured,tendering only partial payments,applying payment adjustments for additional financial consequences or for liquidated damages to the extent that this Contract so provides,or termination of this Contract per Section 6.2.3 hereof and requisition of services from an alternate source. Any payment made in reliance on the Provider's evidence of performance, which evidence is subsequently determined to be erroneous,will be immediately due as an overpayment in accordance with Section 3,4 hereof, to the extent of such error. 3.4 Overpayments and Offsets. The Provider shall return to the Department any overpayments due to unearned funds or funds disallowed that were disbursed to the Provider by the Department and any interest attributable to such funds. Should repayment not be made promptly upon discovery by the Provider or its auditor or upon written notice by the Department, the Provider will be charged interest at the lawful rate of interest on the outstanding balance until returned. Payments made for services subsequently determined by the Department to not be in full compliance with contract requirements shall be deemed overpayments. The Department shall have the right at any time to offset or deduct from any payment due under this or any other contract or agreement any amount due to the Department from the Provider under this or any other contract or agreement. 3.5 MvFloridaMarketPlace Transaction Fee. This Contract is exempt from the MyFloridaMarketPlace transaction fee. 4. GENERAL TERMS AND CONDITIONS GOVERNING PERFORMANCE. 4.1 Compliance with Statutes, Rules and Regulations. • In performing its obligations under this Contract, the Provider shall without exception be aware of and comply with all State and Federal laws, rules and regulations relating to its performance under this Contract as they may be enacted or amended from time-to-time, including but not limited to those described in Exhibit Al,as well as any court or administrative order,judgment,settlement or compliance agreement involving the Department which by its nature affects the services provided under this Contract. CF Integrated Contract 2014 3 Contract No. LHZ46 Packet Page -926- 5/13/2014 16.D.2. 4.2 Independent Contractor,Subcontracting and Assignments. 4.2.1 In performing its obligations under this Contract, the Provider shall at all times be acting in the capacity of an independent contractor and not as an officer,employee,or agent of the State of Florida,except where the Provider is a State agency. Neither the Provider nor any of its agents, employees, subcontractors or assignees shall represent to others that it is an agent of or has the authority to bind the Department by virtue of this Contract, unless specifically authorized in writing to do so. This Contract does not create any right in any individual to State retirement, leave benefits or any other benefits of State employees as a result of performing the duties or obligations of this Contract. 4.2.2 The Provider shall take such actions as may be necessary to ensure that it and each subcontractor of the Provider will be deemed to be an independent contractor and will not be considered or permitted to be an officer,employee,or agent of the State of Florida. The Department will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical support) to the Provider, or its subcontractor or assignee, unless specifically agreed to by the Department in this Contract. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all necessary insurance for the Provider, the Provider's officers, employees, agents, subcontractors, or assignees shall be the sole responsibility of the Provider and its subcontractors. The parties agree that no joint employment is intended and that, regardless of any provision directing the manner of provision of services, the Provider and its subcontractors alone shall be responsible for the supervision,control,hiring and firing,rates of pay and terms and conditions of employment of their own employees. 4.2.3 The Provider shall not assign its responsibilities under this Contract to another party, in whole or part, without prior written approval of the Department, upon the Department's sole determination that such assignment will not adversely affect the public interest. No payment shall be made under this Contract to any factor or other person who has been assigned or transferred the • right to receive payment in lieu of or on behalf of the Provider except upon full and faithful performance of the Provider's duties hereunder.Any assignment or transfer occurring without prior approval of the Department shall be null and void. The Provider shall not subcontract for any of the work contemplated under this Contract without prior written approval of the Department, which shall not be unreasonably withheld. 4.2.4 The State of Florida shall at all times be entitled to assign or transfer, in whole or part, its rights,duties,or obligations under this Contract to another governmental agency in the State of Florida or to a provider of the Department's selection, upon giving prior written notice to the Provider. In the event of assignment by either party, this Contract shall remain binding upon the lawful successors in interest of the Provider and the Department. 4.2.5 The Provider is responsible for all work performed and for all commodities produced pursuant to this Contract whether • actually furnished by the Provider or by its subcontractors. Any subcontracts shall be evidenced by a written document. The Provider further agrees that the Department shall not be liable to the subcontractor in any way or for any reason relating to this Contract. 4.2.6 The Provider shall include,in all subcontracts(at any tier)the substance of all clauses contained in this Contract that mention or describe subcontract compliance,as well as all clauses applicable to that portion of the Provider's performance being performed by or through the subcontract. 4.3 Provider Indemnity. Section 19 of PUR 1000 Form shall apply per its terms, except that the phrase"arising from or relating to personal injury and damage to real or personal tangible property" in the first paragraph is replaced with"arising out of or by reason of the execution of this Contract or arising from or relating to any alleged act or omission by the Provider,its agents,employees, partners,or subcontractors in relation to this agreement,"and the following additional terms will also apply: 4.3.1 If the Provider removes an infringing product because it is not reasonably able to modify that product or secure the Department the right to continue to use that product,the Provider shall immediately replace that product with a non-infringing product that the Department determines to be of equal or better functionality or be liable for the Department's cost in so doing. 4.3.2 Further,the Provider shall indemnify the Department for all costs and attorneys fees arising from or relating to Provider's claim that a record contains trade secret information that is exempt from disclosure or the scope of the Provider's redaction of the record, as provided for under Section 5.3. hereof,including litigation initiated by the Department. The Provider's inability to evaluate liability or its evaluation of liability shall not excuse its duty to defend and indemnify after receipt of notice. Only an adjudication or judgment after the highest appeal is exhausted finding the Department negligent shall excuse the Provider of performance under this provision, in which case the Department shall have no obligation to reimburse the Provider for the cost of its defense. If the Provider is an agency or subdivision of the State, its obligation to indemnify, defend and hold harmless the CF Integrated Contract 2014 4 Contract No.L1-1Z46 Packet Page -927- 5/13/2014 16.D.2. Department shall be to the extent permitted by section 768.28, F.S. or other applicable law,and without waiving the limits of sovereign immunity. • 4.4 Insurance. The Provider shall maintain continuous adequate liability insurance coverage during the existence of this Contract and any renewal(s) and extension(s) thereof.With the exception of a State agency or subdivision as defined by subsection 768.28(2), F.S., by execution of this Contract,the Provider accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the Provider and the clients to be served under this Contract. Upon the execution of this Contract,the Provider shall furnish the Department written verification supporting both the determination and existence of such insurance coverage and shall furnish verification of renewal or replacement thereof prior to the expiration or cancellation. The Department reserves the right to require additional insurance as specified in this Contract. 4.5 Notice of Legal Actions. The Provider shall notify the Department of potential or actual legal actions taken against the Provider related to services provided through this Contract or that may impact the Provider's ability to deliver the contractual services, or that may adversely impact the Department. The Department's Contract Manager will be notified within 10 days of Provider becoming aware of such actions or potential actions or from the day of the legal filing,whichever comes first. 4.6 Intellectual Property. It is agreed that all intellectual property, inventions,written or electronically created materials,including manuals, presentations,films,or other copyrightable materials,arising in relation to Provider's performance under this Contract, and the performance of all of its officers, • agents and subcontractors in relation to this Contract,are works for hire for the benefit of the Department, fully compensated for by the contract amount,and that neither the Provider nor any of its officers,agents nor subcontractors may claim any interest in any intellectual • property rights accruing under or in connection with the performance of this Contract. It is specifically agreed that the Department shall have exclusive rights to all data processing software falling within the terms of section 119.084, F.S.,which arises or Is developed in the course of or as a result of work or services performed under this Contract, or in any way connected herewith. Notwithstanding the foregoing provision, if the Provider is a university and a member of the State University System of Florida, then section 1004.23, F.S., shall apply. 4.6.1 If the Provider uses or delivers to the Department for its use or the use of its employees, agents or contractors, any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood that, except as to those items specifically listed in Exhibit A as having specific limitations, the compensation paid pursuant to this Contract includes all royalties or costs arising from the use of such design, device,or materials in any way involved in the work contemplated by this Contract. For purposes of this provision, the term "use" shall include use by the Provider during the term of this Contract and use by the Department its employees,agents or contractors during the term of this Contract and perpetually thereafter. 4.6.2 All applicable subcontracts shall include a provision that the Federal awarding agency reserves all patent rights with respect to any discovery or invention that arises or is developed in the course of or under the subcontract. Notwithstanding the foregoing provision, if the Provider or one of its subcontractors is a university and a member of the State University System of Florida,then section 1004.23, F.S.,shall apply,but the Department shall retain a perpetual,fully-paid,nonexclusive license for its use and the use of its contractors of any resulting patented,copyrighted or trademarked work products. 4.7 Transition Activities. Continuity of service is critical when service under this Contract ends and service commences under a new contract. Accordingly,when service will continue through another provider upon the expiration or earlier termination of this Contract, the Provider shall, without additional compensation, complete all actions necessary to smoothly transition service to the new provider. This includes but is not limited to the transfer of relevant data and files, as well as property funded or provided pursuant to this Contract. The Provider shall be required to support an orderly transition to the next provider no later than the expiration or earlier termination of this Contract and shall support the requirements for transition as specified in a Department-approved Transition Plan, which shall be developed jointly with the new provider in consultation with the Department. 4.8 Real Property. Any State funds provided for the purchase of or improvements to real property are contingent upon the Provider granting to the State a security interest in the property at least to the amount of the State funds provided for at least five (5) years from the date of purchase or the completion of the improvements or as further required by law. As a condition of receipt of State funding for this purpose,the Provider agrees that, if it disposes of the property before the Department's interest is vacated,the Provider will refund the proportionate share of the State's initial investment,as adjusted by depreciation. CF Integrated Contract 2014 5 Contract No.LHZ46 Packet Page -928- 5/13/2014 16.D.2. 4.9 Publicity. Without limitation, the Provider and its employees, agents, and representatives will not, without prior Departmental written consent in each instance,use in advertising,publicity or any other promotional endeavor any State mark,the name of the State's mark,the name of the State or any State agency or affiliate or any officer or employee of the State,or any State program or service,or represent,directly or indirectly,that any product or service provided by the Provider has been approved or endorsed by the State, or refer to the existence of this Contract in press releases,advertising or materials distributed to the Provider's prospective customers. 4.10 Sponsorship. As required by section 286.25, F.S., if the Provider is a non-governmental organization which sponsors a program financed wholly or in part by State funds, including any funds obtained through this Contract,it shall, in publicizing,advertising,or describing the sponsorship of the program state; "Sponsored by (Provider's name) and the State of Florida, Department of Children and Families". If the sponsorship reference is in written material,the words"State of Florida, Department of Children and Families"shall appear in at least the same size letters or type as the name of the organization. • 4.11 Employee Gifts. • The Provider agrees that it will not offer to give or give any gift to any Department employee during the service performance period of this ` Contract and for a period of two years thereafter. In addition to any other remedies available to the Department, any violation of this provision will result in referral of the Provider's name and description of the violation of this term to the Department of Management Services for the potential inclusion of the Provider's name on the suspended vendors list for an appropriate period. The Provider will ensure that its subcontractors,if any,comply with these provisions. 4.12 Mandatory Reporting Requirements. The Provider and any subcontractor must comply with and inform its employees of the following mandatory reporting requirements. Each employee of the Provider, and of any subcontractor, providing services in connection with this Contract who has any knowledge of a reportable incident shall report such incident as follows: 1) reportable incidents that may involve an immediate or impending impact on the health or safety of a client shall be immediately reported to the Contract Manager;and 2)other reportable incidents shall be reported to the Department's Office of Inspector General by completing a Notification/investigation Request (Form CF 1934) and emailing the request to the Office of Inspector General at ig_complaints @dcf,state,fl.us. The Provider and subcontractor may also mail the completed form to the Office of Inspector General, 1317 Winewood Boulevard, Building 5,2nd Floor,Tallahassee,Florida,32399-0700; or via fax at (850)488-1428. A reportable incident is defined in CFOP 180-4,which can be obtained from the Contract Manager. 5. RECORDS,AUDITS AND DATA SECURITY. 5.1 Records,Retention,Audits,Inspections and Investigations. 5.1.1 The Provider shall establish and maintain books, records and documents(including electronic storage media) sufficient to reflect all income and expenditures of funds provided by the Department under this Contract. 5.1.2 Retention of all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Contract shall be maintained by the Provider during the term of this Contract and retained for a period of six(6) years after completion of the Contract or longer when required by law. In the event an audit is required under this Contract, records shall be retained for a minimum period of six(6)years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this Contract,at no additional cost to the Department. 5.1.3 Upon demand, at no additional cost to the Department, the Provider will facilitate the duplication and transfer of any records or documents during the term of this Contract and the required retention period in Section 5.1.2 hereof. • 5.1.4 These records shall be made available at all reasonable times for inspection, review,copying,or audit by Federal, State, or other personnel duly authorized by the Department. 5.1.5 At all reasonable times for as long as records are maintained, persons duly authorized by the Department and Federal auditors, pursuant to 45 Code of Federal Regulations(CFR) s.92.36(i)(10),shall be allowed full access to and the right to examine any of the Provider's contracts and related records and documents,regardless of the form in which kept, 5.1.6 A financial and compliance audit shall be provided to the Department as specified in this Contract and in Attachment 1. 5.1.7 The Provider shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by The Office of the Inspector General(section 20.055,F.S.). CF integrated Contract 2014 6 Contract No. LHZ46 Packet Page -929- 5/13/2014 16.D.2. No record may be withheld nor may the Provider attempt to limit the scope of any of the foregoing inspections, reviews, copying, transfers or audits based on any claim that any record is exempt from public inspection or is confidential,proprietary or trade secret in nature; provided,however,that this provision does not limit any exemption to public inspection or copying to any such record. 5.2 Inspections and Corrective Action. The Provider shall permit all persons who are duly authorized by the Department to inspect and copy any records, papers, documents, facilities, goods and services of the Provider which are relevant to this Contract, and to interview any clients, employees and subcontractor employees of the Provider to assure the Department of the satisfactory performance of the terms and conditions of this Contract, Following such review, the Department will deliver to the Provider a written report of its findings, and may direct the development,by the Provider,of a corrective action plan where appropriate. The Provider hereby agrees to timely correct all deficiencies identified in the Department's written report. This provision will not limit the Department's termination rights under Section 6.2.3 hereof. 5.3 Provider's Confidential and Exempt Information. 5.3.1 By executing this Contract, the Provider acknowledges that, having been provided an opportunity to review all provisions hereof, all provisions of this Contract not specifically identified in writing by the Provider prior to execution hereof as'confidential or exempt" will be posted by the Department on the public website maintained by the Department of Financial Services pursuant to section 215.985, F.S. The Provider agrees that, upon written request of the Department,it shall promptly provide to the Department a written statement of the basis for the exemption applicable to each provision identified by the Provider as"confidential or exempt", including the statutory citation to an exemption created or afforded by statute, and state with particularity the reasons for the conclusion that the provision is exempt or confidential. 5.3.2 Any claim by Provider of trade secret (proprietary) confidentiality for any information contained in Provider's documents (reports, deliverables or workpapers, etc., in paper or electronic form)submitted to the Department in connection with this Contract will be waived, unless the claimed confidential information is submitted in accordance with Section 5.3.2.a.hereof. a. The Provider must clearly label any portion of the documents, data, or records submitted that it considers exempt from public inspection or disclosure pursuant to Florida's Public Records Law as trade secret. The labeling will include a justification citing specific statutes and facts that authorize exemption of the information from public disclosure. If different exemptions are claimed to be applicable to different portions of the protected information, the Provider shall include information correlating the nature of the claims to the particular protected information. b. The Department,when required to comply with a public records request including documents submitted by the Provider, may require the Provider to expeditiously submit redacted copies of documents marked as trade secret in accordance with Section 5.3.2.a hereof. Accompanying the submission shall be an updated version of the justification under Section 5.3.2.a. hereof, correlated specifically to redacted information, either confirming that the statutory and factual basis originally asserted remain unchanged or indicating any changes affecting the basis for the asserted exemption from public inspection or disclosure. The redacted copy must exclude or obliterate only those exact portions that are claimed to be trade secret. If the Provider fails to promptly submit a redacted copy, the Department is authorized to produce the records sought without any redaction of proprietary or trade secret information. The Provider shall be responsible for defending its claim that each and every portion of the redactions of trade secret information are exempt from inspection and copying under Florida's Public Records Law. 5.4 Health insurance Portability and Accountability Act. ❑ The Provider certifies that neither it nor its subcontractors will have access to, receive or provide Protected Health Information within the meaning of the Health Insurance Portability and Accountability Act(42 U.S,C.s.1320d.) and the regulations promulgated thereunder(45 CFR Farts 160, 162,and 164)incidental to performance of this Contract. ® In compliance with 45 CFR s.164,504(e), the Provider shall comply with the provisions of Attachment 2 to this Contract, governing the safeguarding, use and disclosure of Protected Health Information created,received,maintained, or transmitted by the Provider or its subcontractors incidental to the Provider's performance of this Contract. 5.5 Confidential Client and Other Information. Except as provided in this Contract,the Provider shall not use or disclose but shall protect and maintain the confidentiality of any client information and any other information made confidential by Florida law or Federal laws or regulations that is obtained or accessed by the Provider or its subcontractors incidental to performance under this Contract. CF Integrated Contract 2014 7 Contract No, LHZ46 Packet Page -930- �D 5/13/2014 16.D.2. 5.6 Data Security. The Provider shall comply with the following data security requirements whenever the Provider or its subcontractors have access to Department data systems or maintain any client or other confidential information in electronic form: 5.6.1 An appropriately skilled individual shall be identified by the Provider to function as its Data Security Officer. The Data Security Officer shall act as the liaison to the Department's security staff and will maintain an appropriate level of data security for the information the Provider is collecting or using in the performance of this Contract. An appropriate level of security includes approving and tracking all Provider employees that request or have access to any Departmental data system or information. The Data Security Officer will ensure that user access to the data system or information has been removed from all terminated Provider employees. • 5.6.2 The Provider shall provide the latest Departmental security awareness training to its staff who have access to departmental information. 5.6.3 All Provider employees who have access to Departmental information shall comply with,and be provided a copy of CFOP 50- 2, and shall sign the DCF Security Agreement form CF 0114 annually. A copy of CF 0114 may be obtained from the Contract Manager. 5.6.4 The Provider shall make every effort to protect and avoid unauthorized release of any personal or confidential information by ensuring both data and mobile storage devices are encrypted as prescribed in CFOP 50-2. If encryption of these devices is not possible, then the Provider shall assure that unencrypted personal and confidential Departmental data will not be stored on unencrypted storage devices. 5.6.5 The Provider agrees to notify the Contract Manager as soon as possible,but no later than five(5)business days following the determination of any breach or potential breach of personal and confidential Departmental data. • 5.6.6 The Provider shall at its own cost provide notice to affected parties no later than 45 days following the determination of any potential breach of personal or confidential Departmental data as provided in section 817.5681, F.S. The Provider shall also at its • own cost implement measures deemed appropriate by the Department to avoid or mitigate potential injury to any person due to a breach or potential breach of personal and confidential Departmental data, • The Provider shall cause each of its subcontractors having access to Department data systems or maintaining any client or other confidential information in electronic form to comply with the provisions of this Section 5.6 and the term "Provider"shall be deemed to mean the subcontractor for such purposes. 6. PENALTIES,TERMINATION AND DISPUTE RESOLUTION. 6.1 Financial Penalties for Failure to Take Corrective Action. 6.1.1 In accordance with the provisions of section 402,73(1), F.S., and Rule 65-29.001, F.A.C., 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. 6.1.2 The increments of penalty imposition that shall apply, unless the Department determines that extenuating circumstances exist, shall be based upon the severity of the noncompliance, nonperformance, or unacceptable performance that generated the need for corrective action plan.The penalty, if imposed,shall not exceed ten percent(10%)of the total contract payments during the period in which the corrective action plan has not been implemented or in which acceptable progress toward implementation has not been made.Noncompliance that is determined to have a direct effect on client health and safety shall result in the imposition of a ten percent(10%)penalty of the total contract payments during the period in which the corrective action plan has not been implemented or in which acceptable progress toward implementation has not been made. 6.1.3 Noncompliance involving the provision of service not having a direct effect on client health and safety shall result in the imposition of a five percent(5%)penalty.Noncompliance as a result of unacceptable performance of administrative tasks shall result in the imposition of a two percent(2%)penalty. 6.1.4 The deadline for payment shall be as stated in the Order imposing the financial penalties. In the event of nonpayment the Department may deduct the amount of the penalty from invoices submitted by the Provider. 6.2 Termination. 6.2.1 in accordance with Section 22 of PUR 1000 Form,this Contract may be terminated by the Department without cause upon no less than thirty(30)calendar days notice in writing to the Provider unless a sooner time is mutually agreed upon in writing. CF Integrated Contract 2014 8 Contract No.LHZ46 Packet Page -931- �O 5/13/2014 16.D.2. 6.2.2 In the event funds for payment pursuant to this Contract become unavailable,the Department may terminate this Contract upon no less than twenty-four(24) hours notice in writing to the Provider. The Department shall be the final authority as to the availability and adequacy of funds. 6,2,3 In the event the Provider fails to fully comply with the terms and conditions of this Contract,the Department may terminate the Contract upon no less than twenty-four (24) hours (excluding Saturday, Sunday, and Holidays) notice in writing to the Provider. Such notice may be issued without providing an opportunity for cure if it specifies the nature of the noncompliance and states that provision for cure would adversely affect the interests of the State or is not permitted by law or regulation. Otherwise, notice of termination will be issued after the Provider's failure to fully cure such noncompliance within the time specified In a written notice of noncompliance issued by the Department specifying the nature of the noncompliance and the actions required to cure such noncompliance. In addition, the Department may employ the default provisions in Rule 60A-1.006(3), F.A.C., but is not required to • do so in order to terminate the Contract.The Department's failure to demand performance of any provision of this Contract shall not be deemed a waiver of such performance, The Department's waiver of any one breach of any provision of this Contract shall not be deemed to be a waiver of any other breach and neither event shall be construed to be a modification of the terms and conditions of this Contract. The provisions herein do not limit the Department's right to remedies at law or in equity. 6.2.4 Failure to have performed any contractual obligations under any other contract with the Department In a manner satisfactory • to the Department will be a sufficient cause for termination. To be terminated under this provision, the Provider must have: (1) previously failed to satisfactorily perform in a contract with the Department, been notified by the Department of the unsatisfactory • performance, and failed to timely correct the unsatisfactory performance to the satisfaction of the Department;or(2)had a contract terminated by the Department for cause. Termination shall be upon no less than twenty-four(24) hours notice in writing to the • Provider. In the event of termination under Sections 6.2.1 or 6.2.2 hereof,the Provider will be compensated for any work satisfactorily completed through the date of termination or an earlier date of suspension of work per Section 21 of the PUR 1000. 6.3 Dispute Resolution. Any dispute concerning performance of this Contract or payment hereunder shall be decided by the Department's Contract Manager, who shall reduce the decision to writing and provide a copy to the Provider. The decision shall be final and conclusive unless within twenty-one(21)calendar days from the date of receipt of the Contract Manager's decision,the Provider delivers to the Contract Manager a petition for alternative dispute resolution. After receipt of a petition for alternative dispute resolution the Department and the Provider shall attempt to amicably resolve the dispute through negotiations. Timely delivery of a petition for alternative dispute resolution and completion of the negotiation process shall be a condition precedent to any legal action by the Provider concerning this Contract. After timely delivery of a petition for alternative dispute resolution,the parties may employ any dispute resolution procedures described in the Attachment I or other attachment,or mutually agree to an alternative binding or nonbinding dispute resolution process,the terms of which shall be reduced to writing and executed by both parties. Completion of such agreed process shall be deemed to satisfy the requirement for completion of the negotiation process. This provision shall not limit the parties'rights of termination under Section 6.2 hereof. All notices provided under Section 6 shall be in writing on paper,physically sent to the person identified in Section 1.3.d hereof by U.S. Postal Service or any other delivery service that provides verification of delivery,or by hand delivery. 7. OTHER TERMS. 7.1 Governing Law and Venue. This Contract is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in accordance with Florida law, without regard to Florida provisions for conflict of laws. Courts of competent jurisdiction in Florida shall have exclusive jurisdiction in any action regarding this Contract and venue shall be in Leon County,Florida. Unless otherwise provided in any other provision or amendment hereof,any amendment, extension or renewal(when authorized)may be executed in counterparts as provided in Section 46 of the PUR 1000 Form. 7.2 No Other Terms. 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. 7.3 Severability of Terms. 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 term or provision shall be stricken. CF Integrated Contract 2014 9 Contract No. LHZ46 Packet Page -932- 0 5/13/2014 16.D.2. 7.4 Survival of Terms. The parties agree that, unless a provision of this Contract, its attachments or incorporated documents expressly states otherwise as to itself or a named provision, all provisions of this Contract concerning obligations of the Provider and remedies available to the Department are intended to survive the"ending date"or an earlier termination of this Contract. The Provider's performance pursuant to such surviving provisions shall be without further payment, as the contract payments received during the term of this Contract are consideration for such performance. 7.5 Modifications. Modifications of provisions of this Contract shall be valid only when they have been reduced to writing and duly signed by both parties. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the Department's operating budget. 7.6 Most Favored Party Status, The Provider represents and warrants that the prices and terms for its services under this Contract are no less favorable to the Department than those for similar services under any existing contract with any other party. The Provider further agrees that,within 90 days of Provider entering into a contract or contract amendment or offering to any other party services similar to those under this Contract under prices or terms more favorable than those provided in this Contract,the Provider will report such prices and terms to the Department, which prices or terms shall be effective as an amendment to this Contract upon the Department's written acceptance thereof. Should the Department discover such other prices or terms, the same shall be effective as an amendment to this Contract retroactively to the earlier of the effective date of this Contract(for other contracts in effect as of that date)or the date they were first • contracted or offered to the other party (for subsequent contracts, amendments or offers) and any payment in excess of such pricing shall be deemed overpayments. Provider shall submit an affidavit no later than July 31st of each year during the term of this Contract attesting that the Provider is in compliance with this provision,as required by section 216.0113,F.S. 7.7 Anticompetitive Agreements. The Provider will not offer,enter into nor enforce any formal or informal agreement with any person,firm or entity under which the parties agree to refrain from competing for any future service contract or limit in any manner the ability of either party to obtain employment by or provide services to the Department or a provider of services to the Department. • 7.8 Communications. Except where otherwise provided in this Contract, communications between the parties regarding this Contract may be by any commercially reasonable means. Where this Contract calls for communication in writing, such communication includes email, and attachments thereto are deemed received when the email is received. 7.9 Accreditation. The Department is committed to ensuring provision of the highest quality services to the persons we serve. Accordingly,the Department has expectations that where accreditation is generally accepted nationwide as a clear indicator of quality service, the majority of the Department's providers will either be accredited, have a plan to meet national accreditation standards, or will initiate a plan within a reasonable period of time. 7.10 Transitioning Young Adults. The Provider understands the Department's interest in assisting young adults aging out of the dependency system. The Department encourages Provider participation with the local Community-Based Care Lead Agency Independent Living Program to offer gainful employment to youth in foster care and young adults iransitioning from the foster care system. 7.11 DEO and Workforce Florida. The Provider understands that the Department, the Department of Economic Opportunity, and Workforce Florida, Inc., have jointly implemented an initiative to empower recipients in the Temporary Assistance to Needy Families Program to enter and remain in gainful employment.The Department encourages Provider participation with the Department of Economic Opportunity and Workforce Florida. 7.12 Purchases by Other Agencies. The Department of Management Services may approve this Contract as an alternate contract source pursuant to Rule 60A-1.047,Florida Administrative Code, if requested by another agency. Other State agencies may purchase from the resulting contract, provided that the Department of Management Services has determined that the contract's use is cost-effective and in the best interest of the State. Upon CF Integrated Contract 2014 10 Contract No.LHZ46 Packet Page -933- off ' 5/13/2014 16.D.2. such approval, the Contractor may, at its discretion, sell these commodities or services to additional agencies, upon the terms and conditions contained herein. By signing this Contract, the parties agree that they have read and agree to the entire Contract, as described in Section 1.4 hereof. IN WITNESS THEREOF, the parties hereto have caused this 36 page Contract to be executed by their undersigned officials as duly authorized. PROVIDER: Collier County Board of County FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Commissioners Signature: Signature: Print/Type Print/Type Name: ����"r H r. p t t'J& Name: Hayden J. Mathieson Title: CH Art [ ► .r Title: Director,Substance Abuse and Mental Health Date: Date: The parties agree that any future amendment(s)replacing this page will not affect the above execution. STATE AGENCY 29 DIGIT FLAIR CODE: Federal Tax ID#(or SSN):59.6000556 Provider Fiscal Year Ending Date: 09/30. Approved as to form and legality r E. &ROCK, tier'ia CF., 2 . r4 n,, Assistant County Attorney CF Integrated Contract 2014 11 Contract No.LHZ46 Packet Page -934- 5/13/2014 16.D.2. EXHIBIT A—SPECIAL PROVISIONS The following provisions supplement or modify the provisions of Sections 1 through 7,above,as provided herein: SECTION 1:ENGAGEMENT,TERM AND CONTRACT DOCUMENT A-1 Program Specific Terms, In addition to the provisions of Section 1.4.1,the following definitions apply to this Grant Agreement. A-1.1 Centralized Coordination Program means the program proposed in the Grantee's Application,designed to improve centralized coordination among some combination of mental health providers,law enforcement agencies,courts,and other partner agencies,with regard to one or more aspects of substance abuse or mental health services for the target population. A-1.2 Centralized Assessment Center(CAC) Program Participant referes to an individual who has been assessed at the CAC for Forensic Reintegration Support Team(FIRST)program eligibility but has not been enrolled. A-1.3 Crisis Intervention Team(CIT)means a first responder model that provides law enforcement-based crisis intervention training for assisting individuals with a mental illness experiencing a behavioral healthcare crisis, A-1.4 Forensic Reintegration Support Team(FIRST)Program Participants refers to individuals enrolled in Case Management and any other service offered through the FIRST Program. A-1.5 SSI/SSDI is the acronym for the Supplemental Security Income and Social Security Disability Insurance programs • administered by the United States Social Security Administration. A-1.6 Strategic Plan means a document that is the result of a formal systemic and stakeholder planning process that documents participation by stakeholders; is data and research driven;establishes a path to the accomplishment of prioritized goals and objectives;and describes an intended outcome and measurable targets of achievement if the Grantee participated in Sequential Intercept Mapping,the document produced as a result of that mapping may serve as the strategic plan. A-1.7 Target Population means the selected category of individuals for which the Grantee intends to develop and focus grant-related activities,further defined as follows: A-1.7.1 Adults refers to persons age 18 or older who are arrested,or those at-risk of involvement in the criminal justice system, who are high utilizers of emergency or crisis services.Typically,these individuals are poor,experience homelessness,and have chronic • health issues,including a mental illness,substance use disorder,or combination thereof.Through repeat encounters with law enforcement,courts,jails,fire departments,emergency medical services,hospitals,and shelters,they consume a disproportionate amount of health,social services,and criminal justice resources—usually without attaining positive outcomes.Individuals who pose a high public safety risk are excluded,including those with a current charge of murder,sexual assault,or arson: SECTION 2:STATEMENT OF WORK. There are no additional provisions to this section of the Standard Contract. SECTION 3: PAYMENT,INVOICE AND RELATED TERMS A-2 Return of Funds. In addition to the provisions of Section 3.4, Grantees shall return to the Department any unused funds;any accrued interest earned;and any unmatched grant funds,pursuant to section 394.656,F.S.,as detailed in the Final Financial Report,no later than 90 days following the ending date of this Grant Agreement. SECTION 4:GENERAL TERMS AND CONDITIONS GOVERNING PERFORMANCE There are no additional provisions to this section of the Standard Contract, SECTION 5: RECORDS,AUDITS AND DATA SECURITY There are no additional provisions to this section of the Standard Contract. SECTION 6:PENALTIES,TERMINATION AND DISPUTE RESOLUTION There are no additional provisions to this section of the Standard Contract. CF Integrated Contract 2014 12 Contract No. LHZ46 Packet Page-935- 5/13/2014 16.D.2. SECTION 7:OTHER TERMS There are no additional provisions to this section of the Standard Contract. • CF Integrated Contract 2014 13 Contract No.LHZ46 Packet Page -936- 4111) 5/13/2014 16.D.2. EXHIBIT Al-STATE AND FEDERAL LAWS, RULES AND REGULATIONS RELATING TO PERFORMANCE As provided in Section 4.1 of this Contract, the Provider is required to comply with the following requirements, as applicable to its performance under this Contract, as they may be enacted or amended from time to time. Provider acknowledges that it is independently responsible for investigating and complying with all State and Federal laws, rules and regulations relating to its performance under this Contract and that the below is only a sample of the State and Federal laws, rules and regulations that may govern its performance under this Contract. Al-I Federal Law. A1.1.1 If this Contract contains Federal Funds, the Provider shall comply with the provisions of Federal law and regulations including,but not limited to,45 CFR,Parts 74 and 92,and other applicable regulations. • Al-1.2 If this Contract contains$10,000 or more of Federal Funds,the Provider shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375 and others, and as supplemented in Department of Labor regulation 41 CFR,Part 60 and 45 CFR, Part 92,if applicable. Al-1.3 If this Contract contains over$100,000 of Federal Funds,the Provider shall comply with all applicable standards,orders,or regulations issued under section 306 of the Clean Air Act,as amended(42 United States Code(U.S.C.)7401 et seq.),section 508 of the Federal Water Pollution Control Act, as amended(33 U.S.C. 1251 et seq.), Executive Order 11738, as amended and where applicable, and Environmental Protection Agency regulations (40 CFR, Parl 30). The Provider shall report any violations of the above to the Department. A1.1.4 No Federal Funds received in connection with this Contract may be used by the Provider,or agent acting for the Provider, or subcontractor to influence legislation or appropriations pending before the Congress or any State legislature. If this Contract contains Federal funding in excess of$100,000,the Provider must,prior to contract execution,complete the Certification Regarding Lobbying form, Attachment NIA, if a Disclosure of Lobbying Activities form, Standard Form LLL, is required, it may be obtained from the contract manager. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and • returned to the Contract Manager,prior to payment under this Contract. • Al-1.5 If this Contract contains Federal Funds and provides services to children up to age 18,the Provider shall comply with the Pro-Children Act of 1994 (20 U.S.C,.6081). Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation or the imposition of an administrative compliance order on the responsible entity,or both. •Al-1.6 Unauthorized aliens shall not be employed. Employment of unauthorized aliens shall be cause for unilateral cancellation of this Contract by the Department for violation of section 274A(e)of the Immigration and Nationality Act(8 U.S.C. 1324 a)and section 101 of the Immigration Reform and Control Act of 1986. The Provider and its subcontractors will enroll in and use the E-verify system established by the U.S. Department of Homeland Security to verify the employment eligibility of its employees and its subcontractors' employees performing under this Contract. "Employee assigned to the contract" means all persons employed or assigned (including subcontractors) by the Provider or a subcontractor during the contract term to perform work pursuant to this contract within the United States and its territories, Al-2 Civil Rights Requirements. In accordance with Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, or the Florida Civil Rights Act of 1992, as applicable the Provider shall not discriminate against any employee (or applicant for employment) in the performance of this Contract because of race, color, religion, sex, national origin, disability, age, or marital status. Further, the Provider agrees not to discriminate against any applicant, client, or employee in service delivery or benefits in connection with any of its programs and activities in accordance with 45 CFR,Parts 80,83,84,90,and 91,Title VI of the Civil Rights Act of 1964,or the Florida Civil Rights Act of 1992, as applicable and CFOP 60-16. These requirements shall apply to all contractors, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to clients or employees in connection with its programs and activities. If employing fifteen or more employees,the Provider shall complete the Civil Rights Compliance Checklist,CF Form 946 within 30 days of execution of this Contract and annually thereafter in accordance with CFOP 60-16 and 45 CFR, Part 80. Al-3 Use of Funds for Lobbying Prohibited.The Provider shall comply with the provisions of sections 11.062 and 216.347, F.S.,which prohibit the expenditure of contract funds for the purpose of lobbying the Legislature,judicial branch,or a State agency. A1-4 Public Entity Crime and Discriminatory Contractors. Pursuant to sections 287,133 and 287.134, F.S., the following restrictions are placed on the ability of persons placed on the convicted vendor list or the discriminatory vendor list. When a person or affiliate has CF Integrated Contract 2014 14 Contract No.LHZ46 Packet Page -937- 003 5/13/2014 16.D.2. been placed on the convicted vendor list following a conviction for a public entity crime, or an entity or affiliate has been placed on the discriminatory vendor list, such person,entity or affiliate may not submit a bid, proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a bid, proposal,or reply on a contract with a public entity for the construction or the repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity; provided, however, that the prohibition on persons or affiliates placed on the convicted vendor shall be limited to business in excess of the threshold amount provided in section 287.017, F.S.,for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. A1-5 Whistleblower's Act Requirements. In accordance with subsection 112,3187(2), F.S., the Provider and its subcontractors shall not retaliate against an employee for reporting violations of law, rule, or regulation that creates substantial and specific danger to the public's health,safety,or welfare to an appropriate agency. Furthermore,agencies or independent contractors shall not retaliate against any person who discloses information to an appropriate agency alleging improper use of governmental office,gross waste of funds, or any other abuse or gross neglect of duty on the part of an agency,public officer,or employee. The Provider and any subcontractor shall inform its employees that they and other persons may file a complaint with the Office of Chief Inspector General, Agency Inspector General,the Florida Commission on Human Relations or the Whistle-blower's Hotline number at 1-800-543-5353. Al-6 Public Records. A1-6.1 As required by section 287.058(1)(c), F.S.,the Provider shall allow public access to all documents, papers, letters,or other public records as defined in subsection 119.011(12), F.S, as prescribed by subsection 119.07(1) F.S., made or received by the Provider in conjunction with this Contract except that public records which are made confidential by law must be protected from disclosure. It is expressly understood that the Provider's failure to comply with this provision shall constitute an immediate breach of contract for which the Department may unilaterally terminate this Contract. A1-6.2 As required by section 119.0701, F.S., to the extent that the Provider is acting on behalf of the Department within the meaning of section 119.011(2), F.S.,the Provider shall; a. Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the service. b. Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in Chapter 119, F.S.,or as otherwise provided by law. • c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the Provider upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department. A1-7 Support to the Deaf or Hard-of-Hearing. A1-7.1 Where direct services are provided,the Provider and its subcontractors shall comply with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as implemented by 45 CFR Part 84 (hereinafter referred to as Section 504), the Americans with Disabilities Act of 1990, 42 U.S.C. 12131, as implemented by 28 CFR Part 35 (hereinafter referred to as ADA), and the Children and Families Operating Procedure(CFOP)60-10,Chapter 4,entitled"Auxiliary Aids and Services for the Deaf or Hard-of-Hearing" Al-7.2 If the Provider or any of its subcontractors employs 15 or more employees,the Provider shall designate a Single-Point-of- Contact(one per firm)to ensure effective communication with deaf or hard-of-hearing customers or companions in accordance with Section 504 of the ADA, and CFOP 60-10, Chapter 4. The Provider's Single-Point-of-Contact and that of its Subcontractors will process the compliance data into the Department's HHS Compliance reporting Database by the 5th business day of the month, covering the previous month's reporting, and forward confirmation of submission to the Contract Manager. The name and contact information for the Provider's Single-Point-of-Contact shall be furnished to the Department's Grant or Contract Manager within 14 calendar days of the effective date of this requirement. A1.7.3 The Provider shall, within 30 days of the effective date of this requirement, contractually require that its subcontractors comply with Section 504,the ADA,and CFOP 60-10,Chapter 4. A Single-Point-of-Contact shall be required for each subcontractor that employs 15 or more employees. This Single-Point-of-Contact will ensure effective communication with deaf or hard-of-hearing CF Integrated Contract 2014 15 Contract No. LHZ46 Packet Page -938- 5/13/2014 16.D.2. customers or companions in accordance with Section 504 and the ADA and coordinate activities and reports with the Provider's Single-Point-of-Contact. Al-7.4 The Single-Point-of-Contact shall ensure that employees are aware of the requirements, roles & responsibilities, and contact points associated with compliance with Section 504, the ADA, and CFOP 60-10, Chapter 4. Further, employees of providers and their subcontractors with 15 or more employees shall attest in writing that they are familiar with the requirements of Section 504,the ADA,and CFOP 60-10,Chapter 4. This attestation shall be maintained in the employee's personnel file, A1-7.5 The Provider's Single-Point-of-Contact will ensure that conspicuous Notices which provide information about the availability of appropriate auxiliary aids and services at no-cost to the deaf or hard-of-hearing customers or companions are posted near where people enter or are admitted within the agent locations. Such Notices must be posted immediately by The Provider and its subcontractors. The approved Notice can be downloaded through the Internet at: http://www.rnyflfamilies.com/about-us/services- deaf-and-hard-hearing/dcf-posters, A1.7.6 The Provider and its subcontractors shall document the customer's or companion's preferred method of communication and • any requested auxiliary aids/services provided in the customer's record. Documentation, with supporting justification, must also be made if any request was not honored. The Provider shall distribute Customer Feedback forms to customers or companions, and provide assistance in completing the forms as requested by the customer or companion. • Al-7.7 If customers or companions are referred to other agencies,the Provider must ensure that the receiving agency is notified of the customer's or companion's preferred method of communication and any auxiliary aids/service needs. Al-7.8 The Department requires each contract/subcontract provider agency's direct service employees to complete Serving our Customers who are Deaf or Hard-of-Heating and sign the Attestation of Understanding.Direct service employees performing under this Contract will also print their certificate of completion,attach it to their Attestation of Understanding, and maintain them in their personnel file. A1-8 Client and Other Confidential Information. State laws providing for the confidentiality of client and other information include but are not limited to sections 39.0132,39.00145,39.202,39,809,39.908,63.162,. 63.165,383.412,394.4615, 397.501,409.821,409.175, 410.037, 410.605, 414.295, 415.107, 415.295, 741.3165 and 916.107, F.S. Federal laws and regulations to the same effect include section 471(a)(8) of the Social Security Act, section 106(b)(2)(A)(viii) of the Child Abuse Prevention and Treatment Act, 7 U.S.C, §2020(e)(8), 42 U.S.C. §602 and 42 U.S.C. §1396a(a)(7) and 7 CFR §272.1(c), 42 CFR §§2.1-2.3, 42 CFR §431.300-30645 CFR §400.27(a) and 45 CFR §205.50. A summary of Florida Statutes providing for confidentiality of this and other information are found in Part I I of the Attorney General's Government in the Sunshine Manual,as revised from time-to-time. A1-9 PRIDE. Articles which are the subject of or are required to carry out this Contract shall be purchased from Prison Rehabilitative Industries and Diversified Enterprises, Inc., (PRIDE) identified under Chapter 946, F.S., in the same manner and under the procedures set forth in subsections 946.515(2)and (4), F.S. For purposes of this Contract, the Provider shall be deemed to be substituted for the Department insofar as dealings with PRIDE. This clause is not applicable to subcontractors unless otherwise required by law. An abbreviated list of products/services available from PRIDE may be obtained by contacting PRIDE,(800)643-8459. A1.10 Recycled Products. The Provider shall procure any recycled products or materials,which are the subject of or are required to carry out this Contract,in accordance with the provisions of sections 403.7065,F.S. Al-11 Scrutinized Companies. If this Contract is for an amount of$1 Million or more,the Department may terminate this Contract at any time the Provider is found to have submitted a false certification under section 287.135, F.S.,or has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Al-12 Federal Funding Accountability and Transparency Act. The Provider will complete and sign the FFATA Certification of Executive Compensation Reporting Requirements form (CF 1111 or successor) if this Contract includes $25,000 or more in Federal Funds(as determined over its entire term). The Provider shall also report the total compensation of its five most highly paid executives if it also receives in excess of 80%of its annual gross revenues from Federal Funds. A1-13 Prompt Payment and Vendor Ombudsman. Pursuant to section 215.422, F.S., the Department has five(5) working days to inspect and approve goods and services,unless the bid specifications, purchase order, or this Contract specify otherwise. Any amount that is authorized for payment but is not available within forty(40) days, measured from the latter of the date a properly completed invoice is received by the Department or the goods or services are received, inspected, and approved (or within 35 days after the date eligibility for payment of a health care provider is determined), a separate interest penalty as described in section 215.422, F.S.,will be due and payable in addition to the amount authorized for payment. Interest penalties less than one(1)dollar will not be paid unless the CF Integrated Contract 2014 16 Contract No. LHZ46 3 Packet Page -939- 5/13/2014 16.D.2. •Provider requests payment. A Vendor Ombudsman has been established within the Department of Financial Services and may be contacted at(850)413-5516. Al-I4 Timely Payment of Subcontractors. To the extent that a subcontract provides for payment after Provider's receipt of payment from the Department, the Provider shall make payments to any subcontractor within 7 working days after receipt of full or partial payments from the Department in accordance with section 287.0585, F.S.,unless otherwise stated in the contract between the Provider and subcontractor. Failure to pay within seven (7)working days will result in a penalty that shall be charged against the Provider and paid by the Provider to the subcontractor in the amount of one-half of one percent(.005)of the amount due per day from the expiration of the period allowed for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen(15%)percent of the outstanding balance due. Al-15 Employment Screening. Al.15.1The Provider shall ensure that all staff utilized by the Provider and its subcontractors that are required by Florida law to be screened in accordance with chapter 435, F.S., are of good moral character and meet the Level 2 Employment Screening standards specified by sections 435.04, 110.1127, and subsection 39.001(2), F.S., as a condition of initial and continued employment that shall include but not be limited to: a. Employment history checks; b. Fingerprinting for all criminal record checks; c. Statewide criminal and juvenile delinquency records checks through the Florida Department of Law Enforcement (FDLE); d. Federal criminal records checks from the Federal Bureau of Investigation via the Florida Department of Law Enforcement;and e. Security background investigation, which may include local criminal record checks through local law enforcement agencies. f. Attestation by each employee,subject to penalty of perjury,to meeting the requirements for qualifying for employment pursuant to chapter 435 and agreeing to inform the employer immediately if arrested for any of the disqualifying offenses while employed by the employer. Al.15.2The Provider shall sign an affidavit each State fiscal year for the term of the contract stating that all required staff have been screened or the Provider is awaiting the results of screening. Al-16 Human Subject Research. The Provider shall comply with the requirements of CFOP 215-8 for any activity under this Contract involving human subject research within the scope of 45 CFR, Part 46,and 42 U.S.C.section 289,et seq.,and may not commence such • activity until review and approval by the Department's Human Protections Review Committee and a duly constituted Institutional Review Board, M.17 Coordination of Contracted Services. Section 287.0575, F.S., mandates various duties and responsibilities for certain State agencies and their contracted service providers, and requires the following Florida health and human services agencies to coordinate their monitoring of contracted services: Department of Children and Families, Agency for Persons with Disabilities, Department of Health, Department of Elderly Affairs,and Department of Veterans Affairs,where applicable. In accordance with Section 287.0575(2),F.S.,each contract service provider that has more than one contract with one or more of the five Florida health and human services agencies must provide a comprehensive list of their health and human services contracts to their respective Contract Manager(s). The list must include the following information: • Name of each contracting State agency and the applicable office or program issuing the contract. • Identifying name and number of the contract. • Starting and ending date of each contract. • Amount of each contract. • A brief description of the purpose of the contract and the types of services provided under each contract. • Name and contact information of each Contract Manager. See NIA for additional laws, rules and regulations affecting performance of this Contract. CF Integrated Contract 2014 17 Contract No.LHZ46 Packet Page -940- 5/13/2014 16.D.2. EXHIBIT B-SCOPE OF WORK B-1 Scope of Service. This is a three-year Grant Agreement,pursuant to the Criminal Justice,Mental Health and Substance Abuse Reinvestment Grant established under authority of sections 394.656 through 394.6591,F.S. Under this Grant Agreement the Grantee shall partner with the David Lawrence Center,the Collier County Sheriffs Office(CCSO), and the National Alliance for the Mentally III (NAMI)of Collier County to operate a Centralized Assessment Center(CAC)and provide services by a Forensic Reintegration Support Team(FIRST),a coordinated jail reintegration team for arrestees with mental illness and substance abuse problems designed to decrease the likelihood of re-arrest. B-2 The Grantee shall conduct all activities supported by this Grant Agreement in accordance with the Grantee's application,dated November 26,2013, in response to the Department's Request for Applications-Grant#LHZ02-Amended,dated October 2013.Both the Grantee's application and the Departments Request for Applications are hereby incorporated by reference and shall be maintained in the Grantee's and the Department's official files.The terms of the Grantee's application may not be changed without specific advance written approval by the Department. B-3 Major Grant Objectives. B-3.1 The Grantee shall create a Centralized Coordination Program within eight months of the execution of this Grant Agreement. B-3.2 The Grantee shall assure that individuals and entities who will be working with the Target Population are adequately trained in identifying or delivering recovery-oriented services. B-3.3 The Grantee shall endeavor to increase access to mental health treatment,substance abuse treatment or mental health and substance abuse prevention services for program participants identified as the Target Population. B-3.4 The Grantee shall endeavor to increase public safety by reducing the number of arrests for the Target Population. B-3.5 The Grantee shall provide individualized services to engage and motivate participants in the Target Population to improve their lives and avoid incarceration. B-4 Service Area, Locations and Times. B-4.1 Service Area. The Grantee shall provide services within Collier County,Florida. B-4.2 Service Delivery Locations. B.4.2.1 The Grantee's administrative offices shall be located at the address specified in Section 1.3 of this Grant Agreement. B.4.2.2 The Grantee's programmatic offices shall be located at:3339 E.Tamiami Trail,Suite 211,Naples, FL 34112. B.4.2.3 The Grantee's primary program site for CAC services shall be located at:David Lawrence Center,6075 Bathey Lane,Naples,FL 34116. B.4.2.4 The Grantee's primary program site for coordinating CIT training shall be located at:Nationally Alliance for the Mentally Ill of Collier County,6216 Trail Boulevard, Building C,Naples,FL 34108, B-4.3 Service Times.Services shall be provided,at a minimum,between the hours of 8:00 a.m.to 5:00 p.m., Monday through Friday,Eastern Time except for state-recognized holidays.Changes in service times and any additional holidays that the Grantee wants to observe shall be approved in writing by the Department. B-4.4 Changes in Location. The Grantee shall notify the Department in writing a minimum of one week prior to making changes in office location or any changes that will affect the Department's ability to contact the provider by telephone,facsimile,or email. B-5. Clients to be Served. The Target Population for services under this program is adults with substance abuse and mental health disorders who reside in Collier County. B-6. Client Determination. The Grantee and its designated partner are jointly responsible for the determination of appropriate program participants under this Grant Agreement. CF Integrated Contract 2014 18 Contract No.LHZ46 Packet Page-941- (�j 5/13/2014 16.D.2. B-7. Equipment. In accordance with the terms of the Grantee's application,the Grantee shall be responsible for supplying all equipment necessary to perform and complete the services described herein including but not limited to computers,telephones,copier and fax machine,supplies and maintenance. B-8, Grant Agreement Limits, B-8.1 The total funds awarded under this Grant Agreement shall not exceed$853,316.71 over the lifetime of this Grant Agreement. B-8.2 The total funds awarded for each program year under this Grant Agreement shall not exceed B.8,2.1 $274,694.17 in program year 1; B.8.2.2 $263,556.24 in program year 2;and 13.8.2.3 $295,066.30 in program 3. CF Integrated Contract 2014 19 Contract No.LHZ46 Packet Page -942- 5/13/2014 16.D.2. EXHIBIT C-TASK LIST The Provider shall perform all functions necessary for the proper delivery of services including,but not limited to,the following: C-1 Service Tasks. C-1.1 To support Objective B-3.1,the Grantee shall implement a Centralized Coordination Program offering FIRST services through the CAC at David Lawrence Center no later than November 30,2014.The CAC will enhance the efficiency and • effectiveness of CIT officers seeking to divert individuals from arrest,incarceration,or prosecution.The CAC will host a • FIRST team providing coordinated jail reintegration team to arrestees with mental illnesses and substance abuse problems in order to decrease the likelihood of re-arrest. To achieve these program outcomes,the Grantee shall: C-1.1.1 Establish a Memorandum of Understanding(MOU)with all participating law enforcement agencies(city, county,local municipalities)outlining the transportation plan,roles,and responsibilities of each agency; C-1.1.2 Establish a MOU with the local Homeless Coalition outlining planning strategies and available housing • alternatives(e,g.low demand,veterans,transitional,permanent,etc.)in the community; C-1.1.3 Hire and train relevant staff,including peer specialists for adult services or self-help recovery-oriented supports;and • C-1.1.4 Ensure an ongoing collaborative relationship between the Centralized Coordination Program and law enforcement,judicial personnel,families, and consumers of substance abuse and mental health services, and substance abuse and mental health providers through daily activities and the oversight of the Public Safety Coordinating Council over the lifetime of this Grant Agreement. C-1.2 To support Objective B-3.2, the Grantee shall train law enforcement and other community partners in the principles of Crisis Intervention Teams(CIT)and evidenced based practices,and engage families and other natural supports to reduce the likelihood of subsequent crises.To achieve these Program outcomes,the Grantee shall: C-1.2.1 Provide CIT trainings on a quarterly basis to a total of 180 law enforcement officers over the term of this Grant Agreement; C-1.2.2 Ensure that all FIRST Team members,as applicable,are trained in evidence-based practices appropriate to the needs of each team member's job description. Examples of appropriate evidence based-practices include Moral Reconation Therapy,Motivational Interviewing,Supportive Housing,Supportive Employment,SOAR(SSI, Outreach, Access, and Retention),and Certified Recovery Specialist;and C-1.3 To support Objectives B-3.3 and B-3.4,the Grantee shall work with the agencies involved in the Centralized Coordinating Program to ensure that program participants are receiving coordinated SAMH services designed to decrease the likelihood of criminal activity and contact with the criminal justice system.To achieve these Program outcomes,the Grantee shall: • C-1.3.1 Provide timely and effective screening,assessment and referral to services to participants in the Target Population at the CAC and at the CCSO jail; C-1.3.2 Provide jail-based substance abuse treatment at the CCSO jail,using the Project Recovery Program model implemented through expansion of an existing CCSO contract with Corizon;and C-1.3.3 Provide intensive individualized substance abuse treatment and recovery services by the FIRST team to arrestees returning to the community which C-1.3.3.1 Ensure that CIT trained officers access the CAC and FIRST as alternatives to arrest as a diversionary tool; C-1.3.3.2 Enhance the FIRST team by adding substance abuse as primary issue as program inclusion criteria; C-1.3.3.3 Maintain a FIRST team to participant ratio of 1:20 or lower,ensuring those with more needs receive the most intensive assistance;and C-1.3.3.4 Provide effective,evidence-based transition-planning,treatment and ancillary supports to ensure best possible clinical and social outcomes and reduce arrests. CF Integrated Contract 2014 20 Contract No, LHZ46 Packet Page-943- `tom 5/13/2014 16.D.2. C-1.3.4 Conduct annual Planning Council meetings to review and revise the strategic plan based on current system gaps. C-1.4 To support Objective B-3.5,the Grantee shall ensure Provide individualized services to engage and motivate individuals in the Target Population to improve their lives and avoid incarceration.To achieve this program outcome,the Grantee shall: C-1.4.1 Incorporate the following evidence-based practices into FIRST team service delivery • C-1.4.1.1 Motivational Interviewing strategies to engage and motivate participants to improve their life situations; • C-1.4.1.2 Supported Employment and Supported Housing evidence-based practices to help participants meet personal goals and participate fully in the life of the community;and C-1.4.1.3 FIRST Team will link participants with disability benefits through SOAR,as well as to social and natural supports. C-2 Administrative Tasks C-2.1 Staffing.The Grantee shall assign and maintain the following staff,as detailed in the Grantee's application,and supported by this Grant Agreement to accomplish the Major Grant Objectives specified in Exhibit B and Service Tasks specified in Exhibit C: C-2.1.1 The following full-time equivalent(FTE)staff of the Collier County Housing, Human and Veteran Services department supported by this Grant Agreement: C-21.1.1 0.12 FTE Grantee Program Coordinator responsible for oversight and reporting on all Grantee and sub-recipient partner agency activities supported by the terms of this Grant Agreement; C-2.1.1.2 Lead Accountant services not to exceed 0.08 FTE hours;and C-2.1.1.3 Accounting Tech services not to exceed 0.02 FTE hours. C-2.1.2 The following subcontract or sub-grantee staff supported by this Grant Agreement through the David Lawrence Center: C-2.1.2.1 FIRST team staff to include: • C-2.1.2.1.1 1.0 FTE Case Manager; C-2.1,2.1.2 0.5 FTE Masters Level Mental Health Counselor; and • C-2.1,2.1.3 1.0 FTE Supportive Living,Employment and Life Skills Coach. C-2A.3 The following subcontract or sub-grantee staff supported by this Grant Agreement through the Collier County Sheriff's Office: C-2.1.3.1 2.0 FTE Discharge Planners, C-2.1.4 The following subcontract or sub-grantee staff supported by this Grant Agreement through NAMI of Collier County: C-2.1.4.1 1.0 FTE Peer Counselor. C-2.1.5 Professional Qualifications.The Grantee shall ensure all program staff assigned by its subcontractor or sub-grantee maintain all applicable minimum licensing, accreditation,training and continuing education requirements required by state and federal laws or regulations for their assigned duties and responsibilities. C-2.2 Subcontracting. C-2.2.1 Subject to the provisions of Section 4 of the Standard Contract, the Grantee shall subcontract with or issue a sub-grant agreement to Collier County Housing, Human and Veterans Service,Collier County Sheriffs Office, David Lawrence Center and NAM!of Collier County for the provision of services under this Grant Agreement,as detailed in the Grantee's application. • CF Integrated Contract 2014 21 Contract No. LHZ46 Packet Page -944- 5/13/2014 16.D.2. C-2.2.2 Without express written advance authorization by the Department,the Grantee shall not award subcontracts or sub-grants to any other individuals or organizations;nor shall it transfer,reassign or otherwise give responsibility for the implementation of any services funded by this Grant Agreement. C-2.2.3 The Grantee shall require all subcontractors or sub-grantees at any tier level to comply with the E-Verify clause subject to the same requirements as the Grantee. C-2.2.4 The Grantee shall be responsible for coordinating expenditures made by subcontractors and sub-grantees. The Grantee shall ensure funds dispersed to subcontractors and sub-grantees are expended for the purposes intended and that a full accounting for these grants funds is made. C-22.5 The Grantee shall be responsible for service delivery,monitoring and quality assurance of all subcontracts or sub-grants entered into by the Grantee under this Grant Agreement. C-2.2.6 The Grantee shall include in all subcontract or sub-grant agreements:a detailed scope of work;clear and specific deliverables;performance standards;sanctions for nonperformance;programmatic monitoring requirements; fiscal monitoring requirements;detailed documentation requirements, and the substance of all clauses in the Standard Contract that mention or describe subcontract compliance. C-2.3 Records and Documentation. C-2.3.1 The Grantee shall retain all financial records,supporting documents,statistical records and any other documents,whether kept by electronic storage media or otherwise,for a period of not less than six years after the starting date of this Grant Agreement. If audit findings have not been resolved at the end of the six year period,the • records shall be retained until resolution of the audit findings. State auditors and any persons authorized by the Department shall have full access to,and shall have the right to examine any materials at any time during regular business hours. C-2.3.2 The Grantee shall provide data and other information requested by the CJMHSA Grant Technical Assistance Center(TAC)at the Louis de la Parte Florida Mental Health Institute of the University of South Florida to enable TAC to perform statutory duties established in the authorizing legislation. C-2.3.3 The Grantee shall protect confidential records from disclosure and protect participants'confidentiality in accordance with s.397.501(7), F.S. C-2.3.4 Unless otherwise specified in Section C-2.5,all correspondence,reports, records and documentation may be maintained and provided to the Department electronically. C-2.3.5 The Grantee shall maintain,and shall ensure all partner agencies maintain records and documentation including,but not limited to,the following: C-2.3.5.1 Draft reports,final reports,meeting notes,telephone logs; C-2.3.5.2 Executed subcontract or sub-grant agreements and any amendments,invoices and supporting documentation, expenditure reports,and deliverables; C-2.3.5.3 Documentation of time worked for each staff paid in whole or in part with these Grant Agreement funds; C-2.3.5.4 Travel logs and requests for reimbursement for staff travel;and 0-2.3.5.5 Employment screening results for each staff who meets the requirements to be screened for employment. 0-2.3.6 All records and documentation pertaining to this Grant Agreement shall be sent to the Department upon request and shall be available to the Department for inspection at any time. 0-2.4 Reports. C-2.4.1 All tasks and activities under this Grant Agreement shall be documented in the following reports. 0-2.4.1.1 Quarterly Program Status Report. A detailed report of the services and activities performed in the previous three months and the progress of the program in meeting the performance measures,goals, CF Integrated Contract 2014 22 Contract No. LHZ46 Packet Page -945- 5/13/2014 16.D.2. objectives,and tasks described in the Grantee's application.The Department will provide the template needed to file this report. C-2.4.1.2 Quarterly Financial Report.A detailed report of expenditures for the previous three months associated with this Grant Agreement,including funds provided by the Department and county match-funds. The report must reconcile these expenditures with the payments made by the Department.The Grantee is encouraged to use this report for expenditure planning and projection.The report must be submitted in hard copy accompanied by a signed certification from the County Administrator that the report represents a complete and accurate account of all expenditures supported by this Grant Agreement and county match obligations.The Department will provide the template needed to file this report. C-2.4.1.3 Final Program Status Report.A detailed report of the services or activities performed for the entire term of the Grant Agreement and the status of the meeting the performance measures,goals,objectives,and tasks described in the Grantee's application and the terms of this Grant Agreement.The Board of County Commissioners shall be responsible for approving the report before submission to the Department.The report must be submitted in hard copy accompanied by a signed certification from the County Administrator.The Department will provide guidance on filing this report. C-2.4.1.4 Final Financial Report. A detailed report documenting the expenditure of funds provided by this Grant Agreement and compliance with the statutory county match requirement.The report must be submitted in hard copy accompanied by a signed certification from the County Administrator that the report represents a complete and accurate account of all expenses supported by this Grant Agreement and county match • obligations. The Department will provide guidance on filing this report. C-2.4.2 Reporting Schedule.The Grantee shall submit reports in accordance with the reporting schedule in Table 1. Table 1.Reporting Schedule • Report Name : Due Date DCF Address to Receive Reports Quarterly Program Status 15th day of the month following the Report quarter of program services or activities Department of Children&Families Quarterly Financial Report +15th day of the month following the Attention:Jennifer Benghuzzi quarter of program services or activities Substance Abuse&Mental Health Building 6,Room 232 Final Program Status No later than 90 days following the 1317 Winewood Blvd Report . ending date of the Grant Agreement. Tallahassee,FL 32399 Final Financial Report No later than 90 days following the ending date of the Grant Agreement. C-2.4.3 Additional Reporting Requirements.The Grantee shall provide additional reporting pertaining to the services and activities rendered should the Department determine this to be necessary, C-2.5 Standard Contract Requirements. Provider will perform all acts required by Sections 4,5 and 7 of the Standard Contract. C-2.6 Client Risk Prevention. In accordance with the client risk prevention system,the Grantee shall report those reportable situations listed in CFOP 215-6 in the manner prescribed in CFOP 215-6. The Provider shall immediately report any knowledge or reasonable suspicion of abuse,neglect,or exploitation of a child,aged person,or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number(1-800-96ABUSE). As required by Chapters 39 and 415, F.S.,this provision is binding upon both the Provider and its employees. C-2.7 Emergency Preparedness Plan. C-2.7.1 If the tasks to be performed pursuant to this Grant Agreement include the physical care or supervision of clients, the Grantee shall,within 30 days of the execution of this Grant Agreement,submit an emergency preparedness plan CF Integrated Contract 2014 23 Contract No.LHZ46 Packet Page -946- tom;) 5/13/2014 16.D.2. which shall include provisions for records protection,alternative accommodations for clients in substitute care,supplies, and a recovery plan that will allow the Grantee,its subcontractors or sub-grantees to continue functioning in compliance with the executed Grant Agreement in the event of an actual emergency. C•2.7.2 For the purpose of disaster planning,the term supervision includes a child who is under the jurisdiction of a dependency court. Children may remain in their homes,be placed in a non-licensed relative/non-relative home,or be placed in a licensed foster care setting. • C-2.7.3 No later than twelve months following the Department's original acceptance of a plan and every twelve months thereafter,the Grantee shall submit a written certification that it has reviewed its plan, along with any modifications to the • plan,or a statement that no modifications were found necessary. • C-2.7.4 The Department agrees to respond in writing within 30 days of receipt of the original or updated plan,accepting, • rejecting,or requesting modifications, • • • • • • CF Integrated Contract 2014 24 Contract No. LHZ46 Packet Page -947- `�f 5/13/2014 16.D.2. EXHIBIT D--DELIVERABLES 0-1, Service Units. D-1.1 A service unit is a bundle of three months of combined FIRST services,CAC services and CIT training as described in the Grantee's Application and summarized in Table 2, 0-2. Service Targets,Over the lifetime of this Grant Agreement,the Grantee shall attain the service targets described below and summarized in Table 2. D-2.1 The Grantee shall deliver FIRST services to a total of 270 FIRST Program Participants. D-2.2 The Grantee shall deliver Central Assessment Center(CAC)services to a total of 3,600 CAC Program Participants. D-2.3 The Grantee shall deliver CIT training to a total of 180 law enforcement officers. Table 2. Service Summary 1 Target#of Participants Program Program Program Program Service Target #Units Duration Year 1 Year 2 Year 3 Lifetime 5/1/14- 5/1/15- 5/1/16- 5/1/14- 4/30/15 4/30116 4/30/17 4/30/17 D-2.1 • 12 One Calendar Quarter ' 90 90 90 270 FIRST Services D-2.2 12 One Calendar Quarter 1,200 . 1,200 1,200 3,600 CAC Services • D-2.3 12 ? One Calendar Quarter 60 60 60 180 CIT Training k D-3. Deliverables.The Grantee shall demonstrate satisfactory progress towards each lifetime service target in Section D-1 through submission of quarterly data reporting in each Quarterly Program Status Report specified in Section C-2.5, D-4. Performance Measures for acceptance of Deliverables. D-4.1 During the first program year,satisfactory progress toward Service Target D-2,1 shall be demonstrated by: D-4.1.1 100%completion of tasks C-1.1.1,C-1.1.2 and C-1.1.3 during the first quarter of the program year;and D-4.1.2 Services under task C-1.1.4,provided to, at a minimum; D-4.1.2.1. 20%of the program year target by the end of the second quarter; D-4.1.2.2. 60%of the program year target by the end of the third quarter;and • D-4.1.2.3. 80%of the program year target by the end of the fourth quarter. D-4.2 During the second and third program years,satisfactory progress toward Service Target D-2.1 shall be demonstrated by services under task C-1.1.4 provided to,at a minimum: 0.4,2.1 20%of the program year's target by the end of the first quarter; D-4,2.2 40%of the program year's target by the end of the second quarter; • D-4.2.3 60%of the program year's target by the end of the third quarter;and CF Integrated Contract 2014 25 Contract No. LHZ46 Packet Page -948- 5/13/2014 16.D.2. D-4.2.4 80%of the program year's target by the end of the fourth quarter. D-4.3 Satisfactory progress toward Service Targets D-2.2 and D-2.3 shall be demonstrated,at a minimum,by training services • provided to: D-4.3.1 A minimum of 50%of each program years targets by the end of the second quarter of each program year; and D-4.3.2 A minimum of 100%of each program year's targets by the end of the fourth quarter of each program year. D-4.4 In the event the Grantee fails to achieve the minimum performance measures in sections D-4.1 through 0-4,3,the Department may apply financial consequences as specified in section F-6. • • CF Integrated Contract 2014 26 Contract No. LHZ46 Packet Page -949- ���: 5/13/2014 16.D.2. EXHIBIT E—MINIMUM PERFORMANCE MEASURES E-1. Minimum Performance Measures.The following minimum qualitative performance measures are established pursuant to Section 2.4.2 of the Standard Contract and shall be maintained during the terms of this Grant Agreement. E-1.1 50%reduction of re-arrests among Program participants in the adult criminal justice systems, E-1.2 100%of Program participants that receive increased access to services in comprehensive recovery based mental health and/or substance abuse treatment services that are community based. E-1.3 80%change from admission to re-entry into the community of Program participants who reside in a stable housing environment. E-1.4 80%increase of eligible Program participants linked to social security benefits through SOAR-trained CPRS or other FIRST team members E-2. Performance Evaluation Methodology.The Department will monitor the Grantee's performance in achieving the standards in section E-2 according to the following methodology: E-2.1 For the measure in section E-1.1,the total number of arrests among participants within one year post program admission DIVIDED BY the total number of arrests among program participants one year prior to program admission shall be LESS THAN OR EQUAL TO 50%. E-2.2 For the measure in section E-1.2,the total number of program participants reporting that they have received increased • access to comprehensive recovery based mental health and/or substance abuse treatment services that are community based in the one year period post program admission DIVIDED BY the total number of program participants reporting that they have received access to comprehensive recovery based mental health and/or substance abuse treatment services that are community based prior to program admission shall be EQUAL TO 100%. E-2.3 For the measure in section E-1.3,the total number of program participants reporting that they reside in a stable housing environment in the one year period post program admission DIVIDED BY the total number of program participants reporting that they were not residing in a stable housing environment prior to program admission shall be GREATER THAN OR EQUAL TO 80% E-2.4 For the measure in section E-1.4,the total number of program participants who were eligible for,but not receiving,social security or other benefits at program admission who are linked to such benefits after admission DIVIDED BY the total number of • program participants who were eligible for, but not receiving,those benefits at program admission shall be GREATER THAN OR EQUAL TO 80%. CF Integrated Contract 2014 27 Contract No. LHZ46 Packet Page -950- • 5/13/2014 16.D.2. EXHIBIT F-METHOD OF PAYMENT F-1 This is a fixed price(fixed fee)Grant Agreement with a 6 month advance of Program Year 1 funding,The Department will pay the Grantee for the delivery of service units provided in accordance with the terms of this Grant Agreement,subject to the availability of funds. F-2 The Department shall transfer funds to the Grantee according to the schedule In Table 3. Table 3.Payment Schedule Program Period] Quarter Project Dates Amount Quarter 1 I I 5/1/2014—7/31/2014 j $137,347.09 Quarter 2 j' 8/1/2014—10/31/2014 $0.00 • Program Year.' Quarter 3 j 1111/2014—1131/2015 ( $68,673.54 Quarter 4 j 2/112015—4/30/2015 j $68,673,54 ' Quarter 5 �; 51112015—7/31/2015 j $70,889.06 Quarter 6 8/1/2015—10/3112015 $70,889.06 j Program Year 2 Quarter 7 1111/2015—113112016 $70,889.06 - - j ......... ...... . Quarter 8 I' 2/1/2016—4/30/2016 j $70,889.06 Quarter 9 5/1/2016—7/31/2016 j $73,766,59 • Quarter 10 ; 8/1/2016—10131/2016 . $73,76657 Program Year 3 . - Quarter 11 j 11/1/2016—1/31/2017 j • $73,766.57 • Quarter 12 j 2/1/2017—4/30/2017 $73,766.57 GRANT AGREEMENT TOTAL ] $863,316.71 De F-3 Subject to approval by the Department of Financial Services,the Department shall advance the Grantee the first six months of Program Year 1 funding,$137,347.09,from the Department's state fiscal year 2013-2014 funding upon execution of this Grant Agreement.The Grantee shall submit a Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program Application for Advance Funding upon execution of this Grant Agreement. The Department's Grant Manager shall provide Grantee with a template for this document. F-3.1 Advanced funds shall be temporarily invested by the Grantee in an insured interest bearing account,in accordance with section 216.181(16)(b),F.S. F-3,2 Interest earned on advanced funds shall be reported and returned to the Department via check on a semi-annual basis beginning with the first report submission during state fiscal year 2014-2015. F-3.3 Advanced funds shall be reconciled against Grantee payments before the end date of this Grant Agreement.The Department shall reduce payment on specific Grantee invoices,submitted according to the schedule in section F-2,according to the schedule in Table 4. Table 4.Advance Reconciliation Schedule j. Program Period Quarter Project Dates Invoice Reduction Amount Quarter 1 j', 5/1/2014—7/31/2014 I, $68,673.55 Quarter 2 j 8/1/2014 10131/2014 j $68,673.54 j Program Year 1 .. ..... Quarter 3 11/1/2014—1131/2015 $0.00 Quarter 4 . 21112015—4/30/2015 $0,00 Quarter 5 I` 5/1/2015-7/31/2015 j' $0.00 j. Quarter 6 ; 8/1/2015—10/3112015 $0.00 Program Year 2 Quarter 7 11/112015—1131/2016 � $0.00 Quarter8 I 2/1/2016—4/30/2016 j*_ $0.00 Program Year 3 j' Quarter 9 !' 5/1/2016—7/31/2016 (I $0.00 j CF Integrated Contract 2014 28 Contract No, LHZ46 Packet Page -951- \„,j,"`; 5/13/2014 16.D.2. Quarter 10 811!2016—10131/2016 I__ $0.00 I. Quarter 11 I 11/1!2016—1/31/2017 ,' $0.00 ( • Quarter 12 12/1/2017—413012017 I $0.00 • GRANT AGREEMENT TOTAL j. $137,347,09 I F-4 The Grantee shall request payment by submission of a properly completed invoice no later than the 15th day of the month • following each quarter of service provision,accompanied by the corresponding quarterly reports and any other deliverable report due for the period of the invoice. A properly completed invoice consists of the following: • • F-4.1 Name and address of the Grantee; F-4.2 Grant Agreement number; F-4.3 Months for which payment is being requested; • F-4A Date submitted; F-4.5 Total dollar amount being requested;and • F-4.6 Grant Agreement balance. • • F-5 However, if the Department advances the Grantee the full amount of Program Year 1 funding as provided in Section F-3,the Grantee will not submit an invoice for Quarters 1 and 2. • F-6 The Department shall approve quarterly payments following receipt of document of compliance with the Performance Measures for Acceptance of Deliverables in section D-4. • F-6,1 If the Grantee does not meet a performance measure applicable to a quarter,the Department shall reduce the payment due for that quarter by one percent of the invoice amount for each unattained performance measure,up to a maximum reduction of five percent in any quarter, F-6.2 In the event of an invoice reduction under section F-6.1,if the Grantee subsequently achieves the performance measure during the same program year,the Grantee may submit a supplemental invoice,demonstrating the measure has been attained and requesting payment of the reduced portion of the original invoice. F.6.3 If the Grantee does not meet the same performance measure for three or more consecutive quarters,the Department shall apply the provisions of Section 6.1 of the Standard Contract.Corrective active plans required under section 6.1 may result in a reduction in future funding under this Grant Agreement,at the Department's sole discretion. F.7 The Grantee shall submit a final invoice for payment no later than 90 days after the expiration of this Grant Agreement or after this Grant Agreement is terminated. Failure to do so will result in a forfeiture of all right to payment and the Department shall not honor any requests submitted after the aforesaid time period.Any payment due under the terms of this Grant Agreement may be withheld until the Final Program Status Report and Final Financial Report are submitted and have been approved by the Department. CF Integrated Contract 2014 29 Contract No.LHZ46 Packet Page -952- ' . 5/13/2014 16.D.2. ATTACHMENT'I The administration of resources awarded by the Department of Children&Families to the provider may be subject to audits as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,F.S.,as revised,the department may monitor or conduct oversight reviews to evaluate compliance with contract,management and programmatic requirements.Such monitoring or other oversight procedures may include,but not be limited to,on-site visits by department staff,limited scope audits as defined by OMB Circular A-133,as revised,or other procedures. By entering into this agreement,the recipient agrees to comply and cooperate with any monitoring procedures deemed appropriate by the department.In the event the department determines that a limited • scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the department regarding such audit.The recipient further agrees to comply and cooperate with any inspections,reviews,investigations,or audits deemed necessary by the department's inspector general,the state's Chief Financial Officer or the Auditor General. AUDITS PART I: FEDERAL REQUIREMENTS This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133,as revised. • In the event the recipient expends$500,000 or more in Federal awards during its fiscal year,the recipient must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A-133,as revised,The recipient agrees to provide a copy of the single audit to the Department's Single Audit Unit and its contract manager.In the event the recipient expends less than$500,000 in Federal awards during its fiscal year,the recipient agrees to provide certification to the Department's Single Audit Unit and its contract • manager that a single audit was not required. In determining the Federal awards expended during its fiscal year,the recipient shall consider all sources of Federal awards,including Federal resources received from the Department of Children&Families, Federal government(direct),other state agencies,and other non-state entities.The determination of amounts of Federal awards expended should be in accordance with guidelines established by OMB Circular A-133,as revised.An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,as revised,will meet the requirements of this part. In connection with the above audit requirements,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised. The schedule of expenditures should disclose the expenditures by contract number for each contract with the department in effect during the audit period.The financial statements should disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due the department shall be fully disclosed in the audit report package with reference to the specific contract number. Single Audit Information for Recipients of Recovery Act Funds: (a)To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of 2009 (Pub.L. 111-5)(Recovery Act)as required by Congress and in accordance with 2 CFR 215.21 "Uniform Administrative Requirements for Grants and Agreements"and OMB Circular A-102 Common Rules provisions,recipients agree to maintain records that identify adequately the source and application of Recovery Act funds.OMB Circular A-102 is available at http:l(www.whitehouse,gov/omb/circulars_defautf/. (b)For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133,"Audits of States,Local Governments, and Non-Profit Organizations,"recipients agree to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards(SEFA)and the Data Collection Form(SF-SAC)required by OMB Circular A-133.OMB Circular A-133 is available at http://www.whitehouse.gov/omblcirculars_default/.This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA,and as separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and inclusion of the prefix"ARRA-"in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF-SAC. (c)Recipients agree to separately identify to each subrecipient, and document at the time of subaward and at the time of disbursement of funds,the Federal award number, CFDA number,and amount of Recovery Act funds.When a recipient awards Recovery Act funds for an existing program,the information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act funds from regular subawards under the existing program. CF Integrated Contract 2014 30 Contract No. LHZ46 Packet Page -953- -' 5/13/2014 16.D.2. (d)Recipients agree to require their subrecipients to include on their SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above.This information is needed to allow the recipient to properly monitor subrecipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies,Offices of Inspector General and the Government Accountability Office. PART II: STATE REQUIREMENTS This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. • In the event the recipient expends$500,000 or more in state financial assistance during its fiscal year,the recipient must have a State • single or project-specific audit conducted in accordance with Section 215.97,Florida Statutes;applicable rules of the Department of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the • Auditor General.The recipient agrees to provide a copy of the single audit to the Department's Single Audit Unit and its contract manager.In the event the recipient expends less than$500,000 in State financial assistance during its fiscal year,the recipient agrees to . provide certification to the Department's Single Audit Unit and its contract manager that a single audit was not required. In determining the state financial assistance expended during its fiscal year,the recipient shall'consider all sources of state financial assistance, including state financial assistance received from the Department of Children&Families,other state agencies,and other nonstate entities.State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in the preceding paragraph,the recipient shall ensure that the audit complies with the requirements of Section 215.97(8),Florida Statutes.This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 or 10.650,Rules of the Auditor General. The schedule of expenditures should disclose the expenditures by contract number for each contract with the department in effect during • the audit period.The financial statements should disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due the department shall be fully disclosed in the audit report package with reference to the specific contract number. PART III: REPORT SUBMISSION Any reports,management letters,or other information required to be submitted to the department pursuant to this agreement shall be submitted within 180 days after the end of the provider's fiscal year or within 30 days of the recipient's receipt of the audit report, whichever occurs first,directly to each of the following unless otherwise required by Florida Statutes: • A.Contract manager for this contract as specified in the Standard Contract, Section 1.3. B. Department of Children and Families (1 electronic copy and management letter,if issued) Office of the Inspector General Single Audit Unit Building 5, Room 237 1317 Winetvood Boulevard Tallahassee, FL 32399-0700 Email address:single_audit @dcf.state.f.us C. Reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and required by Part I of this agreement shall be submitted,when required by Section ,320(d),OMB Circular A-133,as revised,by or on behalf of the recipient directly to the Federal Audit Clearinghouse using the Federal Audit Clearinghouse's Internet Data Entry System at htfp:llharrester,census.govlfac/collectlddeindex.html and other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f),OMB Circular A-133,as revised. CF Integrated Contract 2014 31 Contract No. LHZ46 Packet Page -954- 5/13/2014 16.D.2. D.Copies of reporting packages required by Part II of this agreement shall be submitted by or on behalf of the recipient directly to the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee,Florida 32399-1450 Email address:flaudgen_localgovt @aud,state.fl.us Providers,when submitting audit report packages to the department for audits done in accordance with OMB Circular A-133 or Chapters 10.550(local governmental entities)or 10.650(nonprofit or for-profit organizations),Rules of the Auditor General,should include,when available,correspondence from the auditor indicating the date the audit report package was delivered to them.When such correspondence is not available,the date that the audit report package was delivered by the auditor to the provider must be indicated in correspondence submitted to the department in accordance with Chapter 10.558(3)or Chapter 10.657(2), Rules of the Auditor General. PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six years from the date the audit report is issued and shall allow the department or its designee,Chief Financial Officer or Auditor General access to such records upon request The recipient shall ensure that audit working papers are made available to the department or its designee, Chief Financial Officer or Auditor General upon request for a period of three years from the date the audit report is issued,unless extended in writing by the department. • • • CF Integrated Contract 2014 32 Contract No,LHZ46 Packet Page -955- 5/13/2014 16.D.2. ATTACHMENT 2 This Attachment contains the terms and conditions governing the Provider's access to and use of Protected Health Information and provides the permissible uses and disclosures of protected health information by the Provider,also called"Business Associate". Section 1. Definitions 1.1 Catch-all definitions: The following terms used in this Attachment shall have the same meaning as those terms in the HIPAA Rules:Breach,Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual,Minimum Necessary,Notice of Privacy • Practices,Protected Health Information,Required by Law,Security Incident,Subcontractor,Unsecured Protected Health Information,and Use. 1.2 Specific definitions: 1.2.1 "Business Associate"shall generally have the same meaning as the term"business associate"at 45 CFR 160,103, and for purposes of this Attachment shall specifically refer to the Provider. 1.2.2 "Covered Entity"shall generally have the same meaning as the term"covered entity"at 45 CFR 160.103,and for purposes of this Attachment shall refer to the Department. 1,2.3. "HIPAA Rules"shall mean the Privacy, Security,Breach Notification,and Enforcement Rules at 45 CFR Part 160 and Part 164. 1.2.4. "Subcontractor"shall generally have the same meaning as the term"subcontractor"at 45 CFR§ 160.103 and is defined as an individual to whom a Business Associate delegates a function,activity,service,other than in the capacity of a member of the workforce of such Business Associate. Section 2. Obligations and Activities of Business Associate 2,1 Business Associate agrees to: 2.1.1 Not use or disclose protected health information other than as permitted or required by this Attachment or as required by law; 2.1.2 Use appropriate administrative safeguards as set forth at 45 CFR§164.308,physical safeguards as set forth at 45 CFR§ 164.310,and technical safeguards as set forth at 45 CFR§164.312;including,policies and procedures regarding the protection of PHI and/or ePHI set forth at 45 CFR§ 164.316 and the provisions of training on such policies and procedures to applicable employees,independent contractors, and volunteers,that reasonably and appropriately protect the confidentiality,integrity,and availability of the PHI and/or ePHI that the Provider creates, receives, maintains or transmits on behalf of the Department; 2.1.3 Acknowledge that(a)the foregoing safeguards,policies and procedures requirements shall apply to the Business Associate in the same manner that such requirements apply to the Department,and(b)the Business Associate's and their Subcontractors are directly liable under the civil and criminal enforcement provisions set forth at Section 13404 of the HITECH Act and section 45 CFR§ 164.500 and 164.502(E)of the Privacy Rule(42 U.S.C, 1320d-5 and 1320d-6),as amended,for failure to comply with the safeguards,policies and procedures requirements and any guidance issued by the Secretary of Health and Human Services with respect to such requirements; 2.1.4 Report to covered entity any use or disclosure of protected health information not provided for by this Attachment of which it becomes aware,including breaches of unsecured protected health information as required at 45 CFR 164.410,and any security incident of which it becomes aware; 2.1.5 Notify the Department's Security Officer,Privacy Officer and the Contract Manager as soon as possible, but no later than five(5) business days following the determination of any breach or potential breach of personal and confidential departmental data; 2.1.6 Notify the Privacy Officer and Contract Manager within(24)hours of notification by the US Department of Health and Human Services of any investigations,compliance reviews or inquiries by the US Department of Health and Human Services concerning violations of HIPAA(Privacy,Security Breach); 2.1.7 Provide any additional information requested by the Department for purposes of investigating and responding to a breach; CF Integrated Contract 2014 33 Contract No. LHZ46 Packet Page -956- 5/13/2014 16.D.2. 2.1.8 Provide at Business Associate's own cost notice to affected parties no later than 45 days following the determination of any potential breach of personal or confidential departmental data as provided in section 817.5681,F.S.; 2.1.9 Implement at Business Associate's own cost measures deemed appropriate by the Department to avoid or mitigate potential injury to any person due to a breach or potential breach of personal and confidential departmental data; 2.1.10 Take immediate steps to limit or avoid the recurrence of any security breach and take any other action pertaining to such unauthorized access or disclosure required by applicable federal and state laws and regulations regardless of any actions taken by the Department; 2.1.11 In accordance with 45 CFR 164.502(e)(1)(ii)and 164.308(b)(2), if applicable,ensure that any subcontractors that create,receive,maintain,or transmit protected health information on behalf of the Business Associate agree to the same restrictions,conditions,and requirements that apply to the Business Associate with respect to such information. Business Associate's must attain satisfactory assurance in the form of a written contract or other written agreement with their Business Associate's or subcontractor's that meets the applicable requirements of 164,504(e)(2)that the Business Associate or Subcontractor will appropriately safeguard the information. For prior contracts or other arrangements,the provider shall provide written certification that its implementation complies with the terms of 45 CFR 164.532(d); 2.1,12 Make available protected health information in a designated record set to covered entity as necessary to satisfy covered entity's obligations under 45 CFR 164.524; 2.1.13 Make any amendment(s)to protected health information in a designated record set as directed or agreed to by the • covered entity pursuant to 45 CFR 164.526,or take other measures as necessary to satisfy covered entity's obligations under 45 CFR 164,526; 2,1,14 Maintain and make available the information required to provide an accounting of disclosures to the covered entity as necessary to satisfy covered entity's obligations under 45 CFR 164.528; 2.1.15 To the extent the Business Associate is to carry out one or more of covered entity's obligation(s)under Subpart E of 45 CFR Part 164,comply with the requirements of Subpart E that apply to the covered entity in the performance of such obligation(s);and 2.1.16 Make its internal practices,books,and records available to the Secretary of the U.S. Department of Health and Human Services for purposes of determining compliance with the HIPAA Rules. Section 3. Permitted Uses and Disclosures by Business Associate 3.1 The Business associate may only use or disclose protected health information covered under this Attachment as listed below: 3.1.1 The Business Associate may use and disclose the Department's PHI and/or ePHI received or created by Business Associate(or its agents and subcontractors)in performing its obligations pursuant to this Attachment. 3.1.2 The Business Associate may use the Department's PHI and/or ePHI received or created by Business Associate(or its agents and subcontractors)for archival purposes. 3.1.3 The Business Associate may use PHI and/or ePHI created or received in its capacity as a Business Associate of the Department for the proper management and administration of the Business Associate,if such use is necessary(a) for the proper management and administration of Business Associate or(b)to carry out the legal responsibilities of Business Associate. 3.1.4 The Business Associate may disclose PHI and/or ePHI created or received in its capacity as a Business Associate of the Department for the proper management and administration of the Business Associate if(a)the disclosure is required by law or(b)the Business Associate(1)obtains reasonable assurances from the person to whom the PHI and/or ePHI is disclosed that it will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person and (2)the person agrees to notify the Business Associate of any instances of which it becomes aware in which the confidentiality and security of the PHI and/or ePHI has been breached. 3.1.5 The Business Associate may aggregate the PHI and/or ePHI created or received pursuant this Attachment with the PHI andlor ePHI of other covered entities that Business Associate has in its possession through its capacity as a CF Integrated Contract 2014 34 Contract No. LHZ46 �F, E Packet Page -957- 5/13/2014 16.D.2. Business Associate of such covered entities for the purpose of providing the Department of Children and Families with data analyses relating to the health care operations of the Department(as defined in 45 C.F.R.§164.501). 3.1.6 The Business Associate may de-identify any and all PHI and/or ePHI received or created pursuant to this Attachment,provided that the de-identification process conforms to the requirements of 45 CFR§ 164.514(b). 3.1.7 Follow guidance in the HIPAA Rule regarding marketing,fundraising and research located at Sections 45 CFR§ 164.501,45 CFR§164.508 and 45 CFR§ 164.514. Section 4. Provisions for Covered Entity to Inform Business Associate of Privacy Practices and Restrictions 4.1 Covered entity shall notify Business Associate of any limitation(s)in the notice of privacy practices of covered entity under 45 CFR 164.520,to the extent that such limitation may affect Business Associate's use or disclosure of protected health information. 4.2 Covered entity shall notify Business Associate of any changes in,or revocation of,the permission by an individual to use or disclose his or her protected health information,to the extent that such changes may affect Business Associate's use or disclosure of protected health information. 4.3 Covered entity shall notify Business Associate of any restriction on the use or disclosure of protected health information that covered entity has agreed to or is required to abide by under 45 CFR 164.522,to the extent that such restriction may affect Business Associate's use or disclosure of protected health information. • Section 5. Termination 5.1 Termination for Cause 5.1.1 Upon the Department's knowledge of a material breach by the Business Associate,the Department shall either: 5.1.1.1 Provide an opportunity for the Business Associate to cure the breach or end the violation and terminate the Agreement or discontinue access to PHI if the Business Associate does not cure the breach or end the violation within the time specified by the Department of Children and Families; 5.1.1.2 Immediately terminate this Agreement or discontinue access to PHI if the Business Associate has breached a material term of this Attachment and does not end the violation;or 5.1.1.3 If neither termination nor cure is feasible,the Department shall report the violation to the Secretary of the Department of Health and Human Services. 5.2 Obligations of Business Associate Upon Termination 5.2.1 Upon termination of this Attachment for any reason,Business Associate,with respect to protected health information received from covered entity,or created, maintained,or received by Business Associate on behalf of covered entity, shall: 5.2.1.1 Retain only that protected health information which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; • 5.2.1.2 Return to covered entity,or other entity as specified by the Department or,if permission is granted by the Department,destroy the remaining protected health information that the Business Associate still maintains in any form; 5.2.1.3 Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information to prevent use or disclosure of the protected health information, other than as provided for in this Section,for as long as Business Associate retains the protected health information; 5.2.1.4 Not use or disclose the protected health information retained by Business Associate other than for the purposes for which such protected health information was retained and subject to the same conditions set out at paragraphs 3.1.3 and 3.1.4 above under"Permitted Uses and Disclosures By Business Associate'which applied prior to termination;and 5.2.1.5 Return to covered entity,or other entity as specified by the Department or,if permission is granted by the Department,destroy the protected health information retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities. CF Integrated Contract 2014 35 Contract No.LHZ46 Packet Page -958- • 5/13/2014 16.D.2. 5,2.1.6 The obligations of Business Associate under this Section shall survive the termination of this Attachment, Section 6. Miscellaneous 6.1 A regulatory reference in this Attachment to a section in the HIPAA Rules means the section as in effect or as amended. 6.2 The Parties agree to take such action as is necessary to amend this Attachment from time to time as is necessary for compliance with the requirements of the HIPAA Rules and any other applicable law. 6.3 Any ambiguity in this Attachment shall be interpreted to permit compliance with the HIPAA Rules. • • • • CF Integrated Contract 2014 36 Contract No. LHZ46 Packet Page -959- - 5/13/2014 16.D.2. AGREEMENTCjMHSA-002 For Criminal justice Mental Health Substance Abuse Reinvestment Grant THIS CONTRACT, made and entered into on this 13t1i day of May 2014, by and between Collier County Sheriff Office authorized to do business in the State of Florida, whose business address is 3319 Tarniami Trail E Naples, Florida 34112, the "Subrecipient" and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: NOW, THEREFORE, in consideration of the mutual covenants and obligations herein, the Parties agree as follows: 1. CONTRACT DOCUMENT This contract is composed of Sections 1 through 38 hereof, as well as Exhibits A-H and any exhibits referenced in said attachments, together with any documents incorporated by reference, which contain all the terms and conditions agreed upon by both parties. 2. CONTRACT TERM Services of the SUBRECIPIENT shall start on the 1st day of June, 2014 and end on the 31st day of March, 2017. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period 3. STATEMENT OF WORK The Subrecipient shall provide in accordance with the terms and conditions of Criminal Justice Mental Health and Substance Abuse Reinvestment Grant Application and the Subrecipient's proposal referred to herein and made an integral part of this Contract. This Contract contains the entire understanding between the parties and any modifications to this Contract shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procedures in effect at the time such services are authorized. The Subrecipient shall perform all tasks and provide units of deliverables, including reports, findings, drafts, as specified in this Contract. These deliverables must be received and accepted by the Grant Coordinator in writing prior to processing pay requests, subject to audit and review and to the satisfaction of the County. The CCSO CJMHSA Reinvestment Grant 2014-2017 CJMHSA-002 Packet Page-960- 5/13/2014 16.D.2. County's determination of acceptance shall be conclusive. The County's receipt of reports and other submissions by the Subrecipient does not constitute acceptance thereof. 4. PERFORMANCE MEASURES 4.1 Performance Measures for Acceptance of Deliverables. The performance measures for the acceptance of deliverables are set forth in Exhibit D and E. 4.2 Minimum Performance Measures. To avoid termination the Subrecipients performance must meet the minimum performance standard set forth in Exhibit D and E. By execution of this contract the Subrecipient acknowledges and agree that its performance under the Contract must meet these Minimum Performance Measures and that it will be bound by the conditions set forth therein. If the Subrecipient fails to meet these standards, the County, at its exclusive option, may allow a reasonable period, not to exceed 2 quarters, for the Subrecipient to correct performance deficiencies. If performance deficiencies are not resolved, the County at its discretion may terminate the Contract and request repayment of any or all payments made prior. 5. THE CONTRACT SUM The County shall pay Subrecipient for the performance of this Contract a maximum amount of Three Hundred Thirty Three Thousand One Twenty Three and No Cents ($333,123.00), based on the cost set forth in the Subrecipients budget Exhibit F. The County's performance and obligation to pay under this Contract is contingent upon the County's contract with the Department of Children and Families Contract and annual appropriation by the Legislature and the Board of County Commissioners. 6. PAYMENT Payment will be made upon receipt of a proper invoice and supporting documentation and upon approval by the Grant Coordinator or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act" and in accordance with Exhibit F. 6.1 Generally. The subrecipient shall submit bills for fees or other compensation for services or expenses in sufficient detail to conduct a pre-audit and post-audit. Where itemized travel expense is permitted in this Contract, the Subrecipient shall submit any bills or any travel expenses in accordance with F.S. 112.061 and Children and Families Operating Procedure 40-1, or at such lower rates as may be provided in this Contract. 6.2 Final Invoice. Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within thirty (30) days after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal CCSO CJMHSA Reinvestment Grant 2014-2017 CJMHSA-002 Packet Page-961- 5/13/2014 16.D.2. doctrine of "'aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Contract. 6.3 Travel Expenses Travel Expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates and in accordance with FS: Mileage $0.445 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $100.00 per night Parking Actual cost of parking Taxi Actual cost of either taxi 6.4 Reimbursable Expenses/Budget. Reimbursable items other than travel expenses shall be limited to the following items as detailed in Exhibit F. All reimbursable items will be paid only after Subrecipient has provided all receipts. Subrecipient shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Contract. 7. INDEPENDANT CONTRACTOR, SUBCONTRACTING, AND ASSIGNMENT 7.1 In performing its obligations under this Contract, the Subrecipient shall at all times be acting in the capacity of an independent contractor and not as an officer, employee, or agent of the State of Florida or the County, except where the Subrecipient is a State agency. Neither the Subrecipient nor any of its agents, employees, subcontractors or assignees shall represent to others that it is an agent of or has the authority to bind the County by virtue of this Contract, unless specifically authorized in writing to do so. This Contract does not create any right in any individual to State or County retirement, leave benefits or any other benefits of State employees as a result of performing the duties or obligations of this Contract. 7.2 The Subrecipient shall take such actions as may be necessary to ensure that it and each subcontractor of the Subrecipient will be deemed to be an independent contractor and will not be considered or permitted to be an officer, employee, or agent of the CCSO CJMHSA Reinvestment Grant 2014-2017 CJMHSA-002 Packet Page -962- 5/13/2014 16.D.2. State of Florida. The County will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical support) to the Subrecipient, or its subcontractor or assignee, unless specifically agreed to by the County in this Contract. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all necessary insurance for the Subrecipient, the Subrecipient's officers, employees, agents, subcontractors, or assignees shall be the sole responsibility of the Subrecipient and its subcontractors. The parties agree that no joint employment is intended and that, regardless of any provision directing the manner of provision of services, the Subrecipient and its subcontractors alone shall be responsible for the supervision, control, hiring and firing, rates of pay and terms and conditions of employment of their own employees. 7.3 The Subrecipient shall not assign its responsibilities under this Contract to another party, in whole or part, without prior written approval of the County, upon the County's sole determination that such assignment will not adversely affect the public interest. No payment shall be made under this Contract to any factor or other person who has been assigned or transferred the right to receive payment in lieu of or on behalf of the Subrecipient except upon full and faithful performance of the Subrecipient's duties hereunder. Any assignment or transfer occurring without prior approval of the County shall be null and void. The Subrecipient shall not subcontract for any of the work contemplated under this Contract without prior written approval of the County,which shall not be unreasonably withheld. 7.4 The County shall at all times be entitled to assign or transfer, in whole or part, its rights, duties, or obligations under this Contract to another governmental agency in the State of Florida or to a Subrecipient of the County's selection, upon giving prior written notice to the Subrecipient. In the event of assignment by either party, this Contract shall remain binding upon the lawful successors in interest of the Subrecipient and the County. 7.5 The Subrecipient is responsible for all work performed and for all commodities produced pursuant to this Contract whether actually furnished by the Subrecipient or by its subcontractors. Any subcontracts shall be evidenced by a written document. The Subrecipient further agrees that the County shall not be liable to the subcontractor in any way or for any reason relating to this Contract. 7.6 The Subrecipient shall include, in all subcontracts (at any tier) the substance of all clauses contained in this Contract that mention or describe subcontract compliance, as well as all clauses applicable to that portion of the Subrecipient's performance being performed by or through the subcontract 8. SUBRECIPIENT INDEMNITY Section 19 of PUR 1000 Form shall apply per its terms, except that the phrase "arising from or relating to personal injury and damage to real or personal tangible property" in the first CCSO CJMHSA Reinvestment Grant 2014-2017 CJMHSA-002 (!„,.,0) Packet Page -963- 5/13/2014 16.D.2. paragraph is replaced with"arising out of or by reason of the execution of this Contract or arising from or relating to any alleged act or omission by the Subrecipient, its agents, employees, partners, or subcontractors in relation to this Contract," and the following additional terms will also apply: 8.1 If the Subrecipient removes an infringing product because it is not reasonably able to modify that product or secure the County the right to continue to use that product, the Subrecipient shall immediately replace that product with a non-infringing product that the County determines to be of equal or better functionality or be liable for the County's cost in so doing. 9. INTELLECTUAL PROPERTY It is agreed that all intellectual property, inventions, written or electronically created materials, including manuals, presentations, films, or other copyrightable materials, arising in relation to Subrecipient's performance under this Contract, and the performance of all of its officers, agents and subcontractors in relation to this Contract, are works for hire for the benefit of the County, fully compensated for by the contract amount, and that neither the Subrecipient nor any of its officers, agents nor subcontractors may claim any interest in any intellectual property rights accruing under or in connection with the performance of this Contract. It is specifically agreed that the County shall have exclusive rights to all data processing software falling within the terms of section 119.084, F.S., which arises or is developed in the course of or as a result of work or services performed under this Contract, or in any way connected herewith. Notwithstanding the foregoing provision, if the Subrecipient is a university and a member of the State University System of Florida, then section 1004.23, F.S., shall apply. 9.1 If the Subrecipient uses or delivers to the County for its use or the use of its employees, agents or contractors, any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood that, the compensation paid pursuant to this Contract includes all royalties or costs arising from the use of such design, device, or materials in any way involved in the work contemplated by this Contract. For purposes of this provision, the term"use" shall include use by the Subrecipient during the term of this Contract and use by the County, its employees, agents or contractors during the term of this Contract and perpetually thereafter. 9.2 All applicable subcontracts shall include a provision that the Federal awarding agency reserves all patent rights with respect to any discovery or invention that arises or is developed in the course of or under the subcontract. Notwithstanding the foregoing provision, if the Subrecipient or one of its subcontractors is a university and a member of the State University System of Florida, then section 1004.23, F.S., shall apply, but the County shall retain a perpetual, fully-paid, nonexclusive license for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products. CCSO CJMHSA Reinvestment Grant 2014-2017 CJMHSA-002 Packet Page-964- 5/13/2014 16.D.2. 10. PUBLICITY Without limitation, the Subrecipient and its employees, agents, and representatives will not,without prior County written consent in each instance,use in advertising, publicity or any other promotional endeavor any State mark, the name of the State's mark, the name of the State or any State agency or affiliate or any officer or employee of the State, or any State program or service, or represent, directly or indirectly, that any product or service provided by the Subrecipient has been approved or endorsed by the State, or refer to the existence of this Contract in press releases, advertising or materials distributed to the Subrecipient's prospective customers. 11. SPONSORSHIP As required by section 286.25, F.S., if the Subrecipient is a non-governmental organization which sponsors a program financed wholly or in part by State funds, including any funds obtained through this Contract, it shall, in publicizing, advertising, or describing the sponsorship of the program state: "Sponsored by (Subrecipient's name) and the State of Florida, County of Children and Families". If the sponsorship reference is in written material, the words"State of Florida, County of Children and Families" shall appear in at least the same size letters or type as the name of the organization 12. MADATORY REPORTING REQUIREMENTS The Subrecipient must comply with and inform its employees of the following mandatory reporting requirements. Each employee of the Subrecipient, providing services in connection with this Contract who has any knowledge of a reportable incident shall report such incident as follows: 1) reportable incidents that may involve an immediate or impending impact on the health or safety of a client shall be immediately reported to the County grant Coordinator; and 2) other reportable incidents shall be reported to the County of Children and Families Office of Inspector General by completing a Notification/Investigation Request (Form CF 1934) and emailing the request to the Office of Inspector General at ig_complaints©dcf.state.fl.us. The Subrecipient may also mail the completed form to the Office of Inspector General, 1317 Winewood Boulevard, Building 5, 2nd Floor, and Tallahassee, Florida, 32399-0700; or via fax at (850) 488-1428, A reportable incident is defined in CFOP 180-4, which can be obtained from the County Grant Coordinator. 13. RECORDS,AUDITS AND DATA SECURITY 13.1 Records, Retention,Audits, Inspections and Investigations. 13.1 The Subrecipient shall establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of funds provided by the County under this Contract. 13.2 Retention of all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to CCSO CJMHSA Reinvestment Grant 2014-2017 CJMHSA-002 Packet Page -965- 5/13/2014 16.D.2. this Contract shall be maintained by the Subrecipient during the term of this Contract and retained for a period of six (6) years after completion of the Contract or longer when required by law. In the event an audit is required under this Contract, records shall be retained for a minimum period of six (6) years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this Contract, at no additional cost to the County. 13.3 Upon demand, at no additional cost to the County, the Subrecipient will facilitate the duplication and transfer of any records or documents during the term of this Contract and the required retention period in Section 5.1.2 hereof. 13.4 These records shall be made available at all reasonable times for inspection, review, copying, or audit by Federal,State, or other personnel duly authorized by the County. • 13.5 At all reasonable times for as long as records are maintained, persons duly authorized by the County and Federal auditors, pursuant to 45 Code of Federal Regulations (CFR) s. 92.36(i)(10), shall be allowed full access to and the right to examine any of the Subrecipient's contracts and related records and documents, regardless of the form in which kept. 13.6 A financial and compliance audit shall be provided to the County as specified in this Contract. 13.7 The Subrecipient shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by The Office of the Inspector General (section 20.055, F.S.). 14. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT In compliance with 45 CFR s.164.504(e), the Subrecipient shall comply with the provisions of this Contract, governing the safeguarding, use and disclosure of Protected Health Information created, received, maintained, or transmitted by the Subrecipient or its subcontractors incidental to the Subrecipient's performance of this Contract. 15. CONFIDENTIAL CLIENT AND OTHER INFORMATION Except as provided in this Contract, the Subrecipient shall not use or disclose but shall protect and maintain the confidentiality of any client information and any other information made confidential by Florida law or Federal laws or regulations that is obtained or accessed by the Subrecipient or its subcontractors incidental to performance under this Contract. 16. DATA SECURITY CCSO CJMHSA Reinvestment Grant 2014-2017 CJMHSA-002 Packet Page-966- 5/13/2014 16.D.2. The Subrecipient shall comply with the following data security requirements whenever the Subrecipient or its subcontractors have access to County data systems or maintain any client or other confidential information in electronic form: 16.1 An appropriately skilled individual shall be identified by the Subrecipient to function as its Data Security Officer. The Data Security Officer shall act as the liaison to the County's security staff and will maintain an appropriate level of data security for the information the Subrecipient is collecting or using in the performance of this Contract. An appropriate level of security includes approving and tracking all Subrecipient employees that request or have access to any County data system or information. The Data Security Officer will ensure that user access to the data system or information has been removed from all terminated Subrecipient employees. 16.2 The Subrecipient shall provide the latest County security awareness training to its staff who have access to County information. 16.3 All Subrecipient employees who have access to County information shall comply with, and be provided a copy of CFOP 50-2, and shall sign the DCF Security Contract form CF 0114 annually. A copy of CF 0114 may be obtained from the Contract Manager. 16.4 The Subrecipient shall make every effort to protect and avoid unauthorized release of any personal or confidential information by ensuring both data and mobile storage devices are encrypted as prescribed in CFOP 50-2. If encryption of these devices is not possible, then the Subrecipient shall assure that unencrypted personal and confidential County data will not be stored on unencrypted storage devices. 16.5 The Subrecipient agrees to notify the Contract Manager as soon as possible, but no later than five (5) business days following the determination of any breach or potential breach of personal and confidential County data. 16.6 The Subrecipient shall at its own cost provide notice to affected parties no later than 45 days following the determination of any potential breach of personal or confidential County data as provided in section 817.5681, F.S. The Subrecipient shall also at its own cost implement measures deemed appropriate by the County to avoid or mitigate potential injury to any person due to a breach or potential breach of personal and confidential County data The Subrecipient shall cause each of its subcontractors having access to County data systems or maintaining any client or other confidential information in electronic form to comply with the provisions of this Section 5.6 and the term "Subrecipient" shall be deemed to mean the subcontractor for such purposes 17. MOST FAVORED PARTY STATUS The Subrecipient represents and warrants that the prices and terms for its services under this Contract are no less favorable to the County than those for similar services under any CCSO CJMHSA Reinvestment Grant 2014-2017 CJMHSA-002 Packet Page -967- 5/13/2014 16.D.2. existing contract with any other party. The Subrecipient further agrees that, within 90 days of Subrecipient entering into a contract or contract amendment or offering to any other party services similar to those under this Contract under prices or terms more favorable than those provided in this Contract, the Subrecipient will report such prices and terms to the County, which prices or terms shall be effective as an amendment to this Contract upon the County's written acceptance thereof. Should the County discover such other prices or terms, the same shall be effective as an amendment to this Contract retroactively to the earlier of the effective date of this Contract (for other contracts in effect as of that date) or the date they were first contracted or offered to the other party (for subsequent contracts, amendments or offers) and any payment in excess of such pricing shall be deemed overpayments. Subrecipient shall submit an affidavit no later than July 31st of each year during the term of this Contract attesting that the Subrecipient is in compliance with this provision, as required by section 216.0113,F.S. 18. ANTICOMPETIVE CONTRACTS The Subrecipient will not offer, enter into nor enforce any formal or informal Contract with any person, firm or entity under which the parties agree to refrain from competing for any future service contract or limit in any manner the ability of either party to obtain employment by or provide services to the County or a Subrecipient of services to the County. 19. TRANSITIONING YOUNG ADULTS The Subrecipient understands Children and Families interest in assisting young adults aging out of the dependency system. The County encourages Subrecipient participation with the local Community-Based Care Lead Agency Independent Living Program to offer gainful employment to youth in foster care and young adults transitioning from the foster care system 20. DEO AND WORKFORCE FLORIDA The Subrecipient understands that Children and Families, the Department of Economic Opportunity, and Workforce Florida, Inc., have jointly implemented an initiative to empower recipients in the Temporary Assistance to Needy Families Program to enter and remain in gainful employment. The County encourages Subrecipient participation with the Department of Economic Opportunity and Workforce Florida. 21. NOTICES. All notices from the County to the Subrecipient shall be deemed duly J served if mailed or faxed to the Subrecipient at the following Address: Collier County Sheriff Office 3319 Tamiami Trail E Naples,Florida 34112 CCSO CJMIISA Reinvestment Grant 2014-2017 CJN4H.SA-002 yy Packet Page -968- 5/13/2014 16.D.2. Attention: Marien Ruiz Telephone: 239-252-0554 All Notices from the Subrecipient to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Housing , Human and Veteran Services County 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Grant Coordinator Telephone: 239-252-4230 Facsimile: 239-252-2638 The Subrecipient and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Contract must be in writing. 22. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Subrecipient or to constitute the Subrecipient as an agent of the County. 23. NO IMPROPER USE. The Subrecipient will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Subrecipient to be objectionable or improper, the County shall have the right to suspend the contract of the Subrecipient. Should the Subrecipient fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Subrecipient further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 24. TERMINATION. Should the Subrecipient be found to have failed to perform his services in a manner satisfactory to the County as per this Contract, the County may terminate said Contract for cause; further the County may terminate this Contract for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. CCSO CJMHSA Reinvestment Grant 2014-2017 CJMHSA-002 Packet Page -969- 5/13/2014 16.D.2. In the event that the County terminates this Contract, Subrecipient's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Subreipient shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 25. NO DISCRIMINATION. The Subrecipient agrees that there shall be no discrimination as to race, sex, color,creed or national origin. 26. INSURANCE. The Subrecipient shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $100,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Professional Liability: Shall be maintained by the Consultant to ensure its legal liability for claims arising out of the performance of professional services under this Contract. Consultant waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and in the aggregate. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Subrecipient during the duration of this Contract. The Subrecipient shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Subrecipient shall also notify County, in a like manner, within CCSO CJMHSA Reinvestment Grant 2014-2017 CJMHSA-002 Packet Page -970- f. 5/13/2014 16.D.2. twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Subrecipient from its insurer, and nothing contained herein shall relieve Subrecipient of this requirement to provide notice. Subrecipient shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 27. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Subrecipient shall indenmify 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, whether resulting from any claimed breach of this Contract by Subrecipient, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Subrecipient or anyone employed or utilized by the Subrecipient in the performance of this Contract. 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. This section does not pertain to any incident arising from the sole negligence of Collier County. 27.1 The duty to defend under this Article 27 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Subrecipient, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Subrecipient. Subrecipient's obligation to indemnify and defend under this Article027 will survive the expiration or earlier termination of this Contract until it is determined by final judgment that an action against the County or an indemnified party for the matter indenmified hereunder is fully and finally barred by the applicable statute of limitations. 28. CONTRACT ADMINISTRATION. This Contract shall be administered on behalf of the County by the Housing,Human and Veteran Services Department. 29. CONFLICT OF INTEREST: Subrecipient shall represent 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 hereunder. Subrecipient shall further represents that no persons having any such interest shall be employed to perform those services. CCSO CJMHSA Reinvestment Grant 2014-2017 CJMHSA-002 Packet Page-971- 5/13/2014 16.D.2. 30. 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, as amended, 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. 31. COMPLIANCE WITH LAWS. By executing and entering into this Contract, the Subrecipient is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Contract, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3))). If Subrecipient observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Subrecipient to comply with the laws referenced herein shall constitute a breach of this Contract and the County shall have the discretion to unilaterally terminate this Contract immediately. 32. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 33. CONTRACT TERMS. If any portion of this Contract is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Contract shall remain in effect. 34. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Ordinance and Purchasing Procedures. 35. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Contract 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 CCSO CJMHSA Reinvestment Grant 2014-2017 CJMHSA-002 Packet Page -972- 5/13/2014 16.D.2. 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 Contract, 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, Fla. Stat. 36. VENUE. 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 courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. KEY PERSONNEL/PROTECT STAFFING: The Subrecipient personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Subrecipient shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service. The Subrecipient shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing in advance. The Subrecipient shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 38. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Document, Exhibits A-H and any documents incorporated by reference into any exhibit be reference the terms of the Request for Proposal (RFP)/ITB and/or the Subrecipient's Proposal, Attachments shall take precedence. * * * * * CCSO CJMHSA Reinvestment Grant 2014-2017 CJMI-ISA-002 t_. Packet Page -973- 5/13/2014 16.D.2. IN WITNESS WHEREOF, the parties hereto, have each,respectively,by an authorized person or agent, have executed this Contract on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY,FLORIDA Dwight E. Brock, Clerk of Courts By: By: Tom Henning, Chairman Dated: (SEAL) Collier County Sherriff Office t't By: C'" First Witness S}gnatu e -, ( t tfype f print witness namet tType/print signature and titlet Second Witness TTypef print witness namer Approved as to Form and Legality; Assistant County Attbi ney i . Print Name CCSO CJMHSA Reinvestment Grant 2014-2017 CJMHSA-002 Packet Page -974- 5/13/2014 16.D.2. EXHIBIT A-DEFINITIONS A-1 Program Specific Terms, A-1.1 Centralized Coordination Program means the program proposed in the Subrecipient's Application,designed to improve centralized coordination among some combination of mental health providers,law enforcement agencies,courts,and other partner agencies,with regard to one or more aspects of substance abuse or mental health services for the target population. A 1.2.Centralized Assessment Center(CAC) Program Participant referes to an individual who has been assessed at the CAC for Forensic Reintegration Support Team(FIRST)program eligibility but has not been enrolled. A-1.3 Crisis Intervention Team (CIT)means a first responder model that provides law enforcement-based crisis intervention training for assisting individuals with a mental illness experiencing a behavioral healthcare crisis. A1.4 Forensic Reintegration Support Team(FIRST)Program Participants refers to individuals enrolled in Case Management and any other service offered through the FIRST Program. A-1.5 SSI/SSDI is the acronym for the Supplemental Security Income and Social Security Disability Insurance programs administered by the United States Social Security Administration, A-1.6 Strategic Plan means a document that is the result of a formal systemic and stakeholder planning process that documents participation by stakeholders;is data and research driven;establishes a path to the accomplishment of prioritized goals and objectives; and describes an intended outcome and measurable targets of achievement.If the Subrecipient participated in Sequential Intercept Mapping,the document produced as a result of that mapping may serve as the strategic plan. A-1,7 Target Population means the selected category of individuals for which the Subrecipient intends to develop and focus grant-related activities,further defined as follows; A-1.7.1 Adults refers to persons age 18 or older who are arrested,or those at-risk of involvement in the criminal justice system, who are high utilizers of emergency or crisis services,Typically,these individuals are poor,experience homelessness,and have chronic health issues, including a mental illness, substance use disorder,or combination thereof. Through repeat encounters with law enforcement,courts,jails,fire Countys,emergency medical services, hospitals, and shelters, they consume a disproportionate amount of health,social services, and criminal justice resources—usually without attaining positive outcomes.Individuals who pose a high public safety risk are excluded,including those with a current charge of murder,sexual assault,or arson. A1-2 Civil Rights Requirements. In accordance with Title VIi of the Civil Rights Act of 1964,the Americans with Disabilities Act of 1990, or the Florida Civil Rights Act of 1992,as applicable the Subrecipient shall not discriminate against any employee(or applicant for employment) in the performance of this Contract because of race,color,religion,sex,national origin,disability, age,or marital status. Further, the Provider agrees not to discriminate against any applicant,client,or employee in service delivery or benefits in connection with any of its programs and activities in accordance with 45 CFR,Parts 80,83,84,90,and 91, Title VI of the Civil Rights Act of 1964,or the Florida Civil Rights Act of 1992,as applicable and CFOP 60-16.These requirements shall apply to all contractors,subcontractors, subgrantees or others with whom it arranges to provide services or benefits to clients or employees in connection with its programs and activities. if employing fifteen or more employees,the Provider shall complete the Civil Rights Compliance Checklist,CF Form 946 within 30 days of execution of this Contract and annually thereafter in accordance with CFOP 60-16 and 45 CFR,Part 80. A1.3 Use of Funds for Lobbying Prohibited.The Subrecipient shall comply with the provisions of sections 11.062 and 216.347, F.S., which prohibit the expenditure of contract funds for the purpose of lobbying the Legislature,judicial branch,or a State agency A1.4 Public Entity Crime and Discriminatory Contractors.Pursuant to sections 287.133 and 287.134, F.S.,the following restrictions are placed on the ability of persons placed on the convicted vendor list or the discriminatory vendor list.When a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime,or an entity or affiliate has been placed on the discriminatory vendor list, such person, entity or affiliate may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a bid, proposal, or reply on a contract with a public entity for the construction or the repair of a public building or public work;may not submit bids,proposals,or replies an leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity; provided, however,that the prohibition on persons or affiliates placed on the convicted vendor shall be CCSO CJMHA Reinvestment Grant 2014 Contract No. CJMHSA-002 eeee Packet Page -975- 5/13/2014 16.D.2. limited to business in excess of the threshold amount provided in section 287.017, F.S.,for CATEGORY TWO for a period of thirty-six (36)months from the date of being placed on the convicted vendor list • M-5 Whistleblower's Act Requirements. In accordance with subsection 112.3187(2),F.S.,the Subrecipient and its subcontractors shall not retaliate against an employee for reporting violations of law,rule, or regulation that creates substantial and specific danger to the public's health,safety,or welfare to an appropriate agency. Furthermore,agencies or independent contractors shall not retaliate against any person who discloses information to an appropriate agency alleging improper use of governmental office,gross waste of funds,or any other abuse or gross neglect of duty on the part of an agency,public officer,or employee.The Provider and any subcontractor shall inform its employees that they and other persons may file a complaint with the Office of Chief Inspector General, Agency Inspector General,the Florida Commission on Human Relations or the Whistle-blower's Hotline number at 1-800-543-5353 A1-6 Support to the Deaf or Hard-of-Hearing. A1-6,1 Where direct services are provided,the Subrecipient and its subcontractors shall comply with section 504 of the Rehabilitation Act of 1973,29 U.S.C.794,as implemented by 45 CFR Part 84(hereinafter referred to as Section 504),the Americans with Disabilities Act of 1990,42 U.S.C, 12131, as implemented by 28 CFR Part 35(hereinafter referred to as ADA),and the Children and Families Operating Procedure(CFOP)60-10,Chapter 4, entitled"Auxiliary Aids and Services for the Deaf or Hard-of-Hearing." A1.6,2 If the Subrecipient or any of its subcontractors employs 15 or more employees,the Subrecipient shall designate a Single-Point-of- Contact(one per firm)to ensure effective communication with deaf or hard-of-hearing customers or companions in accordance with Section 504 of the ADA, and CFOP 60-10, Chapter 4.The Provider's Single-Point-of-Contact and that of its Subcontractors will process the compliance data into the County's HHS Compliance reporting Database by the 5th business day of the month,covering the previous month's reporting,and forward confirmation of submission to the Contract Manager.The name and contact information for the Provider's Single-Point-of-Contact shall be furnished to the County's Grant or Contract Manager within 14 calendar days of the effective date of this requirement. A1.6.3 The Subrecipient shall,within 30 days of the effective date of this requirement,contractually require that its subcontractors comply with Section 504,the ADA,and CFOP 60-10,Chapter 4.A Single-Point-of-Contact shall be required for each subcontractor that employs 15 or more employees.This Single-Paint-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 Provider's Single-Point-of- Contact. A1-6.4 The Single-Point-of-Contact shall ensure that employees are aware of the requirements,roles&responsibilities, and contact points associated with compliance with Section 504,the ADA,and CFOP 60-10,Chapter 4.Further,employees of providers and their subcontractors with 15 or more employees shall attest in writing that they are familiar with the requirements of Section 504,the ADA,and CFOP 60-10,Chapter 4.This attestation shall be maintained in the employee's personnel file. A1-6.5 The Provider's Single-Point-of-Contact will ensure that conspicuous Notices which provide information about the availability of appropriate auxiliary aids and services at no-cost to the deaf or hard-of-hearing customers or companions are posted near where people enter or are admitted within the agent locations. Such Notices must be posted immediately by The Subrecipient and its subcontractors. The approved Notice can be downloaded through the Internet at:http://www.myflfamiiies.com/ahout-us/services-deaf-and-hard- hearing/dof-posters. A1-6.6 The Subrecipient and its subcontractors shall document the customer's or companion's preferred method of communication and any requested auxiliary aids/services provided in the customer's record. Documentation,with supporting justification, must also be made if any request was not honored. The Subrecipient shall distribute Customer Feedback forms to customers or companions, and provide assistance in completing the forms as requested by the customer or companion. A1.6.7 If customers or companions are referred to other agencies,the Subrecipient must ensure that the receiving agency is notified of the customer's or companion's preferred method of communication and any auxiliary aids/service needs. A1.6.8 The County requires each contract/subcontract Subrecipient agency's direct service employees to complete Serving our Customers who are Deaf or Hard-of-Hearing and sign the Attestation of Understanding.Direct service employees performing under this CCSO CJMHA Reinvestment Grant 2014 Contract No. CJMHSA-002 Packet Page -976- .`, 5/13/2014 16.D.2. Contract will also print their certificate of completion, attach it to theft Attestation of Understanding,and maintain them in their personnel file. M-7 PRIDE.Articles which are the subject of or are required to carry out this Contract shall be purchased from Prison Rehabilitative Industries and Diversified Enterprises,Inc.,(PRIDE),identified under Chapter 946, F.S.,in the same manner and under the procedures set forth in subsections 946.515(2)and(4),F.S. For purposes of this Contract, the Subrecipient shall be deemed to be substituted for the County insofar as dealings with PRIDE.This clause is not applicable to subcontractors unless otherwise required by law.An abbreviated list of products/services available from PRIDE may be obtained by contacting PRIDE, (800)643-8459. A1.8 Recycled Products.The Subrecipient shall procure any recycled products or materials,which are the subject of or are required to carry out this Contract, in accordance with the provisions of sections 403.7065, F.S. A1-9 Employment Screening. A1-9.1 The Subrecipient shall ensure that all staff utilized by the Subrecipient and its subcontractors that are required by Florida law to be screened in accordance with chapter 435,F,S., are of good moral character and meet the Level 2 Employment Screening standards specified by sections 435.04, 110.1127, and subsection 39.001(2),F.S.,as a condition of initial and continued employment that shall include but not be limited to: a. Employment history checks; b. Fingerprinting for all criminal record checks; c.Statewide criminal and juvenile delinquency records checks through the Florida County of Law Enforcement(FDLE); d. Federal criminal records checks from the Federal Bureau of Investigation via the Florida County of Law Enforcement; and e.Security background investigation,which may include local criminal record checks through local law enforcement agencies. f.Attestation by each employee, subject to penalty of perjury,to meeting the requirements for qualifying for employment pursuant to chapter 435 and agreeing to inform the employer immediately if arrested for any of the disqualifying offenses while employed by the employer. A1.9.2 The Subrecipienishall sign an affidavit each State fiscal year for the term of the contract stating that all required staff have been screened or the Subrecipientis awaiting the results of screening CCSO CJMHA Reinvestment Grant 2014 Contract No.CJMI-ISA-002 Packet Page -977- 5/13/2014 16.D.2. EXHIBIT B•SCOPE OF WORK B-1 Scope of Service. This is a three-year Contract,pursuant to the Criminal Justice,Mental Health and Substance Abuse Reinvestment Grant established under authority of sections 394.656 through 394.6591, F.S. Under this Contract, the Collier County Sherriff Office,will assist in the Centralized Assessment Center(CAC)services and provide services by a Forensic Reintegration Support Team(FIRST),a coordinated jail reintegration team for arrestees with mental illness and substance abuse problems designed to decrease the likelihood of re-arrest, B-2 The Subrecipient shall conduct all activities supported by this Contract in accordance with the application,dated November 26, 2013,in response to the County of Children and Families' Request for Applications-Grant#LHZ02-Amended,dated October 2013. Both the Collier County application and the Request for Applications are hereby incorporated by reference and shall be maintained in the official files. B-3 Major Grant Objectives. B-3,1 The Subrecipient shall assure that individuals and entities who will be working with the Target Population are adequately trained in identifying or delivering recovery-oriented services. B-3.2 The Subrecipient shall endeavor to increase access to mental health treatment,substance abuse treatment or mental health and substance abuse prevention services for program participants identified as the Target Population. B-3.3 The Subrecipient shall provide individualized services to engage and motivate participants in the Target Population to improve their lives and avoid incarceration. B-3.4 The Subrecipient shall endeavor to increase public safety by reducing the number of arrests for the Target Population. B-4 Service Area, Locations and Times. B-4A Service Area. The Subrecipient shall provide services within Collier County,Florida. B-4.2 Service Delivery Locations, 8,4.2.1 The Subrecipient's administrative offices shall be located at the address specified in Section 21 of this Contract. B.4.2.2 The Subrecipient's programmatic offices shall be located at:3319 Tamiami Trail E Naples Florida 34112. 8.4.2.3 The Subrecipient's primary program site shall be located at:Collier County Sherriff Office 3319 Tamiami Trail East Naples, Florida 34112 B-4.3 Service Times.Services shall be provided,at a minimum,between the hours of 8:00 a.m.to 5:00 p.m., Monday through Friday,Eastern Time except for state-recognized holidays.Changes in service times and any additional holidays that the Subrecipient wants to observe shall be approved in writing by the County. B-4.4 Changes in Location. The Subrecipient shall notify the County in writing a minimum of one week prior to making changes in office location or any changes that will affect the County's ability to contact the Subrecipientby telephone, facsimile,or email. B.5. Clients to be Served. The Target Population for services under this program is adults with substance abuse and mental health disorders who reside in Collier County. 6-6. Client Determination. The Subrecipient and its designated partner are jointly responsible for the determination of appropriate program participants under this Contract. B-7. Equipment. In accordance with the terms of the Subrecipient's application,the Subrecipient shall be responsible for supplying all equipment necessary to perform and complete the services described herein including but not limited to computers,telephones,copier and fax machine,supplies and maintenance. B-8. Contract Limits. B-8.1 The total funds awarded under this Contract shall not exceed$333,123.00 over the lifetime of Contract Nontract. A-002 CCSO CJMHA Reinvestment Grant 2014 { Packet Page -978- 5/13/2014 16.D.2. 3.8.2 The total funds awarded for each program year under this Contract shall not exceed 3.8,2,1 $ 111,041.00 in program year 1; 3.8.2,2 $ 111,041.00 in program year 2; and 3.8.2,3 $ 111,041.00 in program year 3. CCSO CJMHA Reinvestment Grant 2014 Contract No.CJMHSA-002 Packet Page -979- f 5/13/2014 16.D.2. EXHIBIT C•TASK LIST The Subrecipientshall perform all functions necessary for the proper delivery of services including,but not limited to,the following: C-1 Service Tasks, C-1.1 To support Objective B-3.1,the Subrecipient shall participate in the Centralized Coordination Program and FIRST services through the CAC at the David Lawrence Center no later than November 30,2014,The CAC will enhance the efficiency and effectiveness of CIT training to law enforcement officers.The CAC will host a FIRST team providing coordinated jail reintegration team to arrestees with mental illnesses and substance abuse problems in order to decrease the likelihood of re-arrest. To achieve these program outcomes,the Subrecipient shall: C-1.1.1 Establish a Memorandum of Understanding(MOU)with all participating law enforcement agencies(city, county,local municipalities)outlining the transportation plan,roles,and responsibilities of each agency; C-1.1.2 Establish a MOU with the local Homeless Coalition outlining planning strategies and available housing alternatives(e.g.low demand, veterans,transitional, permanent,etc.)in the community; C-1,1,3 Ensure an ongoing collaborative relationship between the Centralized Coordination Program and law enforcement,judicial personnel,families,and consumers of substance abuse and mental health services, and substance abuse and mental health providers through daily activities and the oversight of the Public Safety Coordinating Council over the lifetime of this Contract. C-1.2 To support Objective 8-3.2,the Subrecipient shall participate in training in the principles of Crisis Intervention Teams (CIT)and evidenced based practices,and engage families and other natural supports to reduce the likelihood of subsequent crises.To achieve these Program outcomes,the Subrecipient shall: C-1.2.1 Ensure that all FIRST Team members,as applicable, are trained in evidence-based practices appropriate to the needs of each team member's jab description. Examples of appropriate evidence based-practices include Moral Reconation Therapy,Motivational Interviewing, Supportive Housing,Supportive Employment,SOAR(SSI, Outreach, Access,and Retention),and Certified Recovery Specialist;and 0-1.3 To support Objectives B-3.3,the Subrecipient shall work with the agencies involved in the Centralized Coordinating Program to ensure that program participants are receiving coordinated SAMH services designed to decrease the likelihood of criminal activity and contact with the criminal justice system. To achieve these Program outcomes,the Subrecipient shall: C-1.3.1 Provide timely and effective screening,assessment and referral to services to participants in the Target Population at the CAC and at the CCSO jail; C-1.3.2 Provide jail-based substance abuse treatment at the CCSO jail;using the Project Recovery Program model implemented through expansion of an existing CCSO contract with Corizon; and C-1.3.3 Provide intensive individualized substance abuse treatment and recovery services by the FIRST team to arrestees returning to the community which C-1.3.3.1 Ensure that CIT trained officers access the CAC and FIRST as alternatives to arrest as a diversionary tool; C-1.3,3.2 Enhance the FIRST team by adding substance abuse as primary issue as program inclusion criteria; C-1,3.3.3 Maintain a FIRST team to participant ratio of 1:20 or lower,ensuring those with more needs receive the most intensive assistance;and C-1,3.3.4 Provide effective,evidence-based transition-planning,treatment and ancillary supports to ensure best possible clinical and social outcomes and reduce arrests. 0-1.3,4 Conduct annual Planning Council meetings to review and revise the strategic plan based on current system gaps. C-1.4 To support Objective B-3.4,the Subrecipient shall ensure individualized services to engage and motivate individuals in the Target Population to improve their lives and avoid incarceration.To achieve this program outcome,the Subrecipient shall: CCSO CJMHA Reinvestment Grant 2014 Contract No. CJMHSA-002 Packet Page -980- 5/13/2014 16.D.2. C-1.4.1 incorporate the following evidence-based practices into FIRST team service delivery C-1.4.1.1 Motivational Interviewing strategies to engage and motivate participants to improve their life situations; C-1.4.1.2 Supported Employment and Supported Housing evidence-based practices to help participants meet personal goals and participate fully in the life of the community;and C-1.4.1.3 FIRST Certified Recovery Peer Specialists will link participants with disability benefits through SOAR,as well as to social and natural supports. C-2 Administrative Tasks C-2.1 Staffing.The Subrecipient shall assign and maintain the following staff,as detailed in the Subrecipient's application,and supported by this Contract to accomplish the Major Grant Objectives specified in Exhibit B and Service Tasks specified in Exhibit C; C-2.1.1 The following subcontract or sub-Subrecipient staff supported by this Contract through the Collier County Sherriff Office: C-2.1.1.1 FIRST team staff to include; C-2.1.1.1.1 2,0 FTE Discharge Planners; C-2.1.2 Professional Qualifications.The Subrecipient shall ensure all program staff assigned maintain all applicable minimum licensing, accreditation, training and continuing education requirements required by state and federal laws or regulations for their assigned duties and responsibilities, C-2.2 Subcontracting. C-2.2,1 Without express written advance authorization by the County,the Subrecipient shall not award subcontracts or sub-grants to any other individuals or organizations; nor shall it transfer, reassign or otherwise give responsibility for the implementation of any services funded by this Contract. C-2.2.2 The Subrecipient shall require all subcontractors or sub-Subrecipients at any tier level to comply with the E- Verify clause subject to the same requirements as the Subrecipient. C-2.2.3 The Subrecipient shall be responsible for coordinating expenditures made by subcontractors and sub- Subrecipients.The Subrecipient shall ensure funds dispersed to subcontractors and sub-Subrecipients are expended for the purposes intended and that a full accounting for these grants funds is made. C-2.2.4 The Subrecipient shall be responsible for service delivery,monitoring and quality assurance of all subcontracts or sub-grants entered into by the Subrecipient under this Contract. C-2.2.5 The Subrecipient shall include in all subcontract or sub-Contracts;a detailed scope of work;clear and specific deliverables; performance standards;sanctions for nonperformance;programmatic monitoring requirements; fiscal monitoring requirements;detailed documentation requirements,and the substance of all clauses in the Standard Contract that mention or describe subcontract compliance. C-2,3 Records and Documentation. C-2.3.1 The Subrecipient shall retain all financial records,supporting documents,statistical records and any other documents,whether kept by electronic storage media or otherwise,for a period of not less than six years after the starting date of this Contract. If audit findings have not been resolved at the end of the six year period,the records shall be retained until resolution of the audit findings. State auditors and any persons authorized by the County shall have full access to,and shall have the right to examine any materials at any time during regular business hours. C-2.3.2 The Subrecipient shall provide data and other information requested by the CJMHSA Grant Technical Assistance Center(TAC) at the Louis de la Parte Florida Mental Health Institute of the University of South Florida to enable TAC to perform statutory duties established in the authorizing legislation. C-2.3.3 The Subrecipient shall protect confidential records from disclosure and protect participants'confidentiality in accordance with s.397.501(7), F.S, CCSO CJMHA Reinvestment Grant 2014 Contract No. CJMHSA-002 Packet Page-981- 5/13/2014 16.D.2. C-2.3.4 Unless otherwise specified in Section C-2.5,all correspondence,reports, records and documentation may be maintained and provided to the County electronically. C-2.3.5 The Subrecipient shall maintain,and shall ensure all partner agencies maintain records and documentation including,but not limited to,the following: C-2.3.5.1 Draft reports,final reports, meeting notes,telephone logs; C-2.3.5.2 Executed subcontract or sub-Contracts and any amendments,invoices and supporting documentation,expenditure reports,and deliverables; C-2.3.5.3 Documentation of time worked for each staff paid in whole or in part with these Contract funds; C-2.3,5,4 Travel logs and requests for reimbursement for staff travel; C-2.3.5.5 Employment screening results for each staff who meets the requirements to be screened for employment. C-2.3.6 All records and documentation pertaining to this Contract shall be sent to the County upon request and shall be available to the County for inspection at any time. C-2.4 Reports. C•2.4.1 All tasks and activities under this Contract shall be documented in the following reports. C-2.4.1,1 Quarterly Program Status Report. A detailed report of the services and activities performed in the previous three months and the progress of the program in meeting the performance measures,goals, objectives,and tasks described in the Subrecipient's application and as specified in this contract in section D.4. and El,The County will provide the template needed to file this report. C.2.4.1.2 Monthly Program Status Report. A detailed report of the services and activities performed in the previous month and the progress of the program in meeting the performance measures,goals,objectives, and tasks described in the Subrecipient's application and as specified in this contract in section D,4. and E.1.The County will provide the template needed to file this report. C-2.4.1.3 Quarterly Financial Report.A detailed report of expenditures for the previous three months associated with this Contract..The report must reconcile these expenditures with the payments made by the County.The Subrecipient is encouraged to use this report for expenditure planning and projection.The report must be submitted in hard or electronic copy.The County will provide the template needed to file this report. C-2.4.1.4 Final Program Status Report.A detailed report of the services or activities performed for the entire term of the Contract and the status of the meeting the performance measures,goals,objectives, and tasks described in the Subrecipient's application and the terms of this Contract. C-2.4.1.5 Final Financial Report. A detailed report documenting the expenditure of funds provided by this Contract and compliance with the statutory county match requirement.The report must be submitted in hard or electronic copy C-2,4.2 Reporting Schedule.The Subrecipient shall submit reports in accordance with the reporting schedule in Table ----------.-------_..____�__�__..---Table 1, Reporting Schedule - ------------_--_------ –_._ Address to Receive Reports Report Name Due Date t Quarterly Program Status 5th day of the month following the County Housing, Human and Report quarter of program services or activities y Veteran Services Monthly Program Status 5th day of the month following the Attention:TBD Grant Coordinator Report month of program services or activities Quarterly Financial Report 5th day of the month following the CCSO CJMHA Reinvestment Grant 2014 Contract No. CJMHSA-002 Packet Page-982- 5/13/2014 16.D.2. quarter of program services or activities j Final Program Status No later than 30 days following the Report ending date of the Contract. Final Financial Report No later than 30 days following the ending date of the Contract. C-2.4.3 Additional Reporting Requirements,The Subrecipient shall provide additional reporting pertaining to the services and activities rendered should the County determine this to be necessary. C-2.5 Standard Contract Requirements. Subrecipient will perform all acts required by Contract. C-2,6 Client Risk Prevention. In accordance with the client risk prevention system, the Subrecipient shall report those reportable situations listed in CFOP 215-6 in the manner prescribed in CFOP 215-6. The Subrecipient shall immediately report any knowledge or reasonable suspicion of abuse,neglect,or exploitation of a child, aged person,or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number(1-800-96ABUSE), As required by Chapters 39 and 415, F.S.,this provision is binding upon both the Subrecipient and its employees, C-2.7 Emergency Preparedness Plan, C-2.7.1 If the tasks to be performed pursuant to this Contract include the physical care or supervision of clients,the Subrecipient shall, within 30 days of the execution of this Contract,submit-an emergency preparedness plan which shall include provisions for records protection, alternative accommodations for clients in substitute care,supplies, and a recovery plan that will allow the Subrecipient,its subcontractors or sub-Subrecipients to continue functioning in compliance with the executed Contract in the event of an actual emergency. C-2.7.2 No later than twelve months following the County's original acceptance of a plan and every twelve months thereafter,the Subrecipient shall submit a written certification that it has reviewed its plan,along with any modifications to the plan,or a statement that no modifications were found necessary. CCSO CJMHA Reinvestment Grant 2014 Contract No, CJMHSA-002 Packet Page -983- 5/13/2014 16.D.2. EXHIBIT D DELIVERABLES D-1, Service Units. D-1,1 A service unit is one month of combined FIRST services,CAC services as described in the Subrecipient's Application and summarized in Table 2. 0-2. Service Targets. Over the lifetime of this Contract,the Subrecipient shall attain the service targets described below and summarized in Table 2. D-2.1 The Subrecipient shall deliver FIRST services to a total of 270 FIRST Program participants. D-2.2 The Subrecipient shall deliver Central Assessment Center(CAC)services to a total of 3,600 CAC Program participants, D-2.3 The Subrecipient shall deliver CIT training to a total of 180 law enforcement officers, Table 2,Service Summary __.-__.______----.._._..,�___.--------_.._.__..__------------------------------_—_.----Target#of Participants Program Program Program Program Service Target #Units Duration Year 1 Year 2 Year 3 Lifetime 6/1/14- 6/1115- 611115- 6/1114 - 3/31/15 3/31/16 3/31/17 3/31/17 D-2,1 270 12 One Calendar Quarter 90 90 90 FIRST Services 12 One Calendar Quarter 1,200 1,200 1,200 3,600 CAC Services -_----D-2.3 180 12 One Calendar Quarter 60 60 60 CIT Training D-3. Deliverables,The Subrecipient shall demonstrate satisfactory progress towards each lifetime service target in Section D-1 through submission of monthly and quarterly data reporting in each Program Status Report specified in Section C-2.4, 0-4. Performance Measures for acceptance of Deliverables. D-4.1 During the first program year,satisfactory progress toward Service Target D-2.1 shall be demonstrated by: D-4.1,1 100%completion of tasks C-1.1.1,C-1,1.2 during the first quarter of the program year;and D-4.1.2 Services under task C-1.1,3,provided to,at a minimum,: D-4.1.2,1. 20%of the program year target by the end of the second quarter; D-4.1.2.2, 60%of the program year target by the end of the third quarter; and D-4.1.2,3. 80%of the program year target by the end of the fourth quarter, D-4.2 During the second and third program years, satisfactory progress toward Service Target D-2.1 shall be demonstrated by services under task C-1.1.3 provided to,at a minimum: D-4.2.1 20%of the program year's target by the end of the first quarter; D-4.2.2 40%of the program year's target by the end of the second quarter; CCSO CJMHA Reinvestment Grant 2014 Contract No.CJMNSA-002 ( Packet Page -984- `l 5/13/2014 16.D.2. D-4.2.3 60%of the program year's target by the end of the third quarter; and D-4.2.4 80%of the program year's target by the end of the fourth quarter. D•4.3 Satisfactory progress toward Service Targets D-2,2 and D-2.3 shall be demonstrated,at a minimum,by training services provided to: D-4,3.1 A minimum of 50%of each program year's targets by the end of the second quarter of each program year; and D-4.3.2 A minimum of 100%of each program year's targets by the end of the fourth quarter of each program year. D-4.4 The target numbers reflected in the table are to be achieved collectively by all three subrecipients each quarter. In the event the Subrecipient fails to achieve the minimum performance measures in sections D-4.1 through D-4,3, the County may apply financial consequences. CCSO CJMHA Reinvestment Grant 2014 Contract No.CJMHSA-002 Packet Page -985- .t' 5/13/2014 16.D.2. EXHIBIT E—MINIMUM PERFORMANCE MEASURES E-1. Minimum Performance Measures.The following minimum qualitative performance measures are established pursuant to Section 4 of the Contract and shall be maintained during the term of this Contract and reported monthly. E•1.1 50%reduction of re-arrests among Program participants in the adult criminal justice systems. E•1.2 100%of Program participants that receive increased access to services in comprehensive recovery based mental health and/or substance abuse treatment services that are community based. E.1.3 80%change from admission to re-entry into the community of Program participants who reside in a stable housing environment. E•1.4 80%increase of eligible Program participants linked to social security benefits through SOAR-trained CPRS or other FIRST team members. E-2. Performance Evaluation Methodology,The County will monitor the Subrecipient's performance in achieving the standards in section E-2 according to the following methodology: E•2.1 For the measure in section E-1.1,the total number of arrests among participants within one year post program admission DIVIDED BY the total number of arrests among program participants one year prior to program admission shall be LESS THAN OR EQUAL TO 50%. E•2.2 For the measure in section E-1.2,the total number of program participants reporting that they have received increased access to comprehensive recovery based mental health and/or substance abuse treatment services that are community based in the one year period post program admission DIVIDED BY the total number of program participants reporting that they have received access to comprehensive recovery based mental health and/or substance abuse treatment services that are community based prior to program • admission shall be EQUAL TO 100%. E•2.3 For the measure in section E-1.3,the total number of program participants reporting that they reside in a stable housing environment in the one year period post program admission DIVIDED BY the total number of program participants reporting that they were not residing In a stable housing environment prior to program admission shall be GREATER THAN OR EQUAL TO 80%. E•2.4 For the measure in section E-1.4,the total number of program participants who were eligible for, but not receiving,social security or other benefits at program admission who are linked to such benefits after admission DIVIDED BY the total number of program participants who were eligible for,but not receiving, those benefits at program admission shall be GREATER THAN OR EQUAL TO 80%. CCSO CJMHA Reinvestment Grant 2014 Contract No. CJMHSA-00. Packet Page -986- 5/13/2014 16.D.2. EXHIBIT F-METHOD OF PAYMENT F-1 This is a cost reimbursement Contract . The County will pay the Subrecipient for the delivery of service provided in accordance with the terms of this Contract and the project budget,subject to the availability of funds. F-2 The County shall reimburse funds to the Subrecipient according to the schedule in the table below. F-3 Modifications to the "Budget and Scope" may only be made if approved in advance, Budgeted fund shifts between budget categories and tine items shall not be more than 10%and does not signify a change in scope. Fund shifts that exceed 10%of budget category or line item shall only be made with board approval. Program Period Activity _.JT Amount 1 Personnel $109,541.00...___1 Program Year 1 ------__ $1,500.00 j Personnel 1 $109,541,00_vI Program Year 2 Supplies � $1,500_00 _._.. Program Year 3 Personnel Supplies _1 $1,500.00 ] TOTAL CONTRACT $333,123.00 _ _J F-4 The Subrecipient shall request reimbursement by submission of a properly completed invoice(Exhibit G) and submission of all supporting documentation no later than the 5th day of the month following service provision, accompanied by the corresponding monthly performance reports and any other deliverable report due for the period of the invoice. F-5 The County shall approve reimbursement requests following receipt of documentation of compliance with the Performance Measures for Acceptance of Deliverables in section D-4 and Minimum Performance Measures E-1. F-5.1 The County shall withhold 10%from each reimbursement request and upon satisfactory completion of program lifetime performance targets and completion of the county closeout monitoring,the County shall release the remaining funds held throughout the term of the agreement, less any funds retained for failure to achieve a performance target F-5,2 If the Subrecipient does not meet the same performance measure for six or more consecutive months, the County shall apply a 10%penalty for all payments made to date.Corrective action plans required and may result in a reduction in future funding under this Contract,at the County's sole discretion F-6 The Subrecipient shall submit a final invoice for payment no later than 30 days after the expiration of this Contract or after this Contract is terminated. Failure to do so will result in a forfeiture of all right to payment and the County shall not honor any requests submitted after the aforesaid time period.Any payment due under the terms of this Contract will be withheld until the Final Program Status Report and Final Financial Report are submitted,and the Close Out Monitoring is completed and approved by the County. F-7 The Subrecipient shall provide match funds in accordance with the schedule in the table below: _Program Period_1---_---Amount_.__.-.-.J Program Year 1_ _] $136,659.91 _j CCSO CJMHA Reinvestment Grant 2014 Contract No. CJMHSA-00: Packet Page-987- 5/13/2014 16.D.2. Program Year 2 I_ $136,659.91 __-1 _._Program Year 3 �_$136,659.91__ j MATCH TOTAL$ 409,979.73 1 F-8 The County shall reimburse the SUBRECIPIENT for the performance of this Contract upon completion or partial completion of the work tasks as accepted and approved by HHVS,SUBRECIPIENT may not request disbursement of CJMHSA funds until funds are needed for eligible costs,and all disbursement requests must be limited to the amount needed at the time of request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this contract. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Contract. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with§218.70, Florida Statutes,otherwise known as the"Local Government Prompt Payment Act." CCSO CJMHA Reinvestment Grant 2014 Contract No. CJMRSA-00; Packet Page -988- 5/13/2014 16.D.2. EXHIBIT"G" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Collier County Sherriff Office Sub recipient Address: 33319 Tamiami Trail East Naples Florida 34112 Project Name: Criminal Justice Reinvestment Grant FY 2014-2017 Project No: CJMHSA-002 Payment Request# Dollar Amount Requested: $ Date Period of Availability: Period for which Aaenc has incurred indebtedness: throu_h SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 333,123.00 2. Sum of Past Claims Paid on this Account $ 1 Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account • $ 4. Amount of Previous Unpaid Requests $ 5. Amount of Today's Match $ 6. 10%of Retainage Withheld $ 7. Amount of Today's Request $ 8. Current Grant Balance(Initial Grant Amount Awarded Less Sum of all requests) $ i certify that this request for payment has been made in accordance with the terms and conditions of the Contract between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator DATE • Supervisor Date (approval authority under$14,999) Dept Director (approval required$15,000 and above) CCSO CJMHA Reinvestment Grant 2014 Contract No.CJMHSA-00; • Packet Page -989- 5/13/2014 16.D.2. EXHIBIT H ANNUAL AUDIT MONITORING REPORT OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our subrecipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Subrecipient Collier County Sheriff Office Fiscal Year Name Period Total State Financial Assistance Expended during most recently completed Fiscal Year Total Federal Financial Assistance Expended during most recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as indicated above and have completed our Circular A-133 audit. A copy of the audit report and management letter are attached. We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as indicated above and expect to complete our Circular A-133 audit by . Within 30 days of completion of the A-133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A-133 because we: Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above Are a for-profit organization LiAre exempt for other reasons —explain An audited financial statements is attached and if applicable, the independent auditor's management letter. (If findings were noted, please enclose a copy of the responses and corrective action plan.) Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title • This form may be used to monitor Florida Single Audit Act(Statute 215.97) requirements. Gt,O Packet Page -990- 5/13/2014 16.D.2. AGREEMENTCIMHSA-001 For Criminal justice Mental Health Substance Abuse Reinvestment Grant THIS CONTRACT, made and entered into on this 13th day of May 2014, by and between David Lawrence Mental Health Center, Inc., authorized to do business in the State of Florida, whose business address is 6075 Bathey Lane Naples, Florida 34116, the "Subrecipient" and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: NOW, THEREFORE, in consideration of the mutual covenants and obligations herein, the Parties agree as follows: 1. CONTRACT DOCUMENT This contract is composed of Sections 1 through 38 hereof, as well as Exhibits A-H and any exhibits referenced in said attachments, together with any documents incorporated by reference, which contain all the terms and conditions agreed upon by both parties. 2. CONTRACT TERM Services of the SUBRECIPIENT shall start on the 1St day of June, 2014 and end on the 31st day of March, 2017. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period 3. STATEMENT OF WORK The Subrecipient shall provide in accordance with the terms and conditions of Criminal Justice Mental Health and Substance Abuse Reinvestment Grant Application and the Subrecipient's proposal referred to herein and made an integral part of this Contract. This Contract contains the entire understanding between the parties and any modifications to this Contract shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procedures in effect at the time such services are authorized. The Subrecipient shall perform all tasks and provide units of deliverables, including reports, findings, drafts, as specified in this Contract. These deliverables must be received and accepted by the Grant Coordinator in writing prior to processing pay DLC CJMHSA Reinvestment Grant 2014-2017 CJMHSA-001 Packet Page -991- 5/13/2014 16.D.2. requests, subject to audit and review and to the satisfaction of the County. The County's determination of acceptance shall be conclusive. The County's receipt of reports and other submissions by the Subrecipient does not constitute acceptance thereof. 4. PERFORMANCE MEASURES 4.1 Performance Measures for Acceptance of Deliverables. The performance measures for the acceptance of deliverables are set forth in Exhibit D and E. 4.2 Minimum Performance Measures. To avoid termination the Subrecipients performance must meet the minimum performance standard set forth in Exhibit D and E. By execution of this contract the Subrecipient acknowledges and agree that its performance under the Contract must meet these Minimum Performance Measures and that it will be bound by the conditions set forth therein. If the Subrecipient fails to meet these standards, the County, at its exclusive option, may allow a reasonable period, not to exceed 2 quarters, for the Subrecipient to correct performance deficiencies. If performance deficiencies are not resolved, the County at its discretion may terminate the Contract and request repayment of any or all payments made prior. 5. THE CONTRACT SUM The County shall pay Subrecipient for the performance of this Contract a maximum amount of Three Hundred Sixty Seven Thousand One Hundred Forty and Eighty Cents ($367,140.80), based on the cost set forth in the Subrecipients budget Exhibit F. The County's performance and obligation to pay under this Contract is contingent upon the County's contract with the Department of Children and Families Contract and annual appropriation by the Legislature and the Board of County Commissioners. 6. PAYMENT Payment will be made upon receipt of a proper invoice and supporting documentation and upon approval by the Grant Coordinator or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act" and in accordance with Exhibit F. 6.1 Generally. The subrecipient shall submit bills for fees or other compensation for services or expenses in sufficient detail to conduct a pre-audit and post-audit. Where itemized travel expense is permitted in this Contract, the Subrecipient shall submit any bills or any travel expenses in accordance with F.S. 112.061 and Children and Families Operating Procedure 40-1, or at such lower rates as may be provided in this Contract. 6.2 Final Invoice. Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within thirty (30) days after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal DLC CJMHSA Reinvestment Grant 2014-2017 CJMHSA-001 Packet Page -992- 5/13/2014 16.D.2. doctrine of "'aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Contract. 6.3 Travel Expenses Travel Expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates and subject to F.S.: Mileage $0.445 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than$100,00 per night Parking Actual cost of parking Taxi Actual cost of either taxi 6.4 Reimbursable Expenses/Budget. Reimbursable items other than travel expenses shall be limited to the following items as detailed in Exhibit F. All reimbursable items will be paid only after Subrecipient has provided all receipts. Subrecipient shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Contract. 7. INDEPENDANT CONTRACTOR, SUBCONTRACTING, AND ASSIGNMENT 7.1 In performing its obligations under this Contract, the Subrecipient shall at all times be acting in the capacity of an independent contractor and not as an officer, employee, or agent of the State of Florida or the County, except where the Subrecipient is a State agency. Neither the Subrecipient nor any of its agents, employees, subcontractors or assignees shall represent to others that it is an agent of or has the authority to bind the County by virtue of this Contract,unless specifically authorized in writing to do so. This Contract does not create any right in any individual to State or County retirement, leave benefits or any other benefits of State employees as a result of performing the duties or obligations of this Contract, 7.2 The Subrecipient shall take such actions as may be necessary to ensure that it and each subcontractor of the Subrecipient will be deemed to be an independent contractor and will not be considered or permitted to be an officer, employee, or agent of the DLC CJMHSA Reinvestment Grant 2014-2017 CJMHSA-001 Packet Page -993- 5/13/2014 16.D.2. State of Florida. The County will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical support) to the Subrecipient, or its subcontractor or assignee, unless specifically agreed to by the County in this Contract. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all necessary insurance for the Subrecipient, the Subrecipient's officers, employees, agents, subcontractors, or assignees shall be the sole responsibility of the Subrecipient and its subcontractors. The parties agree that no joint employment is intended and that, regardless of any provision directing the manner of provision of services, the Subrecipient and its subcontractors alone shall be responsible for the supervision, control, hiring and firing, rates of pay and terms and conditions of employment of their own employees. 7.3 The Subrecipient shall not assign its responsibilities under this Contract to another party,in whole or part,without prior written approval of the County, upon the County's sole determination that such assignment will not adversely affect the public interest. No payment shall be made under this Contract to any factor or other person who has been assigned or transferred the right to receive payment in lieu of or on behalf of the Subrecipient except upon full and faithful performance of the Subrecipient's duties hereunder. Any assignment or transfer occurring without prior approval of the County shall be null and void. The Subrecipient shall not subcontract for any of the work contemplated under this Contract without prior written approval of the County, which shall not be unreasonably withheld. 7.4 The County shall at all times be entitled to assign or transfer, in whole or part, its rights, duties, or obligations under this Contract to another governmental agency in the State of Florida or to a Subrecipient of the County's selection,upon giving prior written notice to the Subrecipient. In the event of assignment by either party, this Contract shall remain binding upon the lawful successors in interest of the Subrecipient and the County. 7.5 The Subrecipient is responsible for all work performed and for all commodities produced pursuant to this Contract whether actually furnished by the Subrecipient or by its subcontractors. Any subcontracts shall be evidenced by a written document. The Subrecipient further agrees that the County shall not be liable to the subcontractor in any way or for any reason relating to this Contract. 7.6 The Subrecipient shall include, in all subcontracts (at any tier) the substance of all clauses contained in this Contract that mention or describe subcontract compliance, as well as all clauses applicable to that portion of the Subrecipient's performance being performed by or through the subcontract 8. SUBRECIPIENT INDEMNITY Section 19 of PUR 1000 Form shall apply per its terms, except that the phrase "arising from or relating to personal injury and damage to real or personal tangible property" in the first DLC CJMHSA Reinvestment Grant 2014-2017 CJMHSA-001 k., ) Packet Page-994- 5/13/2014 16.D.2. paragraph is replaced with"arising out of or by reason of the execution of this Contract or arising from or relating to any alleged act or omission by the Subrecipient, its agents, employees,partners, or subcontractors in relation to this Contract," and the following additional terms will also apply: 8.1 If the Subrecipient removes an infringing product because it is not reasonably able to modify that product or secure the County the right to continue to use that product, the Subrecipient shall immediately replace that product with a non-infringing product that the County determines to be of equal or better functionality or be liable for the County's cost in so doing. 9. INTELLECTUAL PROPERTY It is agreed that all intellectual property, inventions, written or electronically created materials, including manuals, presentations, films, or other copyrightable materials, arising in relation to Subrecipient's performance under this Contract, and the performance of all of its officers, agents and subcontractors in relation to this Contract, are works for hire for the benefit of the County, fully compensated for by the contract amount, and that neither the Subrecipient nor any of its officers, agents nor subcontractors may claim any interest in any intellectual property rights accruing under or in connection with the performance of this Contract. It is specifically agreed that the County shall have exclusive rights to all data processing software falling within the terms of section 119.084,F.S., which arises or is developed in the course of or as a result of work or services performed under this Contract, or in any way connected herewith. Notwithstanding the foregoing provision, if the Subrecipient is a university and a member of the State University System of Florida, then section 1004.23, F.S., shall apply. 9.1 If the Subrecipient uses or delivers to the County for its use or the use of its employees, agents or contractors, any design, device, or materials covered by Ietters, patent, or copyright, it is mutually agreed and understood that,the compensation paid pursuant to this Contract includes all royalties or costs arising from the use of such design, device, or materials in any way involved in the work contemplated by this Contract. For purposes of this provision, the term "use" shall include use by the Subrecipient during the term of this Contract and use by the County, its employees, agents or contractors during the term of this Contract and perpetually thereafter. 9.2 All applicable subcontracts shall include a provision that the Federal awarding agency reserves all patent rights with respect to any discovery or invention that arises or is developed in the course of or under the subcontract. Notwithstanding the foregoing provision, if the Subrecipient or one of its subcontractors is a university and a member of the State University System of Florida, then section 1004.23, F.S., shall apply, but the County shall retain a perpetual,fully-paid, nonexclusive license for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products. DLC CJMHSA Reinvestment Grant 2014-2017 CMHSA-001 Packet Page -995- 5/13/2014 16.D.2. 10. PUBLICITY Without limitation, the Subrecipient and its employees, agents, and representatives will not,without prior County written consent in each instance, use in advertising, publicity or any other promotional endeavor any State mark,the name of the State's mark, the name of the State or any State agency or affiliate or any officer or employee of the State, or any State program or service, or represent, directly or indirectly, that any product or service provided by the Subrecipient has been approved or endorsed by the State, or refer to the existence of this Contract in press releases, advertising or materials distributed to the Subrecipient's prospective customers. 11. SPONSORSHIP As required by section 286.25,F.S., if the Subrecipient is a non-governmental organization which sponsors a program financed wholly or in part by State funds, including any funds obtained through this Contract, it shall, in publicizing, advertising, or describing the sponsorship of the program state: "Sponsored by (Subrecipient's name) and the State of Florida, County of Children and Families". If the sponsorship reference is in written material, the words"State of Florida, County of Children and Families" shall appear in at least the same size letters or type as the name of the organization 12. MADATORY REPORTING REQUIREMENTS The Subrecipinet must comply with and inform its employees of the following mandatory reporting requirements. Each employee of the Subrecipient, providing services in connection with this Contract who has any knowledge of a reportable incident shall report such incident as follows: 1) reportable incidents that may involve an immediate or impending impact on the health or safety of a client shall be immediately reported to the County Grant Coordinator; and 2) other reportable incidents shall be reported to the County of Children and Families Office of Inspector General by completing a Notification/Investigation Request (Form CF 1934) and emailing the request to the Office of Inspector General at ig_complaints@dcf.state.fl.us. The Subrecipient may also mail the completed form to the Office of Inspector General, 1317 Winewood Boulevard, Building 5, 2nd Floor, and Tallahassee, Florida, 32399-0700; or via fax at (850) 488-1428. A reportable incident is defined in CFOP 180-4, which can be obtained from the County Grant Coordinator. 13. RECORDS,AUDITS AND DATA SECURITY 13.1 Records, Retention,Audits, Inspections and Investigations. 13.1 The Subrecipient shall establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of funds provided by the County under this Contract. 13.2 Retention of all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to DLC CJMHSA Reinvestment Grant 2014-2017 CJMHSA-001 r , \ Packet Page -996- 5/13/2014 16.D.2. this Contract shall be maintained by the Subrecipient during the term of this Contract and retained for a period of six (6) years after completion of the Contract or longer when required by law. In the event an audit is required under this Contract, records shall be retained for a minimum period of six (6) years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this Contract, at no additional cost to the County. 13.3 Upon demand, at no additional cost to the County, the Subrecipient will facilitate the duplication and transfer of any records or documents during the term of this Contract and the required retention period in Section 5.1.2 hereof. 13.4 These records shall be made available at all reasonable times for inspection, review,copying, or audit by Federal, State, or other personnel duly authorized by the County. 13.5 At all reasonable times for as long as records are maintained,persons duly authorized by the County and Federal auditors,pursuant to 45 Code of Federal Regulations (CFR) s. 92.36(i)(10), shall be allowed full access to and the right to examine any of the Subrecipient's contracts and related records and documents, regardless of the form in which kept. 13.6 A financial and compliance audit shall be provided to the County 13.7 The Subrecipient shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by The Office of the Inspector General (section 20.055, F.S.). 14. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT In compliance with 45 CFR s.164.504(e), the Subrecipient shall comply with the provisions in this Contract, governing the safeguarding, use and disclosure of Protected Health Information created, received, maintained, or transmitted by the Subrecipient or its subcontractors incidental to the Subrecipient's performance of this Contract. 15. CONFIDENTIAL CLIENT AND OTHER INFORMATION Except as provided in this Contract, the Subrecipient shall not use or disclose but shall protect and maintain the confidentiality of any client information and any other information made confidential by Florida law or Federal laws or regulations that is obtained or accessed by the Subrecipient or its subcontractors incidental to performance under this Contract. 16. DATA SECURITY The Subrecipient shall comply with the following data security requirements whenever DLC CJMHSA Reinvestment Grant 2014-2017 CJMHSA-001 Packet Page -997- 5/13/2014 16.D.2. the Subrecipient or its subcontractors have access to County data systems or maintain any client or other confidential information in electronic form: 16.1 An appropriately skilled individual shall be identified by the Subrecipient to function as its Data Security Officer. The Data Security Officer shall act as the liaison to the County's security staff and will maintain an appropriate level of data security for the information the Subrecipient is collecting or using in the performance of this Contract. An appropriate level of security includes approving and tracking all Subrecipient employees that request or have access to any County data system or information. The Data Security Officer will ensure that user access to the data system or information has been removed from all terminated Subrecipient employees. 16.2 The Subrecipient shall provide the latest County security awareness training to its staff who have access to County information. 16.3 All Subrecipient employees who have access to County information shall comply with, and be provided a copy of CFOP 50-2, and shall sign the DCF Security Contract form CF 0114 annually. A copy of CF 0114 may be obtained from the Contract Manager. 16.4 The Subrecipient shall make every effort to protect and avoid unauthorized release of any personal or confidential information by ensuring both data and mobile storage devices are encrypted as prescribed in CFOP 50-2. If encryption of these devices is not possible, then the Subrecipient shall assure that unencrypted personal and confidential County data will not be stored on unencrypted storage devices. 16.5 The Subrecipient agrees to notify the Contract Manager as soon as possible, but no later than five (5) business days following the determination of any breach or potential breach of personal and confidential County data. 16.6 The Subrecipient shall at its own cost provide notice to affected parties no later than 45 days following the determination of any potential breach of personal or confidential County data as provided in section 817.5681, F.S. The Subrecipient shall also at its own cost implement measures deemed appropriate by the County to avoid or mitigate potential injury to any person due to a breach or potential breach of personal and confidential County data The Subrecipient shall cause each of its subcontractors having access to County data systems or maintaining any client or other confidential information in electronic form to comply with the provisions of this Section 5.6 and the term "Subrecipient" shall be deemed to mean the subcontractor for such purposes 17. MOST FAVORED PARTY STATUS The Subrecipient represents and warrants that the prices and terms for its services under this Contract are no less favorable to the County than those for similar services under any existing contract with any other party. The Subrecipient further agrees that, within 90 DL,C CJMHSA Reinvestment Grant 2014-2017 CJMHSA-001 Packet Page -998- 5/13/2014 16.D.2. days of Subrecipient entering into a contract or contract amendment or offering to any other party services similar to those under this Contract under prices or terms more favorable than those provided in this Contract, the Subrecipient will report such prices and terms to the County, which prices or terms shall be effective as an amendment to this Contract upon the County's written acceptance thereof. Should the County discover such other prices or terms, the same shall be effective as an amendment to this Contract retroactively to the earlier of the effective date of this Contract (for other contracts in effect as of that date) or the date they were first contracted or offered to the other party (for subsequent contracts, amendments or offers) and any payment in excess of such pricing shall be deemed overpayments. Subrecipient shall submit an affidavit no later than July 31st of each year during the term of this Contract attesting that the Subrecipient is in compliance with this provision, as required by section 216.0113, F.S. 18. ANTICOMPETIVE CONTRACTS The Subrecipient will not offer, enter into nor enforce any formal or informal Contract with any person, firm or entity under which the parties agree to refrain from competing for any future service contract or limit in any manner the ability of either party to obtain employment by or provide services to the County or a Subrecipient of services to the County. 19. TRANSITIONING YOUNG ADULTS The Subrecipient understands Children and Families interest in assisting young adults aging out of the dependency system. The County encourages Subrecipient participation with the local Community-Based Care Lead Agency Independent Living Program to offer gainful employment to youth in foster care and young adults transitioning from the foster care system 20. DEO AND WORKFORCE FLORIDA The Subrecipient understands that Children and Families, the Department of Economic Opportunity, and Workforce Florida, Inc., have jointly implemented an initiative to empower recipients in the Temporary Assistance to Needy Families Program to enter and remain in gainful employment. The County encourages Subrecipient participation with the Department of Economic Opportunity and Workforce Florida. 21. NOTICES. All notices from the County to the Subrecipient shall be deemed duly served if mailed or faxed to the Subrecipient at the following Address: David Lawrence Center 6075 Bathey Lane Naples,Florida 34116 Attention: Scott Burgess, CEO DLC CJMHSA Reinvestment Grant 2014-2017 CJMHSA-001 Packet Page -999- i 0 5/13/2014 16.D2. Telephone: 239-455-8500 All Notices from the Subrecipient to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Housing, Human and Veteran Services County 3327 Tamiami Trail, East Naples,Florida 34112 Attention: Grant Coordinator Telephone: 239-252-4230 Facsimile: 239-252-2638 The Subrecipient and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Contract must be in writing. 22. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Subrecipient or to constitute the Subrecipient as an agent of the County. 23. NO IMPROPER USE. The Subrecipient will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Subrecipient to be objectionable or improper, the County shall have the right to suspend the contract of the Subrecipient. Should the Subrecipient fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Subrecipient further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 24. TERMINATION. Should the Subrecipient be found to have failed to perform his services in a manner satisfactory to the County as per this Contract, the County may terminate said Contract for cause; further the County may terminate this Contract for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Contract, Subrecipient's recovery against the County shall be limited to that portion of the Contract Amount earned through the DLC CJMHSA Reinvestment Grant 2014-2017 CJMHSA-001 Packet Page -1000- 5/13/2014 16.D.2. date of termination. The Subreipient shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 25. NO DISCRIMINATION. The Subrecipient agrees that there shall be no discrimination as to race, sex, color,creed or national origin. 26. INSURANCE. The Subrecipient shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $100,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Professional Liability: Shall be maintained by the Consultant to ensure its legal liability for claims arising out of the performance of professional services under this Contract. Consultant waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and in the aggregate. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Subrecipient during the duration of this Contract. The Subrecipient shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Subrecipient shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Subrecipient from its DLC CJMHSA Reinvestment Grant 2014-2017 CJMHSA-001 ) Packet Page -1001- 5/13/2014 16.D.2. insurer, and nothing contained herein shall relieve Subrecipient of this requirement to provide notice. Subrecipient shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 27. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Subrecipient 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, whether resulting from any claimed breach of this Contract by Subrecipient, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Subrecipient or anyone employed or utilized by the Subrecipient in the performance of this Contract. 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. This section does not pertain to any incident arising from the sole negligence of Collier County. 27.1 The duty to defend under this Article 27 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Subrecipient, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Subrecipient. Subrecipient's obligation to indemnify and defend under this Article027 will survive the expiration or earlier termination of this Contract until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 28. CONTRACT ADMINISTRATION. This Contract shall be administered on behalf of the County by the Housing, Human and Veteran Services Department. 29. CONFLICT OF INTEREST: Subrecipient shall represent 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 hereunder. Subrecipient shall further represents that no persons having any such interest shall be employed to perform those services. 30. 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 DLC CJMHSA Reinvestment Grant 2014-2017 CJMHSA-001 Packet Page-1002- 5/13/2014 16.D.2. III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, 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. 31. COMPLIANCE WITH LAWS. By executing and entering into this Contract, the Subrecipient is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Contract, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3))). If Subrecipient observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Subrecipient to comply with the laws referenced herein shall constitute a breach of this Contract and the County shall have the discretion to unilaterally terminate this Contract immediately. 32. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 33. CONTRACT TERMS. If any portion of this Contract is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Contract shall remain in effect. 34. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Ordinance and Purchasing Procedures. 35. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Contract 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 Contract, the parties shall attempt to resolve the dispute through Mediation before an DLC CJMHSA Reinvestment Grant 2014-2017 CJMHSA-001 Packet Page -1003 5/13/2014 16.D.2. 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, Fla. Stat. 36. VENUE. 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 courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. KEY PERSONNEL/PROTECT STAFFING: The Subrecipient personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Subrecipient shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service. The Subrecipient shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing in advance. The Subrecipient shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 38. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Document, Exhibits A-H and any documents incorporated by reference into any exhibit be reference the terms of the Request for Proposal (RFP)/ITB and/or the Subrecipient's Proposal, Attachments shall take precedence. DLC CJMHSA Reinvestment Grant 2014-2017 CJMHSA-001 Packet Page -1004- ,Ei • 5/13/2014 16.D.2. IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent,have executed this Contract on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY,FLORIDA Dwight E. Brock, Clerk of Courts By: By: Torn Henning,Chairman Dated: (SEAL) David Lawrence Center, Inc. By: ;7 _ First Witness 4gnture jL TType/print witness narnet -;iType/print signature and title 1' Second Witness 1'Type/print witness name't Approved as to Form and Legality: Assistant County Aitney Print Name DLC CJMHSA Reinvestment Grant 2014-2017 CJMHSA-001 Packet Page-1005- 5/13/2014 16.D.2. EXHIBIT A-DEFINITIONS Al Program Specific Terms. A-1.1 Centralized Coordination Program means the program proposed in the Subrecipient's Application,designed to improve centralized coordination among some combination of mental health providers,law enforcement agencies,courts,and other partner agencies,with regard to one or more aspects of substance abuse or mental health services for the target population. A-1.2 Crisis Intervention Team(CIT)means a first responder model that provides law enforcement-based crisis intervention training for assisting individuals with a mental illness experiencing a behavioral healthcare crisis. A-1.3 Centralized Assessment Center(CAC) Program Participant referes to an individual who has been assessed at the CAC for Forensic Reintegration Support Team(FIRST)program eligibility but has not been enrolled. A-1.4 SSIISSDI is the acronym for the Supplemental Security Income and Social Security Disability Insurance programs administered by the United States Social Security Administration. A-1.5 Forensic Reintegration Support Team(FIRST) Program Participants refers to individuals enrolled in Case Management and any other service offered through the FIRST Program. A-1.6 Strategic Plan means a document that is the result of a formal systemic and stakeholder planning process that documents participation by stakeholders;is data and research driven;establishes a path to the accomplishment of prioritized goals and objectives;and describes an intended outcome and measurable targets of achievement,If the Subrecipient participated in Sequential Intercept Mapping,the document produced as a result of that mapping may serve as the strategic plan. A-1.7 Target Population means the selected category of individuals for which the Subrecipient intends to develop and focus grant-related activities,further defined as follows: A-1.7.1 Adults refers to persons age 18 or older who are arrested, or those at-risk of involvement in the criminal justice system, who are high utilizers of emergency or crisis services.Typically,these individuals are poor,experience homelessness,and have chronic health issues, including a mental illness,substance use disorder,or combination thereof.Through repeat encounters with law enforcement,courts,jails, fire Countys,emergency medical services,hospitals,and shelters,they consume a disproportionate amount of health, social services, and criminal justice resources—usually without attaining positive outcomes, Individuals who pose a high public safety risk are excluded, including those with a current charge of murder,sexual assault,or arson. A1-2 Civil Rights Requirements. In accordance with Title VII of the Civil Rights Act of 1964,the Americans with Disabilities Act of 1990, or the Florida Civil Rights Act of 1992,as applicable the Subrecipient shall not discriminate against any employee (or applicant for employment)in the performance of this Contract because of race, color,religion,sex,national origin,disability,age,or marital status. Further, the Subrecipient agrees not to discriminate against any applicant,client, or employee in service delivery or benefits in connection with any of its programs and activities in accordance with 45 CFR, Parts 80, 83, 84, 90,and 91,Title VI of the Civil Rights Act of 1964,or the Florida Civil Rights Act of 1992,as applicable and CFOP 60-16. These requirements shall apply to all contractors, subcontractors,subgrantees or others with whom it arranges to provide services or benefits to clients or employees in connection with its programs and activities, If employing fifteen or more employees,the Subrecipient shall complete the Civil Rights Compliance Checklist, CF Form 946 within 30 days of execution of this Contract and annually thereafter in accordance with CFOP 60-16 and 45 CFR, Part 80. A1.3 Use of Funds for Lobbying Prohibited.The Subrecipient shall comply with the provisions of sections 11.062 and 216.347, F.S., which prohibit the expenditure of contract funds for the purpose of lobbying the Legislature,judicial branch,or a State agency AI.4 Public Entity Crime and Discriminatory Contractors.Pursuant to sections 287.133 and 287.134, F.S.,the following restrictions are placed on the ability of persons placed on the convicted vendor list or the discriminatory vendor list. When a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime,or an entity or affiliate has been placed on the discriminatory vendor list, such person,entity or affiliate may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a bid, proposal,or reply on a contract with a public entity for the construction or the repair of a public building or public work; may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity;provided,however,that the prohibition on persons or affiliates placed on the convicted vendor shall be 7,.,1 DLC CJMHA Reinvestment Grant 2014 Packet Page 1006 Contract No CJMHSA-001 5/13/2014 16.D.2. limited to business in excess of the threshold amount provided in section 287.017, F.S.,for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list A1-5 Whistleblower's Act Requirements. In accordance with subsection 112.3187(2), F.S.,the Subrecipient and its subcontractors shall not retaliate against an employee for reporting violations of law, rule,or regulation that creates substantial and specific danger to the public's health, safety,or welfare to an appropriate agency. Furthermore, agencies or independent contractors shall not retaliate against any person who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds,or any other abuse or gross neglect of duty on the part of an agency,public officer, or employee.The Subrecipient and any subcontractor shall inform its employees that they and other persons may file a complaint with the Office of Chief Inspector General, Agency Inspector General,the Florida Commission on Human Relations or the Whistle-blower's Hotline number at 1-800-543-5353 A1-6 Support to the Deaf or Hard-of-Hearing. A1-6.1 Where direct services are provided,the Subrecipient and its subcontractors shall comply with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as implemented by 45 CFR Part 84(hereinafter referred to as Section 504),the Americans with Disabilities Act of 1990,42 U.S.C. 12131,as implemented by 28 CFR Part 35(hereinafter referred to as ADA), and the Children and Families Operating Procedure(CFOP)60-10,Chapter 4,entitled "Auxiliary Aids and Services for the Deaf or Hard-of-Hearing." A1-6.2 If the Subrecipient or any of its subcontractors employs 15 or more employees,the Subrecipient shall designate a Single-Point-of- Contact(one per firm)to ensure effective communication with deaf or hard-of-hearing customers or companions in accordance with Section 504 of the ADA,and CFOP 60-10, Chapter 4.The Provider's Single-Point-of-Contact and that of its Subcontractors will process the compliance data into the County's HHS Compliance reporting Database by the 5th business day of the month,covering the previous month's reporting, and forward confirmation of submission to the Contract Manager.The name and contact information for the Provider's Single-Point-of-Contact shall be furnished to the County's Grant or Contract Manager within 14 calendar days of the effective date of this requirement. Al-6.3 The Subrecipient shall,within 30 days of the effective date of this requirement,contractually require that its subcontractors comply with Section 504,the ADA,and CFOP 60-10,Chapter 4.A Single-Point-of-Contact shall be required for each subcontractor that employs 15 or more employees. This 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 Provider's Single-Point-of- Contact. A1.6.4 The Single-Point-of-Contact shall ensure that employees are aware of the requirements, roles&responsibilities, and contact points associated with compliance with Section 504,the ADA, and CFOP 60-10, Chapter 4. Further, employees of providers and their subcontractors with 15 or more employees shall attest in writing that they are familiar with the requirements of Section 504,the ADA, and CFOP 60-10, Chapter 4. This attestation shall be maintained in the employee's personnel file, A1-6.5 The Provider's Single-Point-of-Contact will ensure that conspicuous Notices which provide information about the availability of appropriate auxiliary aids and services at no-cost to the deaf or hard-of-hearing customers or companions are posted near where people enter or are admitted within the agent locations. Such Notices must be posted immediately by The Subrecipient and its subcontractors. The approved Notice can be downloaded through the Internet at:http:l/www.myflfamilies.com/about-us/services-deaf-and-hard- hearing/dcf-posters. A1-6.6 The Subrecipient and its subcontractors shall document the customers or companion's preferred method of communication and any requested auxiliary aids/services provided in the customers record. Documentation,with supporting justification, must also be made if any request was not honored.The Subrecipient shall distribute Customer Feedback forms to customers or companions, and provide assistance in completing the forms as requested by the customer or companion. A1.6.7 If customers or companions are referred to other agencies, the Subrecipient must ensure that the receiving agency is notified of the customer's or companion's preferred method of communication and any auxiliary aids/service needs. A1.6.8 The County requires each contract/subcontract Subrecipient agency's direct service employees to complete Serving our Customers who are Deaf or Hard-of-Hearing and sign the Attestation of Understanding. Direct service employees performing under this DLC CJMHA Reinvestment Grant 2014 Packet Page-1007- Contract No. CJMHSA-001' y) 5/13/2014 16.D.2. Contract will also print their certificate of completion,attach it to their Attestation of Understanding,and maintain them in their personnel file, Al-7 PRIDE.Articles which are the subject of or are required to carry out this Contract shall be purchased from Prison Rehabilitative Industries and Diversified Enterprises, Inc., (PRIDE)identified under Chapter 946,F.S.,in the same manner and under the procedures set forth in subsections 946.515(2) and(4), F.S. For purposes of this Contract,the Subrecipient shall be deemed to be substituted for the County insofar as dealings with PRIDE.This clause is not applicable to subcontractors unless otherwise required by law.An abbreviated list of products/services available from PRIDE may be obtained by contacting PRIDE,(800)643-8459. Al-8 Recycled Products.The Subrecipient shall procure any recycled products or materials,which are the subject of or are required to carry out this Contract, in accordance with the provisions of sections 403.7065, F.S. A1-9 Employment Screening. Al-9.1 The Subrecipient shall ensure that all staff utilized by the Subrecipient and its subcontractors that are required by Florida law to be screened in accordance with chapter 435, F.S.,are of good moral character and meet the Level 2 Employment Screening standards specified by sections 435.04, 110.1127, and subsection 39.001(2), F.S.,as a condition of initial and continued employment that shall include but not be limited to: a. Employment history checks; b.Fingerprinting for all criminal record checks; c.Statewide criminal and juvenile delinquency records checks through the Florida County of Law Enforcement(FDLE); d.Federal criminal records checks from the Federal Bureau of Investigation via the Florida County of Law Enforcement; and e. Security background investigation,which may include local criminal record checks through local law enforcement agencies. f.Attestation by each employee,subject to penalty of perjury,to meeting the requirements for qualifying for employment pursuant to chapter 435 and agreeing to inform the employer immediately if arrested for any of the disqualifying offenses while employed by the employer. A1-9.2 The Subrecipient shall sign an affidavit each State fiscal year for the term of the contract stating that all required staff have been screened or the Subrecipient is awaiting the results of screening DLC CJMNA Reinvestment Grant 2014 Contract No. CJMNSA-001 (;9 Packet Page -1008- 5/13/2014 16.D.2. EXHIBIT B •SCOPE OF WORK B-1 Scope of Service. This is a three-year Contract,pursuant to the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant established under authority of sections 394.656 through 394.6591, F.S. Under this Contract, the David Lawrence Center,will operate a Centralized Assessment Center(CAC)and provide services by a Forensic Reintegration Support Team (FIRST),a coordinated jail reintegration team for arrestees with mental illness and substance abuse problems designed to decrease the likelihood of re-arrest. B-2 The Subrecipient shall conduct all activities supported by this Contract in accordance with the application,dated November 26, 2013, in response to the County of Children and Families Request for Applications-Grant#LHZ02-Amended,dated October 2013. Both the Collier County application and the Request for Applications are hereby incorporated by reference and shall be maintained in the official files. B-3 Major Grant Objectives. 8-3.1 The Subrecipient shall create a Centralized Coordination Program within eight months of the execution of this Contract. B-3.2 The Subrecipient shall assure that individuals and entities who will be working with the Target Population are adequately trained in identifying or delivering recovery-oriented services. B-3.3 The Subrecipient shall endeavor to increase access to mental health treatment,substance abuse treatment or mental health and substance abuse prevention services for program participants identified as the Target Population. B-3.4 The Subrecipient shall provide individualized services to engage and motivate participants in the Target Population to improve their lives and avoid incarceration. B-4 Service Area, Locations and Times. B-4.1 Service Area. The Subrecipient shall provide services within Collier County, Florida. B-4.2 Service Delivery Locations. 8.4.2.1 The Subrecipient's administrative offices shall be located at the address specified in Section 1.3 of this Contract. 8.4.2,2 The Subrecipient's programmatic offices shall be located at:6075 Bathey Lane, Naples, FL 34116. B.4.2.3 The Subrecipient's primary program site for CAC services shall be located at: David Lawrence Center, 6075 Bathey Lane, Naples, FL 34116. 8-4.3 Service Times.Services shall be provided, at a minimum,between the hours of 8:00 a.m.to 5:00 p.m., Monday through Friday, Eastern Time except for state-recognized holidays. Changes in service times and any additional holidays that the Subrecipient wants to observe shall be approved in writing by the County. B-4.4 Changes in Location. The Subrecipient shall notify the County in writing a minimum of one week prior to making changes in office location or any changes that will affect the County's ability to contact the subrecipient by telephone,facsimile,or email. 8-5. Clients to be Served. The Target Population for services under this program is adults with substance abuse and mental health disorders who reside in Collier County. B-6. Client Determination. The Subrecipient and its designated partner are jointly responsible for the determination of appropriate program participants under this Contract, B-7. Equipment, in accordance with the terms of the Subrecipient's application, the Subrecipient shall be responsible for supplying all equipment necessary to perform and complete the services described herein including but not limited to computers, telephones,copier and fax machine,supplies and maintenance. B-8. Contract Limits. B-8.1 The total funds awarded under this Contract shall not exceed $367,140.80 over the lifetime of this Contract. B-8.2 The total funds awarded for each program year under this Contract shall not exceed ' DLC CJMHA Reinvestment Grant 2014 Packet Page 1009- Contract No. CJMHSA-001 , ;<; 5/13/2014 16.D.2. B.8.2.1 $113,713.60 in program year 1; 8.8.2.2 $121,713.60 in program year 2; and B.8.2.3 $131,713.60 in program year 3. DLC CJMHA Reinvestment Grant 2014 Contract No. CJMHSA-001 r 7 Packet Page -1010- 5/13/2014 16.D.2. EXHIBIT C-TASK LIST The Provider shall perform all functions necessary for the proper delivery of services including, but not limited to,the following: C-1 Service Tasks. C-1.1 To support Objective B-3.1,the Subrecipient shall implement a Centralized Coordination Program and FIRST services through the CAC at David Lawrence Center no later than November 30,2014.The CAC will enhance the efficiency and effectiveness of CIT training to law enforcement officer sseeking to divert individuals from arrest,incarceration,or prosecution .The CAC will host a FIRST team providing coordinated jail reintegration team to arrestees with mental illnesses and substance abuse problems in order to decrease the likelihood of re-arrest. To achieve these program outcomes,the Subrecipient shall: C-1.1.1 Establish a Memorandum of Understanding(MOU)with all participating law enforcement agencies(city, county, local municipalities)outlining the transportation plan,roles,and responsibilities of each agency; C-1.1.2 Establish a MOU with the local Homeless Coalition outlining planning strategies and available housing alternatives (e.g. low demand,veterans,transitional,permanent,etc.)in the community; C-1.1.3 Ensure an ongoing collaborative relationship between the Centralized Coordination Program and law enforcement,judicial personnel,families, and consumers of substance abuse and mental health services, and substance abuse and mental health providers through daily activities and the oversight of the Public Safety Coordinating Council over the lifetime of this Contract. C-1.2 To support Objective B-3.2, the Subrecipient shall participate in training in the principles of Crisis Intervention Teams (CIT) and evidenced based practices, and engage families and other natural supports to reduce the likelihood of subsequent crises. To achieve these Program outcomes,the Subrecipient shall: C-1.2.1 Ensure that all FIRST Team members,as applicable, are trained in evidence-based practices appropriate to the needs of each team member's job description. Examples of appropriate evidence based-practices include Moral Reconation Therapy,Motivational Interviewing, Supportive Housing, Supportive Employment, SOAR(SS!, Outreach, Access, and Retention),and Certified Recovery Specialist;and C-1.3 To support Objectives B-3.3,the Subrecipient shall work with the agencies involved in the Centralized Coordinating Program to ensure that program participants are receiving coordinated SAMH services designed to decrease the likelihood of criminal activity and contact with the criminal justice systeml. To achieve these Program outcomes, the Subrecipient shall: C-1.3.1 Provide timely and effective screening,assessment and referral to services to participants in the Target Population at the CAC and at the CCSO jail; C-1.3.2 Provide intensive individualized substance abuse treatment and recovery services by the FIRST team to arrestees returning to the community which C-1.3.2.1 Ensure that CIT trained officers access the CAC and FIRST as alternatives to arrest as a diversionary tool; C-1.3,2.2 Enhance the FIRST team by adding substance abuse as primary issue as program inclusion criteria; C-1.3.2.3 Maintain a FIRST team to participant ratio of 1:20 or lower, ensuring those with more needs receive the most intensive assistance; and C-1.3.2.4 Provide effective,evidence-based transition-planning,treatment and ancillary supports to ensure best possible clinical and social outcomes and reduce arrests. C-1.3.3 Conduct annual Planning Council meetings to review and revise the strategic plan based on current system gaps. C-1.4 To support Objective 8-3.4,the Subrecipient shall ensure individualized services to engage and motivate individuals in the Target Population to improve their lives and avoid incarceration.To achieve this program outcome,the Subrecipient shall: DLC CJMHA Reinvestment Grant 2014 Packet Page -1011- Contract No. CJMHSA-001 rt_,\3 5/13/2014 16.D.2. C-1.4.1 Incorporate the following evidence-based practices into FIRST team service delivery C-1.4.1.1 Motivational Interviewing strategies to engage and motivate participants to improve their life situations; C-1.4.1.2 Supported Employment and Supported Housing evidence-based practices to help participants meet personal goals and participate fully in the life of the community;and C-1.4.1.3 FIRST Team will link participants with disability benefits through SOAR, as well as to social and natural supports. C-2 Administrative Tasks C-2.1 Staffing.The Subrecipient shall assign and maintain the following staff,as detailed in the Subrecipient's application,and supported by this Contract to accomplish the Major Grant Objectives specified in Exhibit B and Service Tasks specified in Exhibit C: C-2.1.1 The following subcontract or sub-Subrecipient staff supported by this Contract through the David Lawrence Center: C-2.1.1.1 FIRST team staff to include: C-2.1.1.1.1 1,0 FTE Case Manager; C-2,1.1.1.2 0.5 FTE Master's Level Mental Health Counselor;and C-2.1.1.1.3 1,0 FTE Supportive Living, Employment and Life Skills Coach. C-2.1.2 Professional Qualifications.The Subrecipient shall ensure all program staff assigned maintain all applicable minimum licensing, accreditation,training and continuing education requirements required by state and federal laws or regulations for their assigned duties and responsibilities. C-2.2 Subcontracting. C-2.2.1 Without express written advance authorization by the County,the Subrecipient shall not award subcontracts or sub-grants to any other individuals or organizations;nor shall it transfer, reassign or otherwise give responsibility for the implementation of any services funded by this Contract. C-2.2.2 The Subrecipient shall require all subcontractors or sub-Subrecipients at any tier level to comply with the E- Verify clause subject to the same requirements as the Subrecipient. C-2.2.3 The Subrecipient shall be responsible for coordinating expenditures made by subcontractors and sub- Subrecipients.The Subrecipient shall ensure funds dispersed to subcontractors and sub-Subrecipients are expended for the purposes intended and that a full accounting for these grants funds is made. C-2.2.4 The Subrecipient shall be responsible for service delivery,monitoring and quality assurance of all subcontracts or sub-grants entered into by the Subrecipient under this Contract. C-2.2.5 The Subrecipient shall include in all subcontract or sub-Contracts:a detailed scope of work; clear and specific deliverables;performance standards;sanctions for nonperformance;programmatic monitoring requirements;fiscal monitoring requirements; detailed documentation requirements, and the substance of all clauses in the Standard Contract that mention or describe subcontract compliance. C-2.3 Records and Documentation. C-2.3.1 The Subrecipient shall retain all financial records,supporting documents,statistical records and any other documents,whether kept by electronic storage media or otherwise, for a period of not less than six years after the starting date of this Contract. If audit findings have not been resolved at the end of the six year period, the records shall be retained until resolution of the audit findings. State auditors and any persons authorized by the County shall have full access to, and shall have the right to examine any materials at any time during regular business hours. C-2.3.2 The Subrecipient shall provide data and other information requested by the CJMHSA Grant Technical Assistance Center(TAC)at the Louis de la Parte Florida Mental Health Institute of the University of South Florida to enable TAC to perform statutory duties established in the authorizing legislation. DLC CJMHA Reinvestment Grant 2014 Packet Page 1012- Contract No. CJMHSA-001 5/13/2014 16.D.2. C-2.3.3 The Subrecipient shall protect confidential records from disclosure and protect participants'confidentiality in accordance with s.397.501(7), F.S. C-2.3.4 Unless otherwise specified in Section C-2.5, all correspondence, reports, records and documentation may be maintained and provided to the County electronically. C-2.3.5 The Subrecipient shall maintain,and shall ensure all partner agencies maintain records and documentation including, but not limited to,the following: C-2.3.5.1 Draft reports,final reports, meeting notes, telephone logs; C-2.3.5.2 Executed subcontract or sub-Contracts and any amendments,invoices and supporting documentation,expenditure reports,and deliverables; C-2,3,5.3 Documentation of time worked for each staff paid in whole or in part with these Contract funds; C-2.3.5,4 Travel logs and requests for reimbursement for staff travel; C-2.3,5.5 Employment screening results for each staff who meets the requirements to be screened for employment. C-2.3.6 All records and documentation pertaining to this Contract shall be sent to the County upon request and shall be available to the County for inspection at any time. C-2,4 Reports. C-2.4.1 All tasks and activities under this Contract shall be documented in the following reports. C-2.4.1.1 Quarterly Program Status Report. A detailed report of the services and activities performed in the previous three months and the progress of the program in meeting the performance measures, goals, objectives, and tasks described in the Subrecipient's application and as specified in this contract in section D.4. and E.1. The County will provide the template needed to file this report. C-2.4.1.2 Monthly Program Status Report. A detailed report of the services and activities performed in the previous month and the progress of the program in meeting the performance measures,goals, objectives,and tasks described in the Subrecipient's application and as specified in this contract in section D.4. and E.1.The County will provide the template needed to file this report. C-2.4.1.3 Quarterly Financial Report.A detailed report of expenditures for the previous three months associated with this Contract..The report must reconcile these expenditures with the payments made by the County.The Subrecipient is encouraged to use this report for expenditure planning and projection.The report must be submitted in hard or electronic copy. The County will provide the template needed to file this report. C-2,4.1.4 Final Program Status Report.A detailed report of the services or activities performed for the entire term of the Contract and the status of the meeting the performance measures,goals, objectives, and tasks described in the Subrecipient's application and the terms of this Contract. C-2.4.1.5 Final Financial Report. A detailed report documenting the expenditure of funds provided by this Contract and compliance with the statutory county match requirement. The report must be submitted in hard or electronic copy. C-2.4.2 Reporting Schedule. The Subrecipient shall submit reports in accordance with the reporting schedule in Table 1. Table 1. Reporting Schedule Report Name Due Date Address to Receive Reports Quarterly Program Status 511'day of the month following the County Housing, Human and Report quarter of program services or activities Veteran Services Monthly Program Status .5!n day of the month following the f _ DLO CJMHA Reinvestment Grant 2014 Packet Page-1013- Contract No. CJMHSA-001 (,4'< 5/13/2014 16.D.2. Reports quarter of program services or activities Attention:TBD Grant Coordinator Quarterly Financial Report 51h day of the month following the quarter of program services or activities Final Program Status No later than 30 days following the Report ending date of the Contract. Final Financial Report No later than 30 days following the ending date of the Contract. C-2.4.3 Additional Reporting Requirements.The Subrecipient shall provide additional reporting pertaining to the services and activities rendered should the County determine this to be necessary. C-2.5 Standard Contract Requirements. Provider will perform all acts required by Contract. C-2.6 Client Risk Prevention. In accordance with the client risk prevention system,the Subrecipient shall report those reportable situations listed in CFOP 215-6 in the manner prescribed in CFOP 215-6. The Subrecipient shall immediately report any knowledge or reasonable suspicion of abuse, neglect,or exploitation of a child,aged person,or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number(1-800-96ABUSE). As required by Chapters 39 and 415, F.S.,this provision is binding upon both the Subrecipient and its employees. C-2.7 Emergency Preparedness Plan. C-2.7.1 if the tasks to be performed pursuant to this Contract include the physical care or supervision of clients,the Subrecipient shall,within 30 days of the execution of this Contract, submit an emergency preparedness plan which shall include provisions for records protection,alternative accommodations for clients in substitute care,supplies,and a recovery plan that will allow the Subrecipient, its subcontractors or sub-Subrecipients to continue functioning in compliance with the executed Contract in the event of an actual emergency. C-2.7.2 No later than twelve months following the County's original acceptance of a plan and every twelve months thereafter,the Subrecipient shall submit a written certification that it has reviewed its plan,along with any modifications to the plan,or a statement that no modifications were found necessary. DLC CJMHA Reinvestment Grant 2014 Packet Page -1014- Contract No. CJMHSA-001 ;' 5/13/2014 16.D.2. EXHIBIT D—DELIVERABLES D-1. Service Units. D-1.1 A service unit is one month of combined FIRST services, CAC services as described in the Subrecipient's Application and summarized in Table 2. D-2. Service Targets.Over the lifetime of this Contract,the Subrecipient shall attain the service targets described below and summarized in Table 2. D-2.1 The Subrecipient shall deliver FIRST services to a total of 270 FIRST Program participants. 0-2.2 The Subrecipient shall deliver Central Assessment Center(CAC)services to a total of 3,600 CAC Program participants. Table 2.Service Summary Target#of Participants Program Program Program Program Service Target #Units Duration Year 1 Year 2 Year 3 Lifetime 6/1/14— 6/1/15— 6/1/16— 6/1/14- 3/31/15 3/31/16 3/31/17 3/31117 D-2.1 12 One Calendar Quarter 90 90 90 270 FIRST Services D-2.2 12 One Calendar Quarter 1,200 1,200 1,200 3,600 CAC Services 0-3. Deliverables.The Subrecipient shall demonstrate satisfactory progress towards each lifetime service target in Section D-1 through submission of data reporting in each Monthly and Quarterly Program Status Report specified in Section C-2.4. D-4. Performance Measures for acceptance of Deliverables. D-4.1 During the first program year,satisfactory progress toward Service Target 0-2.1 shall be demonstrated by: D-4.1.1 100%completion of tasks C-1.1.1 and C-1.1.2 during the first quarter of the program year;and D-4.1.2 Services under task C-1.1.3,provided to, at a minimum,: D-4.1.2.1. 20%of the program year target by the end of the second quarter; D-4.1.2.2. 60%of the program year target by the end of the third quarter; and 0-4.1.2.3. 80%of the program year target by the end of the fourth quarter. D-4.2 During the second and third program years,satisfactory progress toward Service Target D-2.1 shall be demonstrated by services under task C-1.1.3 provided to, at a minimum: 0-4.2.1 20%of the program year's target by the end of the first quarter; 0-4.2.2 40%of the program year's target by the end of the second quarter; 0.42.3 60%of the program year's target by the end of the third quarter;and 0-4.2.4 80%of the program year's target by the end of the fourth quarter. DLC CJMHA Reinvestment Grant 2014 Packet Page -1015- Contract No. CJMHSA-001 5/13/2014 16.D.2. D-4.3 The target numbers reflected in the table are to be achieved collectively by all three subrecipients each quarter. In the event the Subrecipient fails to achieve the minimum performance measures in sections D-4.1 through D-4.2,the County may apply financial consequences. DLC CJMHA Reinvestment Grant 2014 Packet Page -1016- Contract No. CJMHSA-001 1} 5/13/2014 16.D.2. EXHIBIT E—MINIMUM PERFORMANCE MEASURES E-1. Minimum Performance Measures. The following minimum qualitative performance measures are established pursuant to Section 4 of the Contract and shall be maintained during the term of this Contract and reported monthly. E-1.1 50% reduction of re-arrests among Program participants in the adult criminal justice systems. E-1.2 100%of Program participants that receive increased access to services in comprehensive recovery based mental health and/or substance abuse treatment services that are community based. E-1.3 80%change from admission to re-entry into the community of Program participants who reside in a stable housing environment. E-1.4 80%increase of eligible Program participants linked to social security benefits through SOAR-trained CPRS or other FIRST team members. E-2. Performance Evaluation Methodology.The County will monitor the Subrecipient's performance in achieving the standards in section E-2 according to the following methodology: E-2.1 For the measure in section E-1.1,the total number of arrests among participants within one year post program admission DIVIDED BY the total number of arrests among program participants one year prior to program admission shall be LESS THAN OR EQUAL TO 50%, E-2.2 For the measure in section E-1.2,the total number of program participants reporting that they have received increased access to comprehensive recovery based mental health and/or substance abuse treatment services that are community based in the one year period post program admission DIVIDED BY the total number of program participants reporting that they have received access to comprehensive recovery based mental health and/or substance abuse treatment services that are community based prior to program admission shall be EQUAL TO 100%. E-2.3 For the measure in section E-1.3, the total number of program participants reporting that they reside in a stable housing environment in the one year period post program admission DIVIDED BY the total number of program participants reporting that they were not residing in a stable housing environment prior to program admission shall be GREATER THAN OR EQUAL TO 80%. E-2.4 For the measure in section E-1.4,the total number of program participants who were eligible for, but not receiving,social security or other benefits at program admission who are linked to such benefits after admission DIVIDED BY the total number of program participants who were eligible for, but not receiving, those benefits at program admission shall be GREATER THAN OR EQUAL TO 80%. DLC CJMHA Reinvestment Grant 2014 Packet Page-1017- Contract No. CJMHSA-Of 5/13/2014 16.D.2. EXHIBIT F-METHOD OF PAYMENT F-1 This is a cost reimbursement Contract. The County will pay the Subrecipient for the delivery of service provided in accordance with the terms of this Contract and the project budget,subject to the availability of funds. F-2 The County shall reimburse funds to the Subrecipient according to the schedule in the table below. F-3 Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between budget categories and line items shall not be more than 10%and does not signify a change in scope. Fund shifts that exceed 10%of budget category or line item shall only be made with board approval. Program Period Activity Amount Personnel j $73,305.60 Travel $6,408.00 ._...._-------_-1__-------------- - _.-...J Program Year 1 Equipment _� _ $2,000.00 _. _J Incidental I $20,000.00 Expenses Program $12,000.00 Evaluator Personnel $73,305.60 Program Year 2 ----Travel $6,408.00 Incidental $30,000.00 -- ---_ Expenses Program $12,000.00 Evaluator Personnel $73,305.60 Program Year 3 --Travel —__$6,408.00 Incidental $40,000,00 _------------_._.— Expenses _-____ Program $12,000.00 Evaluator i........--_._.__,. — CONTRACT TOTAL $367,140_80 F-4 The Subrecipient shall request reimbursement by submission of a properly completed invoice(Exhibit G) and submission of all supporting documentation no later than the 5th day of the month following service provision, accompanied by the corresponding monthly performance reports and any other deliverable report due for the period of the invoice. F-5 The County shall approve reimbursement requests following receipt of documentation of compliance with the Performance Measures for Acceptance of Deliverables in section D-4 and Minimum Performance Measures E-1. F-5.1 The County shall withhold 10%from each reimbursement request upon satisfactory completion of program lifetime performance targets and completion of the county closeout monitoring,the County shall release the remaining funds held throughout the term of the agreement, less any funds retained for failure to achieve a performance target. DLC CJMHA Reinvestment Grant 2014 Contract No. CJMHSA-00 Packet Page -1018- 5/13/2014 16.D.2. F-5.2 If the Subrecipient does not meet the same performance measure for six or more consecutive months, the County shall apply a 10%penalty for all payments made to date. Corrective action plans required and may result in a reduction in future funding under this Contract,at the County's sole discretion. F-6 The Subrecipient shall submit a final invoice for payment no later than 30 days after the expiration of this Contract or after this Contract is terminated. Failure to do so will result in a forfeiture of all right to payment and the County shall not honor any requests submitted after the aforesaid time period.Any payment due under the terms of this Contract will be withheld until the Final Program Status Report and Final Financial Report are submitted, and the Close Out Monitoring is completed and approved by the County. F-7 The Subrecipient shall provide match funds in accordance with the schedule in the table below: Program Period l Amount j Program Year 1I $120,688.741 Program Year 2 1 $110,688.74_�I Program Year 3 1 $100,688.74 I MATCH TOTAL$ _I F-8 The County shall reimburse the SUBRECIPIENT for the performance of this Contract upon completion or partial completion of the work tasks as accepted and approved by HHVS. SUBRECIPIENT may not request disbursement of CJMHSA funds until funds are needed for eligible costs,and all disbursement requests must be limited to the amount needed at the time of request, Invoices for work performed are required every month, SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this contract. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Contract, No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with§218,70,Florida Statutes, otherwise known as the"Local Government Prompt Payment Act." i s DLC CJMHA Reinvestment Grant 2014 Packet Page 1019- Contract No. CJMHSA-00' 5/13/2014 16.D.2. EXHIBIT"G" COLLIER COUNTY HOUSING,HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: David Lawrence Mental Health Center Sub recipient Address: 6075 Bathey Lane Naples, Florida 34116 Project Name: Criminal Justice Reinvestment Grant FY 2014-2017 Project No: CJMHSA-001 Payment Request 4 Dollar Amount Requested: $ Date Period of Availability: Period for which Agency has incurred indebtedness: through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $367,140.80 1 Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount of Today's Match $ 6. 10% of Retainage`'Withheld $ 7. Amount of Today's Request $ 8. Current Grant Balance(Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Contract between the COUNTY and us, To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator — DATE Supervisor Date (approval authority under$14,999) Dept Director (approval required $15.000 and above) DLC CJMHA Reinvestment Grant 2014 Contract No. CJMHSA-00' Packet Page -1020- 5/13/2014 16.D.2. EXHIBIT H ANNUAL AUDIT MONITORING REPORT OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our subrecipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Subrecipient David Lawrence Mental Health Center Fiscal Year Name Period Total State Financial Assistance Expended during $ most recently completed Fiscal Year Total Federal Financial Assistance Expended during most $ recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as indicated above and have completed our Circular A-133 audit. A copy of the audit report and management letter are attached. We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as indicated above and expect to complete our Circular A-133 audit by . Within 30 days of completion of the A-133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A-133 because we: Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above Are a for-profit organization Are exempt for other reasons —explain An audited financial statements is attached and if applicable, the independent auditor's management letter. (If findings were noted, please enclose a copy of the responses and corrective action plan.) Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Packet Page -1021- 5/13/2014 16.D.2. AGREEMENTCTMHSA-003 For Criminal Justice Mental Health Substance Abuse Reinvestment Grant THIS CONTRACT, made and entered into on this 13th day of May 2014, by and between NAMI of Collier County authorized to do business in the State of Florida, whose business address is 6216 Trail Blvd Bldg C Naples, Florida 34108, the "Subrecipient" and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: NOW, THEREFORE, in consideration of the mutual covenants and obligations herein, the Parties agree as follows: 1. CONTRACT DOCUMENT This contract is composed of Sections 1 through 38 hereof, as well as Exhibits A-H and any exhibits referenced in said attachments, together with any documents incorporated by reference, which contain all the terms and conditions agreed upon by both parties. 2. CONTRACT TERM Services of the SUBRECIPIENT shall start on the 1st day of June, 2014 and end on the 31st day of March, 2017. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period 3. STATEMENT OF WORK The Subrecipient shall provide in accordance with the terms and conditions of Criminal Justice Mental Health and Substance Abuse Reinvestment Grant Application and the Subrecipient's proposal referred to herein and made an integral part of this Contract. This Contract contains the entire understanding between the parties and any modifications to this Contract shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procedures in effect at the time such services are authorized. The Subrecipient shall perform all tasks and provide units of deliverables, including reports, findings, drafts, as specified in this Contract. These deliverables must be received and accepted by the Grant Coordinator in writing prior to processing pay requests, subject to audit and review and to the satisfaction of the County. The NAM1 CJMHSA Reinvestment Grant 2014-20I7 CJMHSA-003 • Packet Page -1022- 5/13/2014 16.D.2. County's determination of acceptance shall be conclusive. The County's receipt of reports and other submissions by the Subrecipient does not constitute acceptance thereof. 4. PERFORMANCE MEASURES 4.1 Performance Measures for Acceptance of Deliverables. The performance measures for the acceptance of deliverables are set forth in Exhibit D and E. 4.2 Minimum Performance Measures. To avoid termination the Subrecipients performance must meet the minimum performance standard set forth in Exhibit D and E. By execution of this contract the Subrecipient acknowledges and agree that its performance under the Contract must meet these Minimum Performance Measures and that it will be bound by the conditions set forth therein. If the Subrecipient fails to meet these standards, the County, at its exclusive option, may allow a reasonable period, not to exceed 2 quarters, for the Subrecipient to correct performance deficiencies. If performance deficiencies are not resolved, the County at its discretion may terminate the Contract and request repayment of any or all payments made prior. 5. THE CONTRACT SUM The County shall pay Subrecipient for the performance of this Contract a maximum amount of One Hundred Six Thousand Six Hundred Eighty Six ($106,686.00), based on the cost set forth in the Subrecipients budget Exhibit F. The County's performance and obligation to pay under this Contract is contingent upon the County's contract with the Department of Children and Families Contract and annual appropriation by the Legislature and the Board of County Commissioners. 6. PAYMENT Payment will be made upon receipt of a proper invoice and supporting documentation and upon approval by the Grant Coordinator or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act" and in accordance with Exhibit F. 6.1 Generally. The subrecipient shall submit bills for fees or other compensation for services or expenses in sufficient detail to conduct a pre-audit and post-audit. Where itemized travel expense is permitted in this Contract, the Subrecipient shall submit any bills or any travel expenses in accordance with F.S. 112.061 and Children and Families Operating Procedure 40-1, or at such lower rates as may be provided in this Contract. 6.2 Final Invoice. Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within thirty (30) days after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal NAMI CJMHSA Reinvestment Grant 2014-20I7 CJMHSA-003 ( ' Packet Page -1023- 5/13/2014 16.D.2. doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Contract. 6.3 Travel Expenses Travel Expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates and in accordance with FS: Mileage $0.445 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than$100.00 per night Parking Actual cost of parking Taxi Actual cost of either taxi 6.4 Reimbursable Expenses/Budget. Reimbursable items other than travel expenses shall be limited to the following items as detailed in Exhibit F. All reimbursable items will be paid only after Subrecipient has provided all receipts. Subrecipient shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Contract. 7. INDEPENDANT CONTRACTOR, SUBCONTRACTING, AND ASSIGNMENT 7.1 In performing its obligations under this Contract, the Subrecipient shall at all times be acting in the capacity of an independent contractor and not as an officer, employee, or agent of the State of Florida or the County, except where the Subrecipient is a State agency. Neither the Subrecipient nor any of its agents, employees, subcontractors or assignees shall represent to others that it is an agent of or has the authority to bind the County by virtue of this Contract, unless specifically authorized in writing to do so. This Contract does not create any right in any individual to State or County retirement,leave benefits or any other benefits of State employees as a result of performing the duties or obligations of this Contract. 7.2 The Subrecipient shall take such actions as may be necessary to ensure that it and each subcontractor of the Subrecipient will be deemed to be an independent contractor and will not be considered or permitted to be an officer, employee, or agent of the NAM] C.TMHSA Reinvestment Grant 2014-2017 CJMHSA-003 Packet Page-1024- 5/13/2014 16.D.2. State of Florida. The County will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical support) to the Subrecipient, or its subcontractor or assignee, unless specifically agreed to by the County in this Contract. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all necessary insurance for the Subrecipient, the Subrecipient's officers, employees, agents, subcontractors, or assignees shall be the sole responsibility of the Subrecipient and its subcontractors. The parties agree that no joint employment is intended and that, regardless of any provision directing the manner of provision of services, the Subrecipient and its subcontractors alone shall be responsible for the supervision, control, hiring and firing, rates of pay and terms and conditions of employment of their own employees. 7.3 The Subrecipient shall not assign its responsibilities under this Contract to another party, in whole or part, without prior written approval of the County, upon the County's sole determination that such assignment will not adversely affect the public interest. No payment shall be made under this Contract to any factor or other person who has been assigned or transferred the right to receive payment in lieu of or on behalf of the Subrecipient except upon full and faithful performance of the Subrecipient's duties hereunder. Any assignment or transfer occurring without prior approval of the County shall be null and void. The Subrecipient shall not subcontract for any of the work contemplated under this Contract without prior written approval of the County, which shall not be unreasonably withheld. 7.4 The County shall at all times be entitled to assign or transfer, in whole or part, its rights, duties, or obligations under this Contract to another governmental agency in the State of Florida or to a Subrecipient of the County's selection, upon giving prior written notice to the Subrecipient. In the event of assignment by either party, this Contract shall remain binding upon the lawful successors in interest of the Subrecipient and the County. 7.5 The Subrecipient is responsible for all work performed and for all commodities produced pursuant to this Contract whether actually furnished by the Subrecipient or by its subcontractors. Any subcontracts shall be evidenced by a written document. The Subrecipient further agrees that the County shall not be liable to the subcontractor in any way or for any reason relating to this Contract. 7.6 The Subrecipient shall include, in all subcontracts (at any tier) the substance of all clauses contained in this Contract that mention or describe subcontract compliance, as well as all clauses applicable to that portion of the Subrecipient's performance being performed by or through the subcontract 8. SUBRECIPIENT INDEMNITY Section 19 of PUR 1000 Form shall apply per its terms, except that the phrase "arising from or relating to personal injury and damage to real or personal tangible property" in the first NAMI CJMHSA Reinvestment Grant 2014-2017 CJMHSA-003 Packet Page -1025- 5/13/2014 16.D.2. paragraph is replaced with"arising out of or by reason of the execution of this Contract or arising from or relating to any alleged act or omission by the Subrecipient, its agents, employees, partners, or subcontractors in relation to this Contract," and the following additional terms will also apply: 8.1 If the Subrecipient removes an infringing product because it is not reasonably able to modify that product or secure the County the right to continue to use that product, the Subrecipient shall immediately replace that product with a non-infringing product that the County determines to be of equal or better functionality or be liable for the County's cost in so doing. 9. INTELLECTUAL PROPERTY It is agreed that all intellectual property, inventions,written or electronically created materials, including manuals, presentations,films, or other copyrightable materials, arising in relation to Subrecipient's performance under this Contract, and the performance of all of its officers, agents and subcontractors in relation to this Contract, are works for hire for the benefit of the County,fully compensated for by the contract amount, and that neither the Subrecipient nor any of its officers,agents nor subcontractors may claim any interest in any intellectual property rights accruing under or in connection with the performance of this Contract. It is specifically agreed that the County shall have exclusive rights to all data processing software falling within the terms of section 119.084, F.S., which arises or is developed in the course of or as a result of work or services performed under this Contract, or in any way connected herewith. Notwithstanding the foregoing- provision, if the Subrecipient is a university and a member of the State University System of Florida, then section 1004.23, F.S., shall apply. 9.1 If the Subrecipient uses or delivers to the County for its use or the use of its employees, agents or contractors, any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood that,the compensation paid pursuant to this Contract includes all royalties or costs arising from the use of such design, device, or materials in any way involved in the work contemplated by this Contract. For purposes of this provision, the term "use" shall include use by the Subrecipient during the term of this Contract and use by the County, its employees, agents or contractors during the term of this Contract and perpetually thereafter. 9.2 All applicable subcontracts shall include a provision that the Federal awarding agency reserves all patent rights with respect to any discovery or invention that arises or is developed in the course of or under the subcontract. Notwithstanding the foregoing provision, if the Subrecipient or one of its subcontractors is a university and a member of the State University System of Florida, then section 1004.23, F.S., shall apply, but the County shall retain a perpetual, fully-paid,nonexclusive license for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products. NAMI CJMHSA Reinvestment Grant 20M-2017 CJMHSA-003 Packet Page -1026- 5/13/2014 16.D.2. 10. PUBLICITY Without limitation, the Subrecipient and its employees, agents, and representatives will not,without prior County written consent in each instance, use in advertising, publicity or any other promotional endeavor any State mark,the name of the State's mark, the name of the State or any State agency or affiliate or any officer or employee of the State, or any State program or service, or represent, directly or indirectly,that any product or service provided by the Subrecipient has been approved or endorsed by the State, or refer to the existence of this Contract in press releases, advertising or materials distributed to the Subrecipient's prospective customers. 11. SPONSORSHIP As required by section 286.25, F.S., if the Subrecipient is a non-governmental organization which sponsors a program financed wholly or in part by State funds, including any funds obtained through this Contract, it shall,in publicizing, advertising, or describing the sponsorship of the program state: "Sponsored by (Subrecipient's name) and the State of Florida, County of Children and Families". If the sponsorship reference is in written material, the words"State of Florida, County of Children and Families" shall appear in at least the same size letters or type as the name of the organization 12. MADATORY REPORTING REQUIREMENTS The Subrecipinet must comply with and inform its employees of the following mandatory reporting requirements. Each employee of the Subrecipient, providing services in connection with this Contract who has any knowledge of a reportable incident shall report such incident as follows: 1) reportable incidents that may involve an immediate or impending impact on the health or safety of a client shall be immediately reported to the County Grant Coordinator; and 2) other reportable incidents shall be reported to the County of Children and Families Office of Inspector General by completing a Notification/Investigation Request (Form CF 1934) and emailing the request to the Office of inspector General at ig_complaints @dcf.state.fl.us. The Subrecipient may also mail the completed form to the Office of Inspector General, 1317 Winewood Boulevard, Building 5, 2nd Floor, and Tallahassee, Florida, 32399-0700; or via fax at (850) 488-1428. A reportable incident is defined in CFOP 180-4, which can be obtained from the County Grant Coordinator. 13. RECORDS,AUDITS AND DATA SECURITY 13.1 Records, Retention, Audits, Inspections and Investigations. 13.1 The Subrecipient shall establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of funds provided by the County under this Contract. 13.2 Retention of all client records, financial records,supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to NAMI CJMHSA Reinvestment Grant 2014-2017 CJMHSA-003 Packet Page -1027- 5/13/2014 16.D.2. this Contract shall be maintained by the Subrecipient during the term of this Contract and retained for a period of six (6) years after completion of the Contract or longer when required by law. In the event an audit is required under this Contract, records shall be retained for a minimum period of six (6) years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this Contract, at no additional cost to the County. 13.3 Upon demand, at no additional cost to the County, the Subrecipient will facilitate the duplication and transfer of any records or documents during the term of this Contract and the required retention period in Section 5.1.2 hereof. 13.4 These records shall be made available at all reasonable times for inspection, review, copying, or audit by Federal, State, or other personnel duly authorized by the County. 13.5 At all reasonable times for as long as records are maintained, persons duly authorized by the County and Federal auditors, pursuant to 45 Code of Federal Regulations (CFR) s. 92.36(i)(10), shall be allowed full access to and the right to examine any of the Subrecipient's contracts and related records and documents, regardless of the form in which kept. 13.6 A financial and compliance audit shall be provided to the County as specified in this Contract. 13.7 The Subrecipient shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by The Office of the Inspector General (section 20.055,F.S.). 14. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT In compliance with 45 CFR s.164.504(e), the Subrecipient shall comply with the provisions of this Contract, governing the safeguarding, use and disclosure of Protected Health Information created, received, maintained, or transmitted by the Subrecipient or its subcontractors incidental to the Subrecipient's performance of this Contract. 15. CONFIDENTIAL CLIENT AND OTHER INFORMATION Except as provided in this Contract, the Subrecipient shall not use or disclose but shall protect and maintain the confidentiality of any client information and any other information made confidential by Florida law or Federal laws or regulations that is obtained or accessed by the Subrecipient or its subcontractors incidental to performance under this Contract. 16. DATA SECURITY NAMI CJMHSA Reinvestment Grant 2014-2017 CJMHSA-003 Packet Page-1028- 5/13/2014 16.D.2. The Subrecipient shall comply with the following data security requirements whenever the Subrecipient or its subcontractors have access to County data systems or maintain any client or other confidential information in electronic form: 16.1 An appropriately skilled individual shall be identified by the Subrecipient to function as its Data Security Officer. The Data Security Officer shall act as the liaison to the County's security staff and will maintain an appropriate level of data security for the information the Subrecipient is collecting or using in the performance of this Contract. An appropriate level of security includes approving and tracking all Subrecipient employees that request or have access to any County data system or information. The Data Security Officer will ensure that user access to the data system or information has been removed from all terminated Subrecipient employees. 16.2 The Subrecipient shall provide the latest County security awareness training to its staff who have access to County information. 16.3 All Subrecipient employees who have access to County information shall comply with, and be provided a copy of CFOP 50-2, and shall sign the DCF Security Contract form CF 0114 annually. A copy of CF 0114 may be obtained from the Contract Manager. 16.4 The Subrecipient shall make every effort to protect and avoid unauthorized release of any personal or confidential information by ensuring both data and mobile storage devices are encrypted as prescribed in CFOP 50-2. If encryption of these devices is not possible, then the Subrecipient shall assure that unencrypted personal and confidential County data will not be stored on unencrypted storage devices. 16.5 The Subrecipient agrees to notify the Contract Manager as soon as possible, but no later than five (5) business days following the determination of any breach or potential breach of personal and confidential County data. 16.6 The Subrecipient shall at its own cost provide notice to affected parties no later than 45 days following the determination of any potential breach of personal or confidential County data as provided in section 817.5681, F.S. The Subrecipient shall also at its own cost implement measures deemed appropriate by the County to avoid or mitigate potential injury to any person due to a breach or potential breach of personal and confidential County data The Subrecipient shall cause each of its subcontractors having access to County data systems or maintaining any client or other confidential information in electronic form to comply with the provisions of this Section 5.6 and the term "Subrecipient" shall be deemed to mean the subcontractor for such purposes 17. MOST FAVORED PARTY STATUS The Subrecipient represents and warrants that the prices and terms for its services under this Contract are no less favorable to the County than those for similar services under any NAMI CJMHSA Reinvestment Grant 2014-2017 CJMHSA-003 Packet Page -1029- 5/13/2014 16.D.2. existing contract with any other party. The Subrecipient further agrees that, within 90 days of Subrecipient entering into a contract or contract amendment or offering to any other party services similar to those under this Contract under prices or terms more favorable than those provided in this Contract, the Subrecipient will report such prices and terms to the County, which prices or terms shall be effective as an amendment to this Contract upon the County's written acceptance thereof. Should the County discover such other prices or terms, the same shall be effective as an amendment to this Contract retroactively to the earlier of the effective date of this Contract(for other contracts in effect as of that date) or the date they were first contracted or offered to the other party (for subsequent contracts, amendments or offers) and any payment in excess of such pricing shall be deemed overpayments. Subrecipient shall submit an affidavit no later than July 31st of each year during the term of this Contract attesting that the Subrecipient is in compliance with this provision, as required by section 216.0113, F.S. 18. ANTICOMPETIVE CONTRACTS The Subrecipient will not offer, enter into nor enforce any formal or informal Contract with any person, firm or entity under which the parties agree to refrain from competing for any future service contract or limit in any manner the ability of either party to obtain employment by or provide services to the County or a Subrecipient of services to the County. 19. TRANSITIONING YOUNG ADULTS The Subrecipient understands Children and Families interest in assisting young adults aging out of the dependency system. The County encourages Subrecipient participation with the local Community-Based Care Lead Agency Independent Living Program to offer gainful employment to youth in foster care and young adults transitioning from the foster care system 20. DEO AND WORKFORCE FLORIDA The Subrecipient understands that Children and Families, the Department of Economic Opportunity, and Workforce Florida, Inc., have jointly implemented an initiative to empower recipients in the Temporary Assistance to Needy Families Program to enter and remain in gainful employment. The County encourages Subrecipient participation with the Department of Economic Opportunity and Workforce Florida. 21. NOTICES. All notices from the County to the Subrecipient shall be deemed duly served if mailed or faxed to the Subrecipient at the following Address: NAMI of Collier County 6216 Trail Blvd. Bldg C Naples, Florida 34108 NAMI CJMHSA Reinvestment Grant 2014-2017 CMHSA-003 Packet Page -1030- 5/13/2014 16.D.2. Attention: Kathryn Hunter Telephone: 239-434-6726 All Notices from the Subrecipient to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Housing,Human and Veteran Services County 3327 Tamiami Trail, East Naples,Florida 34112 Attention: Rachel Brandhorst,Grant Coordinator Telephone: 239-252-4230 Facsimile: 239-252-2638 The Subrecipient and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Contract must be in writing. 22. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Subrecipient or to constitute the Subrecipient as an agent of the County. 23. NO IMPROPER USE. The Subrecipient will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Subrecipient to be objectionable or improper, the County shall have the right to suspend the contract of the Subrecipient. Should the Subrecipient fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Subrecipient further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 24. TERMINATION. Should the Subrecipient be found to have failed to perform his services in a manner satisfactory to the County as per this Contract, the County may terminate said Contract for cause; further the County may terminate this Contract for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. NAMI CJMHSA Reinvestment Grant 2014-2017 CJMHSA-003 Packet Page -1031- 5/13/2014 16.D.2. In the event that the County terminates this Contract, Subrecipient's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Subreipient shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 25. NO DISCRIMINATION. The Subrecipient agrees that there shall be no discrimination as to race, sex,color, creed or national origin. 26. INSURANCE. The Subrecipient shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $300,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Professional Liability: Shall be maintained by the Consultant to ensure its legal liability for claims arising out of the performance of professional services under this Contract. Consultant waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and in the aggregate. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Subrecipient during the duration of this Contract. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Subrecipient shall also notify County, in a like manner, within NAMI CJMHSA Reinvestment Grant 2014-2017 CJMHSA-003 Packet Page -1032- 5/13/2014 16.D.2. twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverage or limits received by Subrecipient from its insurer, and nothing contained herein shall relieve Subrecipient of this requirement to provide notice. Subrecipient shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 27. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Subrecipient 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, whether resulting from any claimed breach of this Contract by Subrecipient, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Subrecipient or anyone employed or utilized by the Subrecipient in the performance of this Contract. 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. This section does not pertain to any incident arising from the sole negligence of Collier County. 27.1 The duty to defend under this Article 27 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Subrecipient, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Subrecipient. Subrecipient's obligation to indemnify and defend under this Article027 will survive the expiration or earlier termination of this Contract until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 28. CONTRACT ADMINISTRATION. This Contract shall be administered on behalf of the County by the Housing, Human and Veteran Services Department. 29. CONFLICT OF INTEREST: Subrecipient shall represent 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 hereunder. Subrecipient shall further represents that no persons having any such interest shall be employed to perform those services. NAMI CJMHSA Reinvestment Grant 2014-2017 CJMHSA-003 Packet Page-1033- 5/13/2014 16.D.2. 30. 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, as amended, 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. 31. COMPLIANCE WITH LAWS. By executing and entering into this Contract, the Subrecipient is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Contract, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3))). If Subrecipient observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Subrecipient to comply with the laws referenced herein shall constitute a breach of this Contract and the County shall have the discretion to unilaterally terminate this Contract immediately. 32. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 33. CONTRACT TERMS. If any portion of this Contract is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Contract shall remain in effect. 34. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Ordinance and Purchasing Procedures. 35. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Contract 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 NAM( CMHSA Reinvestment Grant 2014-2017 CJMHSA-003 Packet Page -1034- 5/13/2014 16.D.2. 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 Contract, 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, Fla. Stat. 36. VENUE. 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 courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. KEY PERSONNEL/PROJECT STAFFING: The Subrecipient personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Subrecipient shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service. The Subrecipient shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing in advance. The Subrecipient shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 38. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Document, Exhibits A-H and any documents incorporated by reference into any exhibit be reference the terms of the Request for Proposal (RFP)/ITB and/or the Subrecipient's Proposal, Attachments shall take precedence. * * * * * NAMI CJMHSA Reinvestment Grant 2014-2017 CJMHSA-003 l( Packet Page -1035- 5/13/2014 16.D.2. IN WITNESS WHEREOF, the parties hereto, have each, respectively,by an authorized person or agent, have executed this Contract on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock,Clerk of Courts By: By: Torn Henning, Chairman Dated: (SEAL) NAMI of Collier County, lf.tC By: First Witness Signature.) m.-61/-30 ig-ti,rttp et. ,'(c tType/print witness name't tType/print signature and titlet Second Witness trype/print witness narnet Approved as to Form and Legality: --- Assistant County Attorney Print Name NAMI CJMHSA Reinvestment Grant 2014-2017 CJMHSA-003 Packet Page -1036- 5/13/2014 16.D.2. EXHIBIT A-DEFINITIONS A-1 Program Specific Terms. A-1.1 Centralized Coordination Program means the program proposed in the Subrecipient's Application,designed to improve centralized coordination among some combination of mental health providers,law enforcement agencies,courts,and other partner agencies,with regard to one or more aspects of substance abuse or mental health services for the target population. A-1.2 Crisis Intervention Team(CIT)means a first responder model that provides law enforcement-based crisis intervention training for assisting individuals with a mental illness experiencing a behavioral healthcare crisis. A-1.3 Centralized Assessment Center(CAC)Program Participant referes to an individual who has been assessed at the CAC for Forensic Reintegration Support Team(FIRST)program eligibility but has not been enrolled. A-1.4 Forensic Reintegration Support Team(FIRST)Program Participants refers to individuals enrolled in Case Management and any other service offered through the FIRST Program. A-1,5 SSi/SSDI is the acronym for the Supplemental Security Income and Social Security Disability Insurance programs administered by the United States Social Security Administration, A-1.4 Strategic Plan means a document that is the result of a formal systemic and stakeholder planning process that documents participation by stakeholders;is data and research driven;establishes a path to the accomplishment of prioritized goals and objectives;and describes an intended outcome and measurable targets of achievement.If the Subrecipient participated in Sequential Intercept Mapping,the document produced as a result of that mapping may serve as the strategic plan. A-1.5 Target Population means the selected category of individuals for which the Subrecipient intends to develop and focus grant-related activities,further defined as follows: A-1.5,1 Adults refers to persons age 18 or older who are arrested,or those at-risk of involvement in the criminal justice system, who are high utilizers of emergency or crisis services.Typically,these individuals are poor,experience homelessness, and have chronic health issues,including a mental illness,substance use disorder,or combination thereof.Through repeat encounters with law enforcement,courts,jails,fire Countys,emergency medical services,hospitals,and shelters,they consume a disproportionate amount of health,social services,and criminal justice resources—usually without attaining positive outcomes.Individuals who pose a high public safety risk are excluded,including those with a current charge of murder,sexual assault,or arson. A1-2 Civil Rights Requirements.In accordance with Title VII of the Civil Rights Act of 1964,the Americans with Disabilities Act of 1990, or the Florida Civil Rights Act of 1992,as applicable the Subrecipient shall not discriminate against any employee(or applicant for employment)in the performance of this Contract because of race,color, religion,sex, national origin,disability,age,or marital status. Further,the Subrecipient agrees not to discriminate against any applicant,client,or employee in service delivery or benefits in connection with any of its programs and activities in accordance with 45 CFR, Parts 80,83,84,90,and 91,Title VI of the Civil Rights Act of 1964,or the Florida Civil Rights Act of 1992,as applicable and CFOP 60-16.These requirements shall apply to all contractors, subcontractors,subgrantees or others with whom it arranges to provide services or benefits to clients or employees in connection with its programs and activities. If employing fifteen or more employees, the Subrecipient shall complete the Civil Rights Compliance Checklist, CF Form 946 within 30 days of execution of this Contract and annually thereafter in accordance with CFOP 60-16 and 45 CFR,Part 80. A1-3 Use of Funds for Lobbying Prohibited. The Subrecipient shall comply with the provisions of sections 11.062 and 216.347, F.S., which prohibit the expenditure of contract funds for the purpose of lobbying the Legislature,judicial branch,or a State agency A1-4 Public Entity Crime and Discriminatory Contractors.Pursuant to sections 287.133 and 287,134, F.S.,the following restrictions are placed on the ability of persons placed on the convicted vendor list or the discriminatory vendor list.When a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime, or an entity or affiliate has been placed on the discriminatory vendor list, such person,entity or affiliate may not submit a bid, proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal,or reply on a contract with a public entity for the construction or the repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity;provided,however,that the prohibition on persons or affiliates placed on the convicted vendor shall be NAMI CJMHA Reinvestment Grant 2014 Contract No. CJMHSA-003 Packet Page -1037- 0: 5/13/2014 16.D.2. limited to business in excess of the threshold amount provided in section 287.017, F.S.,for CATEGORY TWO for a period of thirty-six (36)months from the date of being placed on the convicted vendor list Al-5 Whistleblower's Act Requirements.In accordance with subsection 112.3187(2),F.S.,the Subrecipient and its subcontractors shall not retaliate against an employee for reporting violations of law,rule,or regulation that creates substantial and specific danger to the public's health,safety,or welfare to an appropriate agency. Furthermore,agencies or independent contractors shall not retaliate against any person who discloses information to an appropriate agency alleging improper use of governmental office,gross waste of funds,or any other abuse or gross neglect of duty on the part of an agency,public officer,or employee.The Subrecipient and any subcontractor shall inform its employees that they and other persons may file a complaint with the Office of Chief Inspector General, Agency Inspector General,the Florida Commission on Human Relations or the Whistle-blower's Hotline number at 1-800-543-5353 A1-6 Support to the Deaf or Hard-of-Hearing. A1-6.1 Where direct services are provided,the Subrecipient and its subcontractors shall comply with section 504 of the Rehabilitation Act of 1973,29 U.S.C.794,as implemented by 45 CFR Part 84(hereinafter referred to as Section 504),the Americans with Disabilities Act of 1990,42 U.S.C. 12131,as implemented by 28 CFR Part 35(hereinafter referred to as ADA),and the Children and Families Operating Procedure(CFOP)60-10,Chapter 4,entitled"Auxiliary Aids and Services for the Deaf or Hard-of-Hearing." Al-6.2 If the Subrecipient or any of its subcontractors employs 15 or more employees,the Subrecipient shall designate a Single-Point-of- Contact(one per firm)to ensure effective communication with deaf or hard-of-hearing customers or companions in accordance with Section 504 of the ADA,and CFOP 60-10,Chapter 4.The Subrecipient's Single-Point-of-Contact and that of its Subcontractors will process the compliance data into the County's HHS Compliance reporting Database by the 5th business day of the month, covering the previous month's reporting,and forward confirmation of submission to the Contract Manager.The name and contact information for the Subrecipient's Single-Point-of-Contact shall be furnished to the County's Grantor Contract Manager within 14 calendar days of the effective date of this requirement. Al-6.3 The Subrecipient shall,within 30 days of the effective date of this requirement,contractually require that its subcontractors comply with Section 504,the ADA,and CFOP 60-10,Chapter 4.A Single-Point-of-Contact shall be required for each subcontractor that employs 15 or more employees.This 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 Subrecipient's Single-Point-of- Contact. Al-6.4 The Single-Point-of-Contact shall ensure that employees are aware of the requirements,roles&responsibilities,and contact points associated with compliance with Section 504,the ADA,and CFOP 60-10,Chapter 4.Further,employees of Subrecipients and their subcontractors with 15 or more employees shall attest in writing that they are familiar with the requirements of Section 504,the ADA,and CFOP 60-10,Chapter 4.This attestation shall be maintained in the employee's personnel file. Al-6.5 The Subrecipient's Single-Point-of-Contact will ensure that conspicuous Notices which provide information about the availability of appropriate auxiliary aids and services at no-cost to the deaf or hard-of-hearing customers or companions are posted near where people enter or are admitted within the agent locations.Such Notices must be posted immediately by The Subrecipient and its subcontractors. The approved Notice can be downloaded through the Internet at:http://www.myflfamilies.com/about-uslservices-deaf-and-hard- hearingfdcf-posters. Al-6.6 The Subrecipient and its subcontractors shall document the customer's or companion's preferred method of communication and any requested auxiliary aids/services provided in the customer's record, Documentation,with supporting justification, must also be made if any request was not honored.The Subrecipient shall distribute Customer Feedback forms to customers or companions, and provide assistance in completing the forms as requested by the customer or companion. Al-6.7 If customers or companions are referred to other agencies,the Subrecipient must ensure that the receiving agency is notified of the customer's or companion's preferred method of communication and any auxiliary aids/service needs, A1-6.8 The County requires each contracUsubcontract Subrecipient agency's direct service employees to complete Serving our Customers who are Deaf or Hard-of-Hearing and sign the Attestation of Understanding.Direct service employees performing under this NAMI CJMHA Reinvestment Grant 2014 Contract No. CJMHSA-003 Packet Page-1038- 5/13/2014 16.D.2. Contract will also print their certificate of completion,attach it to their Attestation of Understanding,and maintain them in their personnel file, A1-7 PRIDE.Articles which are the subject of or are required to carry out this Contract shall be purchased from Prison Rehabilitative Industries and Diversified Enterprises,Inc,,(PRIDE)identified under Chapter 946,F.S.,in the same manner and under the procedures set forth in subsections 946.515(2)and(4),F.S,For purposes of this Contract,the Subrecipient shall be deemed to be substituted for the County insofar as dealings with PRIDE,This clause is not applicable to subcontractors unless otherwise required by law.An abbreviated list of products/services available from PRIDE may be obtained by contacting PRIDE,(800)643-8459. A1-8 Recycled Products.The Subrecipient shall procure any recycled products or materials,which are the subject of or are required to carry out this Contract,in accordance with the provisions of sections 403.7065,F.S. A1-9 Employment Screening. A1-9,1 The Subrecipient shall ensure that all staff utilized by the Subrecipient and its subcontractors that are required by Florida law to be screened in accordance with chapter 435,F.S.,are of good moral character and meet the Level 2 Employment Screening standards specified by sections 435.04,110.1127,and subsection 39.001(2), F.S., as a condition of initial and continued employment that shall include but not be limited to: a.Employment history checks; b. Fingerprinting for all criminal record checks; c. Statewide criminal and juvenile delinquency records checks through the Florida County of Law Enforcement(FDLE); d. Federal criminal records checks from the Federal Bureau of Investigation via the Florida County of Law Enforcement;and e.Security background investigation,which may include local criminal record checks through local law enforcement agencies. f.Attestation by each employee,subject to penalty of perjury,to meeting the requirements for qualifying for employment pursuant to chapter 435 and agreeing to inform the employer immediately if arrested for any of the disqualifying offenses while employed by the employer. A1-9.2 The Subrecipient shall sign an affidavit each State fiscal year for the term of the contract stating that all required staff have been screened or the Subrecipient is awaiting the results of screening NAM!CJMHA Reinvestment Grant 2014 Contract No.CJMHSA-003 Packet Page -1039- 5/13/2014 16.D.2. EXHIBIT B-SCOPE OF WORK B-1 Scope of Service. This is a three-year Contract,pursuant to the Criminal Justice,Mental Health and Substance Abuse Reinvestment Grant established under authority of sections 394.656 through 394.6591,F.S. Under this Contract, the Collier County Sherriff Office,will assist in the Centralized Assessment Center(CAC)services and provide services by a Forensic Reintegration Support Team (FIRST),a coordinated jail reintegration team for arrestees with mental illness and substance abuse problems designed to decrease the likelihood of re-arrest, B-2 The Subrecipient shall conduct all activities supported by this Contract in accordance with the application,dated November 26, 2013,in response to the County of Children and Families Request for Applications-Grant#LHZ02-Amended,dated October 2013. Both the Collier County application and the Request for Applications are hereby incorporated by reference and shall be maintained in the official files, B-3 Major Grant Objectives. B-3.1 The Subrecipient shall assure that individuals and entities who will be working with the Target Population are adequately trained in identifying or delivering recovery-oriented services. B-3.2 The Subrecipient shall endeavor to increase access to mental health treatment,substance abuse treatment or mental health and substance abuse prevention services for program participants identified as the Target Population. B-3.3 The Subrecipient shall provide individualized services to engage and motivate participants in the Target Population to improve their lives and avoid incarceration. B-4 Service Area,Locations and Times. B-4.1 Service Area. The Subrecipient shall provide services within Collier County,Florida. B-4.2 Service Delivery Locations. 114.2.1 The Subreciptent's administrative offices shall be located at the address specified in Section 21 of this Contract. 6.4.2.2 The Subrecipient's programmatic offices shall be located at:6216 Trail Blvd. Bldg C Naples Florida 34108 B.4.2.3 The Subrecipient's primary program site for coordinating CET training shall be located at:NAMI 6216 Trail Blvd. Bldg C Naples Florida 34108 B-4.3 Service Times.Services shall be provided,at a minimum,between the hours of 8:00 a.m.to 5:00 p.m.,Monday through Friday,Eastern Time except for state-recognized holidays.Changes in service times and any additional holidays that the Subrecipient wants to observe shall be approved in writing by the County. B-4.4 Changes in Location. The Subrecipient shall notify the County in writing a minimum of one week prior to making changes in office location or any changes that will affect the County's ability to contact the Subrecipient by telephone,facsimile,or email, B-5. Clients to be Served. The Target Population for services under this program is adults with substance abuse and mental health disorders who reside in Collier County. B-6. Client Determination. The Subrecipient and its designated partner are jointly responsible for the determination of appropriate program participants under this Contract. B-7. Equipment. In accordance with the terms of the Subrecipient's application,the Subrecipient shall be responsible for supplying all equipment necessary to perform and complete the services described herein including but not limited to computers,telephones,copier and fax machine,supplies and maintenance. B-8. Contract Limits. 6.8.1 The total funds awarded under this Contract shall not exceed$97,596.00 over the lifetime of this Contract. B-8.2 The total funds awarded for each program year under this Contract shall not exceed NAMI CJMHA Reinvestment Grant 2014 Contract No. CJMHSA-003 r? Cad Packet Page-1040- 5/13/2014 16.D.2. B.8.2.1 $35,562.00 in program year 1; 6.8.2.2 $35,562.00 in program yea 2;and B.8.2.3 $35,562.00 in program year 3. NAM!CJMHA Reinvestment Grant 2014 Contract No. CJMHSA-003 ((r Packet Page -1041- 5/13/2014 16.D.2. EXHIBIT C-TASK LIST The Subrecipient shall perform all functions necessary for the proper delivery of services including, but not limited to,the following: C-1 Service Tasks. C-1.1 To support Objective 8-3.1,the Subrecipient shall participate in the Centralized Coordination Program and FIRST services through the CAC at the David Lawrence Center and offer CIT training services no later than November 30, 2014. The CAC will enhance the efficiency and effectiveness of CiT officers seeking to divert individuals from arrest, incarceration,or prosecution.The CAC will host a FIRST team providing coordinated jail reintegration team to arrestees with mental illnesses and substance abuse problems in order to decrease the likelihood of re-arrest, To achieve these program outcomes,the Subrecipient shall C-1.1.1 Establish a MOU with the local Homeless Coalition outlining planning strategies and available housing alternatives(e,g,low demand,veterans,transitional,permanent,etc.)in the community;and C•1.1.2 Hire and train relevant staff,including peer specialist for adult services or self-help recovery-oriented supports;and C-1.1.3 Ensure an ongoing collaborative relationship between the Centralized Coordination Program and law enforcement,judicial personnel,families,and consumers of substance abuse and mental health services,and substance abuse and mental health providers through daily activities and the oversight of the Public Safety Coordinating Council over the lifetime of this Contract. C-1.2 To support Objective B-3.2,the Subrecipient shall train law enforcement and other community partners in the principles of Crisis Intervention Teams(CIT)and evidenced based practices,and engage families and other natural supports to reduce the likelihood of subsequent crises.To achieve these Program outcomes,the Subrecipient shall: C-1.2.1 Ensure that all FIRST Team members,as applicable, are trained in evidence-based practices appropriate to the needs of each team member's job description. Examples of appropriate evidence based-practices include Moral Reconation Therapy, Motivational Interviewing,Supportive Housing, Supportive Employment,SOAR(SSI, Outreach, Access,and Retention),and Certified Recovery Specialist;and C-1.2.2 Provide CIT trainings no less than quarterly to a total of 180 law enforcement officers over the term of this Contract; C-1.3 To support Objectives B-3.3,the Subrecipient shall work with the agencies involved in the Centralized Coordinating Program to ensure that program participants are receiving coordinated SAMH services designed to decrease the likelihood of criminal activity and contact with the criminal justice system.To achieve these Program outcomes,the Subrecipient shall: C-1.3.1 Provide intensive individualized substance abuse treatment and recovery services by the FIRST team to arrestees returning to the community which C-1.3.1,1 Ensure that CIT trained officers access the CAC and FIRST as alternatives to arrest as a diversionary tool; C-1.3.1,2 Enhance the FIRST team by adding substance abuse as primary issue as program inclusion criteria; C-1.3.1.3 Maintain a FIRST team to participant ratio of 1;20 or lower,ensuring those with more needs receive the most intensive assistance;and C-1.3.1.4 Provide effective,evidence-based transition-planning,treatment and ancillary supports to ensure best possible clinical and social outcomes and reduce arrests. C-1.3.2 Conduct annual Planning Council meetings to review and revise the strategic plan based on current system gaps. C-1.4 To support Objective B-3.4,the Subrecipient shall ensure individualized services to engage and motivate individuals in the Target Population to improve their lives and avoid incarceration. To achieve this program outcome,the Subrecipient shall: C-1.4.1 Incorporate the following evidence-based practices into FIRST team service delivery NAMI CJMHA Reinvestment Grant 2014 Contract No,CJMHSA-003 Packet Page-1042- 5/13/2014 16.D.2. C-2.3,5 The Subrecipient shall maintain,and shall ensure all partner agencies maintain records and documentation including,but not limited to,the following: C-2.3.5.1 Draft reports,final reports,meeting notes,telephone logs; C-2,3.5.2 Executed subcontract or sub-Contracts and any amendments,invoices and supporting documentation,expenditure reports,and deliverables; C-2.3.5.3 Documentation of time worked for each staff paid in whole or in part with these Contract funds; C-2.3.5.4 Travel logs and requests for reimbursement for staff travel; C-2.3.5.5 Employment screening results for each staff who meets the requirements to be screened for employment. C-2.3.6 All records and documentation pertaining to this Contract shall be sent to the County upon request and shall be available to the County for inspection at any time. C-2.4 Reports. C-2,4.1 All tasks and activities under this Contract shall be documented in the following reports. C-2.4,1.1 Quarterly Program Status Report. A detailed report of the services and activities performed in the previous three months and the progress of the program in meeting the performance measures,goals, objectives,and tasks described in the Subrecipient's application and as specified in this contract in section D.4. and E.1.The County will provide the template needed to file this report. C-2.4,1.2 Monthly Program Status Report. A detailed report of the services and activities performed in the previous month and the progress of the program in meeting the performance measures,goals,objectives,and tasks described in the Subrecipient's application and as specified in this contract in section D.4.and E.1.The County will provide the template needed to file this report C-2.4.1.3 Quarterly Financial Report.A detailed report of expenditures for the previous three months associated with this Contract..The report must reconcile these expenditures with the payments made by the County.The Subrecipient is encouraged to use this report for expenditure planning and projection.The report must be submitted in hard or electronic copy.The County will provide the template needed to file this report. C-2.4.1.4 Final Program Status Report.A detailed report of the services or activities performed for the entire term of the Contract and the status of the meeting the performance measures,goals,objectives,and tasks described in the Subrecipient's application and the terms of this Contract. C-2.4.1.5 Final Financial Report. A detailed report documenting the expenditure of funds provided by this Contract and compliance with the statutory county match requirement.The report must be submitted in hard or electronic copy. C-2,4,2 Reporting Schedule.The Subrecipient shall submit reports in accordance with the reporting schedule in Table 1. - — -- -�--- Table 1.Reporting Schedule Report Name _ - -- - — Due Date Address to Receive Reports Quarterly Program Status 51h day of the month following the Report quarter of program services or activities County Housing,Human and Monthly Program Status 5th day of the month following the Veteran Services Report quarter of program services or activities Attention:TBD Grant Coordinator Quarterly Financial Report 51h day of the month following the quarter of program services or activities Final Program Status _No later than 30 dais following the _—� ------..__ _.._.---_ — NAMI CJMHA Reinvestment Grant 2014 Contract No.CJMHSA-003 Packet Page-1043- (4') 5/13/2014 16.D.2. Report ending date of the Contract. Final Financial Report No later than 30 days following the ending date of the Contract. C-2.4.3 Additional Reporting Requirements.The Subrecipient shall provide additional reporting pertaining to the services and activities rendered should the County determine this to be necessary. C-2.5 Standard Contract Requirements. Subrecipient will perform all acts required by Contract. C-2.6 Client Risk Prevention. In accordance with the client risk prevention system,the Subrecipient shall report those reportable situations listed in CFOP 215-6 in the manner prescribed in CFOP 215-6. The Subrecipient shall immediately report any knowledge or reasonable suspicion of abuse,neglect,or exploitation of a child,aged person,or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number(1-800-96ABUSE). As required by Chapters 39 and 415, F.S.,this provision is binding upon both the Subrecipient and its employees" C-2.7 Emergency Preparedness Plan. C-2.7.1 If the tasks to be performed pursuant to this Contract include the physical care or supervision of clients,the Subrecipient shall,within 30 days of the execution of this Contract,submit an emergency preparedness plan which shall include provisions for records protection,alternative accommodations for clients in substitute care,supplies, and a recovery plan that will allow the Subrecipient,its subcontractors or sub-Subrecipients to continue functioning in compliance with the executed Contract in the event of an actual emergency. C-2.7.2 No later than twelve months following the County's original acceptance of a plan and every twelve months thereafter,the Subrecipient shall submit a written certification that it has reviewed its plan,along with any modifications to the plan, or a statement that no modifications were found necessary. NAM CJMHA Reinvestment Grant 2014 Contract No, CJMHSA-003 Packet Page -1044- °'" 5/13/2014 16.D.2. C-1.4.1.1 Motivational Interviewing strategies to engage and motivate participants to improve their life situations; C-1.4.1.2 Supported Employment and Supported Housing evidence-based practices to help participants meet personal goals and participate fully in the life of the community;and C-1.4.1.3 FIRST Team will link participants with disability benefits through SOAR,as well as to social and natural supports. C-2 Administrative Tasks C-2.1 Staffing.The Subrecipient shall assign and maintain the following staff,as detailed in the Subrecipient's application,and supported by this Contract to accomplish the Major Grant Objectives specified in Exhibit B and Service Tasks specified in Exhibit C: C-2.1.1 The following subcontract or sub-Subrecipient staff supported by this Contract NAMI of Collier County: C-2.1.1,1 FIRST team staff to include: C-2.1.1.1.1 1.0 Peer Counselor; C-2.1.2 Professional Qualifications.The Subrecipient shall ensure all program staff assigned maintains all applicable minimum licensing,accreditation,training and continuing education requirements required by state and federal laws or regulations for their assigned duties and responsibilities. C-2.2 Subcontracting. C-2.2.1 Without express written advance authorization by the County,the Subrecipient shall not award subcontracts or sub-grants to any other individuals or organizations;nor shall it transfer,reassign or otherwise give responsibility for the implementation of any services funded by this Contract. C-2.2.2 The Subrecipient shall require all subcontractors or sub-Subrecipients at any tier level to comply with the E- Verify clause subject to the same requirements as the Subrecipient, C-2.2.3 The Subrecipient shall be responsible for coordinating expenditures made by subcontractors and sub- Subrecipients.The Subrecipient shall ensure funds dispersed to subcontractors and sub-Subrecipients are expended for the purposes intended and that a full accounting for these grants funds is made. C-2.2.4 The Subrecipient shall be responsible for service delivery, monitoring and quality assurance of all subcontracts or sub-grants entered into by the Subrecipient under this Contract. C-2.2.5 The Subrecipient shall include in all subcontract or sub-Contracts:a detailed scope of work;clear and specific deliverables;performance standards;sanctions for nonperformance;programmatic monitoring requirements;fiscal monitoring requirements;detailed documentation requirements,and the substance of all clauses in the Standard Contract that mention or describe subcontract compliance. C-2.3 Records and Documentation. C-2.3.1 The Subrecipient shall retain all financial records,supporting documents,statistical records and any other documents,whether kept by electronic storage media or otherwise,for a period of not less than six years after the starting date of this Contract. if audit findings have not been resolved at the end of the six year period,the records shall be retained until resolution of the audit findings. State auditors and any persons authorized by the County shall have full access to,and shall have the right to examine any materials at any time during regular business hours. C-2.3.2 The Subrecipient shall provide data and other information requested by the CJMHSA Grant Technical Assistance Center(TAC)at the Louis de la Parte Florida Mental Health institute of the University of South Florida to enable TAC to perform statutory duties established in the authorizing legislation. C-2.3.3 The Subrecipient shall protect confidential records from disclosure and protect participants'confidentiality in accordance with s.397.501(7),F.S. C-2.3.4 Unless otherwise specified in Section C-2.5,all correspondence, reports, records and documentation may be maintained and provided to the County electronically. NAMI CJMHA Reinvestment Grant 2014 Contract No. CJMHSA-003 Packet Page -1045- 5/13/2014 16.D.2. EXHIBIT D-DELIVERABLES D-1. Service Units. 0-1.1 A service unit is one month of combined FIRST services,CAC services as described in the Subrecipient's Application and summarized in Table 2. 0-2. Service Targets.Over the lifetime of this Contract,the Subrecipient shall attain the service targets described below and summarized in Table 2. • D-2.1 The Subrecipient shall deliver FIRST services to a total of 270 FIRST Program participants. 0-2.2 The Subrecipient shall deliver Central Assessment Center(CAC)services to a total of 3,600 CAC Program participants. D-2.3 The Subrecipient shall deliver CIT training to a total of 180 law enforcement officers. Table 2,Service Summary - -- —� --J Target#of Participants Program Program Program Program Service Target #Units Duration Year 1 Year 2 Year 3 Lifetime 6/1/14- 6/1/15- 6/1/16- 6/1/14- 3/31/15 3/31/16 3131/17 3/31/17 D-2.1 12 One Calendar Quarter 90 90 90 270 FIRST Services D-2,2 12 One Calendar Quarter 1,200 1,200 1,200 3,600 CAC Services 12 One Calendar Quarter 60 60 60 180 CiT Training 0-3. Deliverables.The Subrecipient shall demonstrate satisfactory progress towards each lifetime service target in Section D-1 through submission of monthly and quarterly data reporting in each Quarterly Program Status Report specified in Section C-2.4. 0-4. Performance Measures for acceptance of Deliverables. 0-4.1 During the first program year,satisfactory progress toward Service Target 0-2.1 shall be demonstrated by: 0-4.1.1 100%completion of tasks C-1.1.1,C-1.1.2 during the first quarter of the program year;and D-4.1.2 Services under task C-1,1.3,provided to, at a minimum,: D-4.1.2.1. 20%of the program year target by the end of the second quarter; 0-4.1.2.2. 60%of the program year target by the end of the third quarter;and 0-4.1.2.3. 80%of the program year target by the end of the fourth quarter. • D-4.2 During the second and third program years,satisfactory progress toward Service Target D-2.1 shall be demonstrated by services under task C-1.1.3 provided to,at a minimum: D-4.2.1 20%of the program year's target by the end of the first quarter; 0-4.2.2 40%of the program year's target by the end of the second quarter; D-4.2.3 60%of the program year's target by the end of the third quarter;and NAMI CJMHA Reinvestment Grant 2014 Contract No.CJM}-ISA-003 ED) Packet Page -1046- 5/13/2014 16.D.2. D-4.2.4 80%of the program year's target by the end of the fourth quarter. D-4.3 Satisfactory progress toward Service Targets D-2.2 and D-2.3 shall be demonstrated,at a minimum,by training services provided to: D-4.3.1 A minimum of 50%of each program year's targets by the end of the second quarter of each program year; and D-4.3.2 A minimum of 100%of each program year's targets by the end of the fourth quarter of each program year. D-4.4 The target numbers reflected in the table are to be achieved collectively by all three subrecipients each quarter. In the event the Subrecipient fails to achieve the minimum performance measures in sections 04.1 through D-4.2,the County may apply financial consequences. NAME CJMHA Reinvestment Grant 2014 Contract No.CJMHSA-003 Packet Page -1047- 5/13/2014 16.D.2. EXHIBIT E—MINIMUM PERFORMANCE MEASURES E-1. Minimum Performance Measures.The following minimum qualitative performance measures are established pursuant to Section 4 of the Contract and shall be maintained during the term of this Contract and reported monthly. E-1.1 50%reduction of re-arrests among Program participants in the adult criminal justice systems. E-1.2 100%of Program participants that receive increased access to services in comprehensive recovery based mental health and/or substance abuse treatment services that are community based. E-1.3 80%change from admission to re-entry into the community of Program participants who reside in a stable housing environment. E-1.4 80%increase of eligible Program participants linked to social security benefits through SOAR-trained CPRS or other FIRST team members. E-2. Performance Evaluation Methodology.The County will monitor the Subrecipient's performance in achieving the standards in section E-2 according to the following methodology: E-2.1 For the measure in section E-1.1,the total number of arrests among participants within one year post program admission DIVIDED BY the total number of arrests among program participants one year prior to program admission shall be LESS THAN OR EQUAL TO 50%. E-2.2 For the measure in section E-1.2,the total number of program participants reporting that they have received increased access to comprehensive recovery based mental health and/or substance abuse treatment services that are community based in the one year period post program admission DIVIDED BY the total number of program participants reporting that they have received access to comprehensive recovery based mental health and/or substance abuse treatment services that are community based prior to program admission shall be EQUAL TO 100%. E-2.3 For the measure in section E-1.3,the total number of program participants reporting that they reside in a stable housing environment in the one year period post program admission DIVIDED BY the total number of program participants reporting that they were not residing in a stable housing environment prior to program admission shall be GREATER THAN OR EQUAL TO 80%. E-2.4 For the measure in section E-1.4,the total number of program participants who were eligible for, but not receiving,social security or other benefits at program admission who are linked to such benefits after admission DIVIDED BY the total number of program participants who were eligible for,but not receiving, those benefits at program admission shall be GREATER THAN OR EQUAL TO 80%. NAMI CJMHA Reinvestment Grant 2014 Contract No.CJMHSA-00: Packet Page-1048- ... 5/13/2014 16.D.2. EXHIBIT F-METHOD OF PAYMENT F-1 This is a cost reimbursement Contract,The County will pay the Subrecipient for the delivery of service provided in accordance with the terms of this Contract and the project budget, subject to the availability of funds. F-2 The County shall reimburse funds to the Subrecipient according to the schedule in the table below. F-3 Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between budget categories and line items shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10%of budget category or fine item shall only be made with board approval. _ Program Period Personnel � $31,030.00 Program Year 1 --------- __—_._._._--.._ Travel j $1,282.00 Consultant/Trainer. $3,250.00 Personnel $31,030.00 Program Year 2 Travel__..__.J__—$1,282.00_— _ Consultant/Trainer I $3,250.00 Personnel 1 $31,030,00 Program Year 3 Travel $1,282.00 --- ------- - -- Consultant/Trainer $3,250.00 TOTAL CONTRACT ---- $106,686.00---� F-4 The Subrecipient shall request reimbursement by submission of a properly completed invoice(Exhibit G) and submission of all supporting documentation no later than the 5th day of the month following service provision, accompanied by the corresponding monthly performance reports and any other deliverable report due for the period of the invoice. F-5 The County shall approve reimbursement requests following receipt of documentation of compliance with the Performance Measures for Acceptance of Deliverables in section D-4 and Minimum Performance Measures El. F-5.1 The County shall withhold 10%from each reimbursement request upon satisfactory completion of program lifetime performance targets and completion of the county closeout monitoring,the County shall release the remaining funds held throughout the term of the agreement,less any funds retained for failure to achieve a performance target. F-5.2 If the Subrecipient does not meet the same performance measure for six or more consecutive months, the County shall apply a 10%penalty for all payments made to date.Corrective action plans required and may result in a reduction in future funding under this Contract,at the County's sole discretion. F-6 The Subrecipient shall submit a final invoice for payment no later than 30 days after the expiration of this Contract or after this Contract is terminated.Failure to do so will result in a forfeiture of all right to payment and the County shall not honor any requests submitted after the aforesaid time period.Any payment due under the terms of this Contract will be withheld until the Final Program Status Report and Final Financial Report are submitted,and the Close Out Monitoring is completed and approved by the County. F-7 The Subrecipient shall provide match funds in accordance with the schedule in the table below: NAMI CJMHA Reinvestment Grant 2014 Contract No. CJMHSA-00; Packet Page -1049- 5/13/2014 16.D.2. Program Period j Amount____ Program,Year 1 _J_w_$35,562.40 Program Year 2 $35,562.40 1 Program Year 3 j MATCH TOTAL • • • F-8 The County shall reimburse the SUBRECIPIENT for the performance of this Contract upon completion or partial • completion of the work tasks as accepted and approved by HHVS. SUBRECIPIENT may not request disbursement of • CJMHSA funds until funds are needed for eligible costs,and all disbursement requests must be limited to the amount needed at the time of request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this contract, Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Contract. No payment will be made until approved by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with§218.70,Florida Statutes,otherwise known as the"Local Government Prompt Payment Act." • i • • • • • • NAMI CJMHA Reinvestment Grant 2014 Contract No.CJMHSA-00: o‘f) Packet Page -1050- 5/13/2014 16.D.2. EXHIBIT"G" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: NAMI of Collier County Sub recipient Address: 6216 Trail Blvd Bldg C Naples Florida 34108 Project Name: Criminal Justice Reinvestment Grant FY 20I4-2017 Project No: CJMHSA-003 Payment Request# Dollar Amount Requested: $ Date Period of Availability: • • Period for which A:enc has incurred indebtedness: throu_h SECTION II:STATUS OF FUNDS 1. Grant Amount Awarded $ 106,686.00 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount of Today's Match $ 6. 10%of Retainage Withheld $ 7. Amount of Today's Request $ 8. Current Grant Balance(Initial Grant Amount Awarded Less Sum of all requests) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Contract between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title • Authorizing Grant Coordinator DATE Supervisor Date (approval authority under$14,999) Dept Director (approval required $15,000 and above) NAMI CJMHA Reinvestment Grant 2014 Contract No.CJMHSA-00; Packet Page-1051- � ` 5/13/2014 16.D.2. EXHIBIT H ANNUAL AUDIT MONITORING REPORT OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to m.onitor our. subrecipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Subrecipient NAMI of Collier County Fiscal Year Name '! Period Total State Financial Assistance Expended during most recently completed Fiscal Year Total Federal Financial Assistance Expended during most recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as indicated above and have completed our Circular A-133 audit. A copy of the audit report and management letter are attached. We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as indicated above and expect to complete our Circular A-133 audit by . Within 30 days of completion of the A-133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A-133 because we: Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year indicated above Are a for-profit organization Are exempt for other reasons — explain An audited financial statements is attached and if applicable, the independent auditor's lmanagement letter. (If findings were noted, please enclose a copy of the responses and corrective action plan.) Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Packet Page -1052- ~'