Agenda 12/11/2012 Item #16D1812/11/2012 Item 16.D.18.
EXECUTIVE SUMMARY
Recommendation to approve an agreement between the Collier County Board of Commissioners
and the David Lawrence Mental Health Center, Inc. (DLC) for provision of mandated services
(mental health and substance abuse programs), in the amount of $1,154,200.
OBJECTIVE: To provide behavioral and substance abuse services to the community.
CONSIDERATIONS: As mandated by Florida Statutes, Section 394.76(9) (a) and (b), a
commitment has been made to provide funding in the amount of $1,154,200 to the DLC, a
provider of behavioral health and substance abuse programs. The proposed agreement requires
that DLC provide adult and children's mental health and adult substance abuse services to
citizens of Collier County. The contract period is from October 1, 2012 through September 30,
2013.
In FY 2012 the David Lawrence Center received funding from the County in the amount of
$899,300 for state mandated services. The increase of $254,900 in funding this fiscal year
represents an additional allocation for expanded Baker Act services that was approved by the
Board of County Commissioners in September 2012.
FISCAL IMPACT: The total County compensation, in the amount $1,154,200 for the service
agreement, has been appropriated in the FY 13 budget under the general fund (001). Also, per an
agreement with the Naples Community Hospital (approved 10/9/12, item 16.D.2), the total funds
DLC will receive for the mandated services is $1,385,040.
GROWTH MANAGEMENT IMPACT: There is no growth management impact from this
recommendation
LEGAL CONSIDERATION: This item is legally sufficient and requires a majority vote for
Board action. The October 1, 2012 effective date of the agreement is intended to coincide with
the expiration of the prior agreement with David Lawrence Center, Inc. -JBW
RECOMMENDATION: The Board of County Commissioners approve and authorize the
Chairman to sign the agreement with DLC.
Prepared by: Kristi Sonntag, Manager Federal /State Grants, Housing, Human and Veteran
Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.18.
12/11/2012 Item 16.D.18.
Item Summary: Recommendation to approve an agreement between the Collier County
Board of Commissioners and the David Lawrence Mental Health Center, Inc. (DLC) for provision
of mandated services, in the amount of $1,154,200.
Meeting Date: 12/11/2012
Prepared By
Name: SonntagKristi
Title: VALUE MISSING
11/16/2012 4:16:06 PM
Submitted by
Title: VALUE MISSING
Name: SonntagKristi
11/16/2012 4:16:09 PM
Approved By
Name: SonntagKristi
Date: 11/19/2012 1:44:25 PM
Name: Bendisa Marku
Title: Operations Analyst,Wastewater
Date: 11/19/2012 5:16:14 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 11/20/2012 1:36:21 PM
Name: Alonsoflailey
Title: Operations Analyst, Public Service Division
Date: 11/20/2012 2:25:30 PM
Name: WardKelsey
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12/11/2012 Item 16.D.18.
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 11/21/2012 8:40:19 AM
Name: AckermanMaria
Title: Senior Accountant, Grants
Date: 11/27/2012 9:39:18 AM
Name: WhiteJennifer
Title: Assistant County Attomey,County Attorney
Date: 11/27/2012 10:18:27 AM
Name: CamellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 11/28/2012 1:49:29 PM
Name: WhiteJennifer
Title: Assistant County Attomey,County Attorney
Date: 11/28/2012 3:03:39 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 11/29/2012 9:55:24 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 11/29/2012 12:20:25 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/29/2012 2:37:06 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/29/2012 4:28:10 PM
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12/11 /2012 Item 16.D.18.
STANDARD NONPROFIT /GOVERNMENT CONTRACT
Funding Source:
THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AND
DAVID LAWRENCE MENTAL HEALTH CENTER, Inc.
THIS CONTRACT is made and entered into by and between Collier County, a political subdivision of
the State of Florida, hereinafter referred to as "COUNTY" and David Lawrence Mental Health
Center, Inc. d /b /a David Lawrence Center, a private nonprofit corporation existing under the
laws of the State of Florida, hereinafter referred to as "DAVID LAWRENCE CENTER ".
WHEREAS, this Agreement is funded by local funds matched with Federal funds as provided in
the October 23, 2012 Letter of Agreement between COUNTY and Agency for Healthcare Care
Administration that allows COUNTY participation in an intergovernmental transfer program, and,
WHEREAS, COUNTY believes it to be in the public interest to provide substance abuse and
mental health services to the Collier County residents through the DAVID LAWRENCE CENTER
according to this Contract, and
NOW THEREFORE, in consideration of the mutual covenants, promises, and representations
contained herein COUNTY and the DAVID LAWRENCE CENTER agree as follows:
ARTICLE I SCOPE OF SERVICES
Provision of substance abuse and mental health services in accordance with Exhibit 5.
Program must be implemented to serve residents of Collier County in accordance with Chapters
394 and 397, Florida Statutes, and all exhibits hereto.
ARTICLE 11 TERM OF CONTRACT
This Contract shall begin October 1. 2012 and end September 30. 2013 unless terminated as
specified in Article IX, Suspension /Termination. The COUNTY may, at its discretion and with the
consent of the DAVID LAWRENCE CENTER, renew the Agreement under all of the terms and conditions
contained in this Agreement for three (3) additional one (1) year periods. The COUNTY shall give DAVID
LAWRENCE CENTER written notice of the COUNTY's intention to extend the Agreement term not less
than ten (10) days prior to the end of the Agreement term then in effect.
ARTICLE III COMPENSATION AND REPORTS
A. Contract Payment
Once invoiced by the DAVID LAWRENCE CENTER and validated, the COUNTY will
submit payments on a quarterly reimbursement basis to the Naples Community Hospital
for services delivered in accordance with Exhibit 5. The DAVID LAWRENCE CENTER
agrees to accept as full compensation the total annual amount not to exceed
$1.154,200.00 as committed to by the County and total - compensation through the
matching program of $1.385.040.00. Payments wish d r,r;ry for work
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12/11/2012 Item 16.D.18.
completed and /or services delivered during the term of the contract as stated in ARTICLE
II: TERM OF CONTRACT, and prior to the payment request date. Documentation of
eligible expenses will be provided as stated in Article III C. Contract Deliverables.
Payment is subject to the provisions of Article III B Deferred Payment /Return of Funds and
Article IX, Suspension /Termination. All requests for payment shall be submitted in
accordance with Exhibit 1. Funding is contingent upon the availability of funds.
SALES TAX. The DAVID LAWRENCE CENTER shall pay all sales, consumer, use and other similar
taxes associated with the Work or portions thereof, which are applicable during the performance of
the Work.
The COUNTY has agreed
contracts, this contract is
fixed unit rate, as detailed
to purchase the service(s) listed in Article I. For unit rate
for the payment of a fixed number of units of service at the
in Exhibit 5.
B. Deferred Payment /Return of Funds
The COUNTY may defer payment to the DAVID LAWRENCE CENTER for
noncompliance with contract deliverables or program requirements.
If, as a result of monitoring or audit, units of service provided are not properly
documented, a payment may be deferred. If units are found to be unallowable, no
future payments will be made until the full amount of overpayment is remitted to
the COUNTY or a repayment agreement is accepted by the COUNTY. If the
monitoring or audit occurs after the term of this contract, the DAVID LAWRENCE
CENTER will be required to remit funds to the COUNTY in accordance with the
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Approved Budget
Category
Annual County
Program Area
and AHCA
Total Program Area
Funding
Allocation
Adult Mental
(a) Emergency
$563,000
$1,039,000
Health
Services
(b)Medical Services
$363,000
(c)Immokalee
Medical
$25,000
(d)Immokalee
$88,000
Outpatient
Adult
(a) Detox
$100,000
$230,000
Substance
Abuse
(b) Outpatient
$60,000
(c)Drug Court
$70,000
Children's
(a) Medical
$58,040
$116,040
Mental Health
b Urgent Care
$58,000
B. Deferred Payment /Return of Funds
The COUNTY may defer payment to the DAVID LAWRENCE CENTER for
noncompliance with contract deliverables or program requirements.
If, as a result of monitoring or audit, units of service provided are not properly
documented, a payment may be deferred. If units are found to be unallowable, no
future payments will be made until the full amount of overpayment is remitted to
the COUNTY or a repayment agreement is accepted by the COUNTY. If the
monitoring or audit occurs after the term of this contract, the DAVID LAWRENCE
CENTER will be required to remit funds to the COUNTY in accordance with the
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repayment conditions below.
The DAVID LAWRENCE CENTER agrees to return
overpayments due to funds disallowed pursuant to the
and /or COUNTY, State or Federal requirements. Th e
CENTER will be required to reimburse the COUNTY
compliance resulting in disallowed costs or fines.
C. Contract Deliverables
12/11/2012 Item 16.D.18.
to the COUNTY any
terms of this Contract
DAVID LAWRENCE
for any acts of non-
1. Required Reports (checked boxes are applicable)
0 EXHIBIT 1- Payment Request - Due: Quarterly by the 20th of the following month.
All payments will be reimbursement for expenses /services rendered during the contract term
and paid prior to final payment request due date as indicated in the Contract Closeout Section
(Article III 2 D). Copies of supporting documentation are required as part of the Payment
Request for review before payment will be made by Housing, Human and Veteran Services.
Reimbursement for eligible expenses will be made after review and authorization of a correct
and complete Exhibit 1 and all required back -up documentation. Eligible ex ?enses are defined as
uncompensated expenses /services delivered during the term of the contractland paid prior to final
payment request due date as indicated in the Contract Closeout Section (Article III 2 D).
Appropriate back -up /supporting documentation may be requested at anytime and
may include, but is not limited to: cancelled checks, vendor invoices, authorized
purchase orders, attendance /service logs, other funder invoices, expenditure
spreadsheets or other original documentation, as well as a copy of the DAVID
LAWRENCE CENTER'S check issued with authorized signature. Two -sided copies of
back -up documentation are preferred.
The Exhibit 1 (Payment Request) must be submitted with an authorized
signature.
Processing of payment requests is also subject to requirements and conditions as
outlined in Exhibit 5 Program Guidelines.
0 EXHIBIT 2- Program /Demographics /Beneficiary Report —Due: As
indicated on Exhibit 2.
0 EXHIBIT 3 — Performance Outcomes Report — Due: As indicated on
Exhibit 3.
0 EXHIBIT 4 - Certificate of Insurance - Insert in contract.
0 EXHIBIT 5 — Statement of Work — Insert in contract.
For all reports except the Exhibit 1 (Payment Request), either an email or hard copy of reports is
acceptable. The Exhibit 1 (Payment Request) must have original signatures. Other reports requiring
signatures can have an electronic signature or a scanned copy of the report with signature.
2. Reauired Documents
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12/11/2012 Item 16.D.18.
Q Audited Financial Statement and Management Letter for fiscal year(s) in which
contract funds are expended — Due Date: Non profits - 180 days following the
end of DAVID LAWRENCE CENTER'S fiscal year(s);
Q Copy of latest IRS Form 990 Return of Organization Exempt From Income Tax -
Due Date: Non profits — 180 days following the end of DAVID LAWRENCE
CENTER'S fiscal year(s)
E1 Monitoring Reports — A CORY of monitorina reports issued from other
sources that fund any program covered under this contract and copies of DAVID
LAWRENCE CENTER'S response to the funding agency are due to the COUNTY
no later than 30 days after receipt by the DAVID LAWRENCE CENTER.
D. Contract Closeout
Q State Mandated: Final Payment Request — Due: 30 days after contract end
ARTICLE IV AUDITS, MONITORING, AND RECORDS
A. Monitoring
The DAVID LAWRENCE CENTER agrees to permit persons duly authorized by the
COUNTY to inspect all records, papers, documents, facility's goods and services of the
DAVID LAWRENCE CENTER and /or interview any clients and employees of the DAVID
LAWRENCE CENTER to be assured of service delivery and performance of the terms and
conditions of this contract to the extent permitted by the law after giving the DAVID
LAWRENCE CENTER reasonable notice. The monitoring is a limited scope review of the
contract and agency management and does not relieve the DAVID LAWRENCE CENTER
of its obligation to manage in accordance with applicable rules and sound management
practices.
Following such monitoring the COUNTY will deliver to the DAVID LAWRENCE CENTER a
written report regarding the manner in which services are being provided. The DAVID
LAWRENCE CENTER will be requested to respond and rectify all noted deficiencies within
the specified period of time indicated in the monitoring report or provide the COUNTY
with a reasonable and acceptable justification for not correcting the noted shortcomings.
The DAVID LAWRENCE CENTER'S failure to correct or justify the deficiencies within the
time specified by the COUNTY may result in the withholding of payments, being deemed
in breach or default, or termination of this Contract.
B. Audits and Inspections
The DAVID LAWRENCE CENTER will make all records referenced in Article IV. C. and all
items included on financial statements available for audit or inspection purposes at any
time during normal business hours and as often as COUNTY deems necessary.
The Clerk of Courts Internal Audit Division, the Federal or State grantor agency (if
applicable), Collier County employees, or any of their duly authorized representatives have
the right of timely and unrestricted access to any books, documents, papers, or other
records of DAVID LAWRENCE CENTER or Certified Public Accountant (CPA) that are
pertinent to the contract, in order to make audits, examinations, excerpts, transcripts and
copies of such documents. If contract non - compliance or material weaknesses in the
organization are noted, the COUNTY or other authorized representatives have the right to
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12/11/2012 Item 16.D.18.
unlimited access to records during an audit or inspection. This includes timely and
reasonable access to a DAVID LAWRENCE CENTER'S personnel for the purpose of
interview and discussion related to such documents.
C. Records
The DAVID LAWRENCE CENTER shall retain all financial, client demographics, and
programmatic records, supporting documentation, statistical records, and other records,
which are necessary to document service provision, expenditures, income and assets of
the DAVID LAWRENCE CENTER by funding source, program, and functional expenses
category during the term of this contract and a minimum of three (3) years from the date
of contract expiration. The retention period may be longer depending on the funding
source. If any litigation, claim, negotiation, audit, or other action involving the records
has been initiated before the expiration of the retention period, the records shall be
retained for one (1) year after the final resolution of the action and final resolution of all
issues that arise from such action.
D. Indeuendent Audit
A complete independent financial audit of the agency's financial statements in accordance
with Generally Accepted Accounting Principals (GAAP) and /or current Generally Accepted
Government Auditing Standards (GAGAS) as applicable is required and must include the
following:
• auditor's opinion
• requisite reports on internal control and compliance, if required
• management letter addressing internal controls (Note: If there were no items to be
addressed, the letter must still be completed and state that no comments were noted.)
• management's response to such letter
• the programs that are funded by this Collier County contract either in the statement of
functional expenses, revenues and expenditures, footnotes, schedule of Federal
awards and State financial assistance or as supplemental data in the financial
statements. The statement should be consistent with programs detailed in the
corresponding proposal(s), exhibit(s), and attachment(s).
An original, bound or disk version from auditors must be submitted. The audit must be
submitted to the COUNTY no later than one hundred eighty (180) days following the end
of a non- profit DAVID LAWRENCE CENTER'S fiscal year. If applicable, any corrective
action plan must be submitted. Failure to submit the report within the required time
frame can result in the withholding of payment, or termination of the contract by the
COUNTY.
The audit must be conducted by an independent, licensed certified public accountant with
an unqualified opinion on their current peer review and must be in accordance with the
General Accounting Office (GAO) Yellow Book, Generally Accepted Government Auditing
Standards, OMB Circular A -133 "Audits of States, Local Governments and Non - Profit
Organizations" if applicable, the Florida Single Audit Act (F.S. 215.97) if applicable, and
the Auditor General Rule 10.550 (Government) or 10.650 (Not For Profit) as applicable.
Copy of the latest Form 990 must also be submitted no later than one hundred eighty
(180) days following the end of a DAVID LAWRENCE CENTER'S fiscal year.
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12/11/2012 Item 16.D.18.
ARTICLE V AMENDMENTS
DAVID LAWRENCE CENTER must submit in writing a request for any contract amendment, and
provide supporting documentation for the request which details the nature of, and justification
for the requested change and the desired effective date of the change(s). The COUNTY reserves
the right to approve or deny all contract amendments requests. An amendment shall be
documented and signed by authorized representatives of both parties.
ARTICLE VI CONTRACTOR STATUS
A. Independent Contractor
It is the Parties' intention that the DAVID LAWRENCE CENTER will be an independent
contractor and not the County's employee for all purposes, including, but not limited to,
the application of the Fair Labor Standards Act minimum wage and overtime payments,
Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment
Tax Act, the provisions of the Internal Revenue Code, Florida revenue and taxation law,
Florida Worker's Compensation law and Florida Unemployment Insurance Law. The
DAVID LAWRENCE CENTER will retain sole and absolute discretion in the judgment of
the manner and means of carrying out the DAVID LAWRENCE CENTER'S activities and
responsibilities hereunder. The DAVID LAWRENCE CENTER agrees that it is a separate
and independent enterprise from the public employer, that it has made its own investment
in its business, and that it will utilize a high level of skill necessary to perform the work.
This agreement shall not be construed as creating any joint employment relationship
between the DAVID LAWRENCE CENTER and COUNTY, and COUNTY will not be liable
for any obligation`incurred by the DAVID LAWRENCE CENTER, including, but not limited
to, unpaid minimum wages and /or overtime premiums.
NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the DAVID LAWRENCE CENTER or to constitute
the DAVID LAWRENCE CENTER as an agent of the COUNTY.
B. Subcontracts
Primary roles and responsibilities of DAVID LAWRENCE CENTER cannot be
subcontracted. It is mutually agreed that any program component that is subcontracted
by DAVID LAWRENCE CENTER must have a written contract upon execution of this
contract. Procurement and /or bidding of non primary roles and responsibilities must be
awarded on a fair and non collusive basis and must be in compliance with all applicable
Collier County, State of Florida and Federal standards. The DAVID LAWRENCE CENTER
must ensure each subcontractor conforms to the terms and conditions of this contract and
if applicable Attachment A, Program Guidelines and must be subject to indemnification as
stated in Article VIII.
ARTICLE VII CONFLICT OF INTEREST
The DAVID LAWRENCE CENTER agrees that it presently has no interest and shall acquire
no interest, either direct or indirect, which would conflict in any manner with the
performance of services required in this contract. The DAVID LAWRENCE CENTER
further agrees that no person having any such interest shall be employed or engaged for
said performance. The DAVID LAWRENCE CENTER agrees that no employee, officer,
agent of the DAVID LAWRENCE CENTER or its sub recipients shall participate in the
selection, award or administration of a contract or construction bid if a conflict -of- interest,
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12/11/2012 Item 16.D.18.
either real or implied, would be involved. The DAVID LAWRENCE CENTER or sub
recipient employees, officers and agents should refrain from accepting gratuities, favors or
anything of monetary value from contractors or potential contractors based on the
understanding that the receipt of such an Item of value would influence any action or
judgment of the DAVID LAWRENCE CENTER.
For federally funded contracts, conflict -of- interest provisions described in 24 CFR 85.36 and
84.42 and all other established, applicable HUD regulations must be followed.
ARTICLE VIII RISK MANAGEMENT
A. Hold Harmless and Indemnity Clause
To the fullest extent permitted by applicable law, DAVID LAWRENCE CENTER shall
protect, defend, indemnify, save and hold COUNTY, the Board of County Commissioners,
its agents, officials, and employees harmless from and against any and all claims,
demands, fines, loss or destruction of property, liabilities, damages, for claims based on
the negligence, misconduct, or omissions of the DAVID LAWRENCE CENTER resulting
from the DAVID LAWRENCE CENTER'S work as further described in this contract, which
may arise in favor of any person or persons resulting from the DAVID LAWRENCE
CENTER'S performance or non - performance of its obligations under this contract except
any damages arising out of personal injury or property claims from third parties caused
solely by the negligence, omission(s) or willful misconduct of the County, its officials,
commissions, employees or agents, subject to the limitations as set out in Florida general
law, Section 768.28, Florida Statutes, as amended. Further, DAVID LAWRENCE
CENTER hereby agrees to indemnify the County for all reasonable expenses and
attorney's fees incurred by or imposed upon the County in connection therewith for any
loss, damage, injury or other casualty. DAVID LAWRENCE CENTER additionally agrees
that the County may employ an attorney of the County's own selection to appear and
defend any such action, on behalf of the County, at the expense of the DAVID
LAWRENCE CENTER. The DAVID LAWRENCE CENTER further agrees to pay all
reasonable expenses and attorney's fees incurred by the County in establishing the right
to indemnity.
The DAVID LAWRENCE CENTER further agrees that it is responsible for any and all
claims arising from the hiring of individuals relating to activities provided under the
Contract. All individuals hired are employees of the DAVID LAWRENCE CENTER and not
of the COUNTY.
Duty to Defend: The duty to defend under this Article VIII is independent and separate
from the duty to indemnify, and the duty to defend exists regardless of any ultimate
liability of the DAVID LAWRENCE CENTER, 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 the DAVID LAWRENCE CENTER. The DAVID
LAWRENCE CENTER'S obligation to indemnify and defend under this Article VIII will
survive the expiration or earlier termination of this Agreement 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.
B. Insurance — Non- Profit DAVID LAWRENCE CENTER
The DAVID LAWRENCE CENTER agrees to secure and maintain the insurance coverage
outlined below during the term of this Contract. The DAVID LAWRENCE CENTER agrees
that this insurance requirement shall not relieve or limit DAVID LAWRENCE CENTER'S
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liability and that the COUNTY does not in any way represent that the insurance required
is sufficient or adequate to protect the DAVID LAWRENCE CENTER'S interests or
liabilities, but are merely minimums.
Certificate(s) of Insurance naminaCo// ier County Board of County Commissioners
as
Certificate Ho /der and additional insured will be attached to this contract as an
exhibit. Name and address for Certificate Holder should be: Collier County Board of
County Commissioners. Certificate(s) must be provided for the following:
1. Workers' Compensation— Statutory benefits as defined by Florida Statute 440
encompassing all operations contemplated by this contract or agreement to apply
to all owners, officers, and employees. Employers' liability will have minimum limits
of:
$100,000 per accident
$500,000 disease limit
$100,000 disease limit per employee
2. Commercial General Liability — Coverage shall apply to premises and /or
operations, products and /or completed operations, independent contractors,
contractual liability, and broad form property damage exposures with minimum
limits of:
$100,000 bodily injury per person (BI)
$300,000 bodily injury per occurrence (BI)
$100,000 property damage (PD) or
$300,000 combined single limit (CSL) of BI and PD
The General Liability Policy Certificate shall name "Collier County, a political
subdivision of the State of Florida, its agents, employees, and public
officials" as "Additional Insured ". The DAVID LAWRENCE CENTER agrees
that the coverage granted to the Additional Insured applies on a primary basis,
with the Additional Insured's coverage being excess.
3. Business Auto Liability — The following Automobile Liability will be required and
coverage shall apply to all owned, hired, and non -owned vehicles used with
minimum limits of:
$100,000 bodily injury per person (BI)
$300,000 bodily injury per occurrence (BI)
$100,000 property damage (PD) or
$300,000 combined single limit (CSL) of BI and PD
4. Directors & Officers Liability — Entity coverage to cover claims against the
organization directly for wrongful acts with limits not less than $100,000.
5. Fidelity Bonding — Covering all employees who handle the agency's funds. The
bond amount must be equivalent to the highest daily cash balance or a minimum
amount of $50,000.
C. Notice of cancellation or modification
The COUNTY will be given thirty (30) days notice prior to cancellation or modification of
any stipulated insurance. Such notification will be in writing by registered mail, return
receipt requested and addressed to the Grant Coordinator.
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12/11/2012 Item 16.D.18.
ARTICLE IX SUSPENSION /TERMINATION
A. Suspension
The COUNTY reserves the right to suspend funding for failure to comply with the
requirements of this contract. Agencies that fail to submit required documents by the due
date can be suspended, and payment will be withheld until all requirements are satisfied.
In the event DAVID LAWRENCE CENTER ceases operation for any reason or files for
protection from creditors under bankruptcy law, any remaining unpaid portion of this
Contract, less funds for expenditures already incurred, shall be retained by the COUNTY
and the COUNTY shall have no further funding obligation to the DAVID LAWRENCE
CENTER with regard to those unpaid funds.
B. Termination by COUNTY
The COUNTY may at any time and for any reason cancel this Contract by giving thirty
days (30) written notice to the DAVID LAWRENCE CENTER by Certified Mail following a
determination by the Board of County Commissioners, at its sole discretion, that such
cancellation is in the best interest of the people of the county. From the date of
cancellation, neither party shall have any further obligation unless specified in the
termination notice.
For unit rate contracts, if program is not operational within forty- five (45) days from
contract start date, funds for said program will be withdrawn and contract will be
amended or terminated.
C. Termination by DAVID LAWRENCE CENTER
The DAVID LAWRENCE CENTER may at any time and for any reason cancel this
Contract by giving thirty days (30) prior written notice to the COUNTY by Certified Mail of
such and specifying the effective date.
COUNTY'S obligation to make any payments under any provision of this Contract shall
cease on the effective date of termination.
ARTICLE X ASSURANCE, CERTIFICATIONS, AND COMPLIANCE
The DAVID LAWRENCE CENTER agrees that compliance with these assurances and
certifications constitutes a condition of continued receipt of or benefit from funds provided
through this Contract, and that it is binding upon the DAVID LAWRENCE CENTER, its
successors, transferees, and assignees for the period during which services are provided.
PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for
the prosecution of the Work shall be obtained by the DAVID LAWRENCE CENTER. Payment
for all such permits issued by the COUNTY shall be processed internally by the COUNTY. All
non - COUNTY permits necessary for the prosecution of the Work shall be procured and paid for by
the DAVID LAWRENCE CENTER. The DAVID LAWRENCE CENTER shall also be solely
responsible for payment of any and all taxes levied on the DAVID LAWRENCE CENTER. In
addition, the DAVID LAWRENCE CENTER shall comply with all rules, regulations and laws of
Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted.
The DAVID LAWRENCE CENTER agrees to comply with all laws governing the responsibility of
an employer with respect to persons employed by the DAVID LAWRENCE CENTER.
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IMMIGRATION LAWS:
The COUNTY will not intentionally award contracts to any contractor /vendor who
knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and
Nationality Act (INA).
The COUNTY shall consider the employment by DAVID LAWRENCE CENTER of
unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the
recipient of the employment provisions contained in Section 274A(e) of the INA shall be
grounds for unilateral cancellation of the contract by the COUNTY.
OTHER REQUIREMENTS:
The DAVID LAWRENCE CENTER further assures that all contractors, subcontractors, or
others with whom it arranges to provide services or benefits to participants or employees
in connection with any of its programs and activities are not discriminating against those
participants or employees in violation of statutes, regulations, guidelines and standards.
By acceptance of this funding, the DAVID LAWRENCE CENTER assures and certifies the
following:
A. That they will comply with all applicable laws, ordinances, and regulations of the
United States, the State of Florida, the COUNTY, and the municipalities as said
laws, ordinances, and regulations exist and are amended from time to time. In
entering into this contract, the COUNTY does not waive the requirements of any
COUNTY or local ordinance or the requirements of obtaining any permits or
licenses that are normally required to conduct business or activity contemplated by
the DAVID LAWRENCE CENTER.
B. That they will comply with all applicable Federal, State and local anti - discrimination
laws.
C. That they will administer their programs under procedures, supervision,
safeguards, and such other methods as may be necessary to prevent fraud and
abuse, and that it will target its services to those who most need them.
D. That if clients are to be transported under this contract, the DAVID LAWRENCE
CENTER will comply with the provisions of Chapter 427, Florida Statutes, which
requires the coordination of transportation for the disadvantaged.
E. That any products or materials purchased with contract funds shall be procured in
accordance with the provisions of Chapter 403.7065, Florida Statues, which refers
to the procurement of products or materials with recycled content.
F. That they will comply with Chapter 39.241, Florida Statutes, that any person who
knows, or has reasonable cause to suspect, that a child is abused, abandoned, or
neglected by a parent, legal custodian, caregiver, or other person responsible for
the child's welfare, as defined in this chapter, shall report such knowledge or
suspicion to the Florida Abuse Hotline (1- 800 -962- 2873).
G. That they will comply with Chapter 415.1034, Florida Statutes, that any person who
knows or has reasonable cause to suspect that a vulnerable and or disabled adult
has been abused, neglected, or exploited, shall immediately report such knowledge
or suspicion to the Florida Abuse Hotline (1- 800 -962- 2873).
Packet Page -3550-
Page 10 of 46
12/11/2012 Item 16.D.18.
H. That if personnel in programs under this contract work directly with children or
youths and vulnerable or disabled adults, the DAVID LAWRENCE CENTER will
comply with the provisions of Chapters 435.03 and 435.04, Florida Statutes, which
requires employment screening.
1. That they will comply with Chapter 216.347, Florida Statutes, which prohibits the
expenditure of contract funds for the purpose of lobbying the legislature, State or
county agencies.
J. That they will notify the COUNTY immediately of any funding source changes
and /or additions from other sources that are different from that shown in the
DAVID LAWRENCE CENTER'S application /proposal. This notification must
include a statement as to how this change in funding affects provision of service as
well as the use of and continued need for COUNTY funds.
K. That they will acknowledge support for activities funded wholly or in part by
COUNTY funds. In publicizing, advertising, or describing the sponsorship of the
program, state "Sponsored by Collier County Board of County Commissioners ".
If the sponsorship is in written material, the words "Collier County Board of
County Commissioners" shall appear in the same size letters or type as the name
of the organization.
L. That they will notify the COUNTY of any SIGNIFICANT changes to the DAVID
LAWRENCE CENTER organization to include Board Membership (roster), Articles
of Incorporation and Bylaws within ten (10) working days of the effective date.
M. For federally funded programs, that they will comply with applicable uniform
administrative requ irements as described in 24 CFR part 84 and 85 and HUD
requirements as described in 24 CFR part 5.
N. The DAVID LAWRENCE CENTER shall comply with requirements as defined in section
504 of the Rehabilitation Act of 1973
(http : /Iwww sectionSO8.gov/ index .cfm ?FuseAcction =Content&ID =15) and the American
Disability Act (ADA) (hap: / /www.ada.gov /) as implemented by 28 CFR Part 35
(http : / /ecfr. a Doa ccess. a ov/ cg i /t /text/text-
idx? c= ecfr &tpl = /ecfrbrowse/Title28 /28cfr35 main 02.tpl .
A Single- Point -of- Contact shall be required if the agency employs fifteen (15) or more
employees. The Single - Point -of- Contact will ensure effective communication with deaf
or hard -of- hearing customers or companions in accordance with Section 504 and the
ADA and coordinate activities and reports with the DAVID LAWRENCE CENTER's
Single- Point -of- Contact.
O. The DAVID LAWRENCE CENTER shall ensure that Collier County funds are restricted to
people legally able to reside in the United States and Collier County residents.
ARTICLE XI HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF
1996 (HIPAA)
The COUNTY, pursuant to the Federal Health Insurance Portability and Accountability Act of 1996
(HIPAA) is a "covered entity" as the law defines that term. Any "personal health information"
(PHI) as defined by the law that the COUNTY receives pursuant to this Agreement is subject to
the disclosure and security requirements of HIPAA. Transfer of information to the COUNTY
Packet Page -3551-
Page t 1 of 46
12/11/2012 Item 16.D.18.
sufficiently "de- identified" to no longer be considered PHI is encouraged as being in the best
interest of client PHI confidentiality to the extent that client services are unaffected. Particular
methods to accomplish the highest levels of client service coupled with PHI confidentiality shall be
an on -going task of the effected staffs of the COUNTY and DAVID LAWRENCE CENTER.
ARTICLE XII CONTRACT DISPUTE RESOLUTION PROCEDURE
VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement 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
Any dispute between the parties with respect to provisions contained in a Collier County BoaRD OF County
Commissioner contract or issues that arise pertinent to a contract shall be resolved as follows:
The parties may, by mutual agreement, attempt to resolve their dispute in the following manner within a
thirty (30) day period. If both parties are in agreement, the thirty (30) day time period can be extended for
an additional ten (10) days.
a. Duly authorized representatives shall meet as often as mutually agreeable to discuss in good faith
the dispute and to negotiate a mutually agreeable resolution. Authorized representatives for HHVS
include Grant Coordinator, and Manager of Federal and State Grants.
b. During the course of the dispute process requests made by one Party to the other for non - privileged
information, reasonably related to the dispute shall be responded to in good faith.
c. If the dispute is unable to be resolved between the authorized representatives within the specified
time period, it will be forwarded to the Department Director for resolution. A decision by the
Director will be issued within ten days.
d. If the dispute remains unresolved after the Department Director's decision, the issue including all
pertinent background information will be forwarded to the Division Administrator for consideration.
e. Either Party may at any time commence formal court proceedings, which shall be immediately
communicated in writing, and will end the process of Dispute Resolution as described in this section.
ARTICLE XIII NOTICES
Official notices concerning this Contract will be directed to the following authorized representatives:
DAVID LAWRENCE CENTER: COUNTY:
Name:
Title:
Agency:
Address:
Telephone:
Fax:
E -Mail .
Name: Attn: LISA CARR
Title: Grant Coordinator
Agency: Housing. Human and Veteran Svc
Address: 3339 East Tamiami Trail Suite
211 Naples, Florida 34112
Telephone: _1239) 252 -2339
Fax: (239) 252- 6517
E -Mail: LISACARR@COLLLIERGOV.NET
The signatures of the two persons shown below are designated and authorized to sign
all applicable reports:
OR
Name (printed /typed) Name (printed /typed)
Packet Page -3552 -
Page 12 of 46
12/11/2012 Item 16.D.18.
Signature
Signature
Title Title
In the event that either party designates different representatives after execution of this
contract, notice of the name and address of the new representative will be rendered in writing by
authorized officer of DAVID LAWRENCE CENTER to the COUNTY.
ARTICLE XIV SPECIAL PROVISIONS
DISASTER /EMERGENCY ASSISTANCE. If needed, DAVID LAWRENCE CENTER may be
called upon to assist the COUNTY during a natural disaster or emergency. This includes the use
of the DAVID LAWRENCE CENTER'S facility to assist with Emergency Food Stamp pre
registration if facility is operational and computer terminals are available. DAVID LAWRENCE
CENTER will be responsible to notify United Way 211 immediately after a disaster declaration if
the location is accessible and operational and of any DAVID LAWRENCE CENTER staff who are
available to assist with recovery efforts.
SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties
herein that this Agreement is subject to appropriation by the Board of County Commissioners.
PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any
COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision
may result in one or more of the following consequences: a. Prohibition by the individual, firm,
and /or any employee of the firm from contact with COUNTY staff for a specified period of time; b.
Prohibition by the individual and /or firm from doing business with the COUNTY for a specified
period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c.
immediate termination of any contract held by the individual and /or firm for cause
ASSIGNMENT: DAVID LAWRENCE CENTER shall not assign this Agreement or any part thereof,
without the prior consent in writing of the COUNTY. Any attempt to assign or otherwise transfer
this Agreement, or any part herein, without the COUNTY's consent, shall be void. If DAVID
LAWRENCE CENTER does, with approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward DAVID LAWRENCE CENTER all
of the obligations and responsibilities that DAVID LAWRENCE CENTER has assumed toward the
COUNTY.
ARTICLE XV ALL TERMS AND CONDITIONS INCLUDED
ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the
Contract Documents, the terms of the Agreement shall take precedence over the terms of all other
Contract Documents.
This contract and its attachments, and any exhibits referenced in said attachments, together with
any documents incorporated by reference, contain all the terms and conditions agreed upon by
the parties. There are no provisions, terms, conditions, or obligations other than those contained
herein, and this contract shall supersede all previous communications, representations, or
agreements, either verbal or written between the parties. If any term or provision of this contract
is legally determined unlawful or unenforceable, the remainder of the contract shall remain in full
force and effect and such terms or provisions shall be stricken.
Pag Packet Page -3553-
12/11/2012 Item 16.D.18.
IN WITNESS THEREOF, DAVID LAWRENCE CENTER and COUNTY have caused this 46 page
contract and all Contract Exhibits and Attachments as indicated on next page to be executed by
their undersigned officials as duly authorized.
Pag, Packet Page -3554-
DAVID LAWRENCE CENTER:
Name (print)
(Signature of authorized officer)
./"
Title
II/
Date
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged
before me this JO&day of &h j > "2012,
by ` > al 0-1 c , A 4 f
who is personally known to m6 or who has
produced as identification
and who ❑ did (A did not) take an oath.
NOTARY:
By:
'`Notary of Pubic (S gnature)` ;,
gg
Name (type
�" IGERLY K. MAYEU
:r` WCOMI�110014 #01)967795
EXPIRES; June 29, 2094
Bondod Thtu Notwy Public IhitlerwrNera
12/11/2012 Item 16.D.18.
COLLIER COUNTY:
By: FRED W,COYLE
Name (print)
(Signature of authorized officer)
Chairman. Board of County Commissioners
Title
Date'
ATTEST: CLERK OF CIRCUIT COURT
By:
Title:
Date:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
COUNTY ATTORNEY'S OFFICE
By:
Titles
Date: rc.
Packet Page -3555-
EXHIBIT 1
PAYMENT REQUEST
Line Item Contract
Mac: Ur CoWwr Caa-4y , "&Tar x* Veteran Saftjej,
AiTV; Lss Carr, G ant Caar*natar
FAX
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RePOMN are due bf me tsesreetier. =Wndar cavaltw ties sna &F*% rrc,amns, —AM
Lonna*
12/11/2012 Item 16.D.18.
AWW- flaAd L&A"noe Center
btalimg Adddess:
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C. "arias Foewwd send
i D. Total Pam
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of priArmoMh
Expeaditlraes for
ReportingP3caiaaF
Reportitsll Period (Cat C p)-
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b➢eA Mathe itl a'-mrdanorvnth 214 Spptcabte stah"s, neaUtalieft and
aofy =vast I urdermtand trial knovvtrGiy providing fame mfamabon
t invu9patan and prose on.
Pag Packet Page -3556-
BY signing below, I certify that to the bestor my
pnowkedge and aWfies, the work anWor setmloes
rovkted have been inspected, monitored or reviewsd an
appear to be in compliance with all appii=Ws si duw,
La
12/11/2012 Item 16.D.18.
OAWD LAWRENCE CENTER
DEMOGRAPHICS OF CLIENTS SERVED Re orti
iod: October
1 2012 - September
30 2013
UNDUPLICATED CLIENT
Adult
Adult
Children's
Child/Adolesc.
CHARACTERISTICS
Mental
Substance
Mental
Substance
Health
Abuse
Health
Abuse
Total Number getved
GE GROUP 17777 7 77
�S and under
6 - 12 years
13 -17 years
I I I 1 Total I
-_ --
I
Total
LEGAL RESIDENCE AT REFERRAL I I I
34113
1108
120
1108
34108
C:Ukwuments and SeftpAgeoffreMagoffiLocal Set8npITenq rotary htemet FlkslCantmGOutiookU EA02ESZ\Exhibt 2 Denapaphics 0 L 2013
FORM
Pay Packet Page -3557-
12/11/2012 Item 16.D.18.
EXHIBIT 3
PERFORMANCE OUTCOME REPORT
Provider Name: David Lawrence Center
Program: Emergency Services
Section 1 OAT Y to be completed at time of contract execution.
Section 2 to be completed for full term of the contract due October 31, 2013
for time period 10/01/12- 9/30/13
SECTION ONE
To Be Completed and returned with contract
OUTCOME # 1:
Crisis Stabilization Unit
1. Outcome Statement including # or %: 1,200 admissions (10% increase from previous year) will
be processed to the Crisis Stabilization Unit during contract year.
2. List the Activities or Services provided by this program. The Crisis Stabilization Unit provides short
term, inpatient crisis stabilization and support for individuals or adults who are either at risk of
harming themselves or others due to a mental health crisis. David Lawrence Center manages the
only Baker Act receiving facility for Collier County which includes emergency services and the
Crisis Stabilization Unit.
3. How is outcome measured? List the tools /approaches /methods used to track or measure this
outcome.
Outcome information is tracked via electronic medical record and presented quarterly via
internal reports capturing numbers of CSU admissions.
END OF SECTION ONE .
Pag Packet Page -3558-
12/11/2012 Item 16.D.18.
PERFORMANCE OUTCOME REPORT
Provider Name: David Lawrence Center
Program: Emerg-ency Services
,SECTION TWO
Reporting Penod . Contract year October 1, 2012 September 30, 2013 .
Due QUARTERLY
Can be submitted by mail, email or fax
OUTCOME # 1:
Crisis Stabilization Unit
1. Outcome Statement including # or %: 1.200 admissions (10% increase from previous year) will
be processed to the Crisis Stabilization Unit during contract year.
2. From data collected during the term of the contract, provide the following information:
A. How many admissions were processed. into this program during the specified time period?
B. How many unduplicated clients were measured for this outcome during the time period?
C. if answers A and B are different, explain why (sampling, outcome population definition,
etc.)? N /f1
END OF SECTION TWO 7 77771
Agencies are welcome to submit a %2 page narrative explanation. This could include explanation
regarding your actual versus target percentage and any comments about the outcome results or the
outcome process.
page Packet Page -3559-
12/11/2012 Item 16.D.18.
PERFORMANCE OUTCOME REPORT
Provider Name: David Lawrence Center
Program: Emergency Services
Section 1 ONLY to be completed at time of contract execution.
Section 2 to be completed for full term of the contract due October 31, 2013
for time period 10/01/12- 9/30/13
SECTION ONE
To Be Completed and returned with contract
OUTCOME # 2:
Emergency Services Assessment Center
1. Outcome Statement including # or %: 1, 451 assessments will be completed in the Emergency
Services Assessment Center during contract year.
2. List the Activities or Services provided by this proms. The Emergency Services Assessment Center
provides Psychiatric Evaluations and Clinical, Assessments for individuals or adults who in crisis.
These assessments are completed within the scope of the Baker Act. David Lawrence Center
manages the only Baker Act receiving facility for Collier County which includes emergency services
and the Crisis Stabilization Unit,
3. How is outcome measured? List the tools /approaches /methods used to track or measure this
outcome.
Outcome information is tracked via electronic medical record and presented quarterly via
internal reports capturing numbers of assessments completed in the Emergency Services
Assessment Center.
END OF SECTION ONE
Pag Packet Page -3560-
12/11/2012 Item 16.D.18.
PERFORMANCE OUTCOME REPORT
Provider Name: David Lawrence Center
Program: Emergency Services
S
ECTION TWO .
Reporting Period Contract year October 1, 2012 September 30, 2013
Due.-QUARTERLY
Can be submitted b' ' `email or fax
y ,
OUTCOME 4 2:
Emergency Services Assessment Center
1. Outcome Statement including 4 or %: 1.451 assessments will be completed in the Emergency
Services Assessment Center during contract year.
2• From data collected
during the term of the contract, provide the following information:
A. How many assessments were completed in this program during the specified time period?
B.. How many unduplicated clients were measured for this outcome during the time period?
C. If answers A and B are different, explain why (sampling, outcome population definition,
etc.)?
Same individuals are sometimes assessed more than one time during the reporting
period.
END OF. SECTION TWO
Agencies are welcome to submit a' /z page narrative explanation. This could include explanation
regarding your actual versus target percentage and any comments about the outcome results or the
outcome process.
Pag, Packet Page -3561-