Agenda 06/26/2018 Item #16D1506/26/2018
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign Amendment #0001 to the
Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Agreement between
Collier County and the Department of Children and Families (DCF ) and the corresponding
Subrecipient Agreements between Collier County and David Lawrence Mental Health Center, Inc.
(DLC), Collier County Sheriff’s Office (CCSO), and the National Alliance on Mental Illness
(NAMI) of Collier County, and approve the amended grant budget and application.
OBJECTIVE: To maintain compliance with DCF grant requirements and implement substance abuse
and mental health services for persons in Collier County involved with the criminal justice system.
CONSIDERATIONS: The Criminal Justice Mental Health Substance Abuse (CJMHSA) Program was
established by the State to provide funding to communities. These funds can be used to plan, implement,
or expand initiatives that increase public safety, avert increased spending on criminal justice, and improve
the accessibility and effectiveness of treatment services for adults and juveniles who have a mental
illness, substance abuse disorder, or co-occurring mental health and substance abuse disorders and who
are in, or at risk of entering, the criminal justice system.
On June 13, 2017, Agenda Item #16D4, the Board of County Commissioners (Board) approved Collier’s
agreement with the Florida DCF, and on July 11, 2017, Agenda Item #16D8, the Board approved the
associated subrecipient agreements with DLC, CCSO, and NAMI of Collier County to implement a three
(3) year Criminal Justice Mental Health Substance Abuse Reinvestment Grant Program. The agreements
became effective July 1, 2017, and expire on June 30, 2020.
On April 9, 2018, Collier County received Amendment #0001 from DCF. The purpose of this amendment
is to revise the grantee contact information, add definitions, revise staffing requirements and performance
measures. As a result, Collier’s agreement, along with the subrecipient agreements, shall be amended to
reflect the following:
The agreement between Collier County and DCF is being amended as follows:
Revise contact information where the grantee’s financial and administrative
records are maintained
Add a definition for successful discharge and sustainability
Revise staff to participant ratio from 1:20 to 1:30
Provide clarification to the Planning Council requirements
Realign staff to administer the program effectively
Revise performance measure language and methodology
The agreement between Collier County and DLC is being amended as follows:
Add a definition for successful discharge and sustainability
Add staff to participant ratio of 1:30
Provide clarification to the Planning Council requirements
Outline subrecipient match obligation
Modify Exhibit G
Add Exhibit J, Monthly Financial Report
Add Exhibit K, Reconciliation of Expenditures
06/26/2018
The agreement between Collier County and CCSO is being amended as follows:
Add a definition for successful discharge and sustainability
Clarify quarterly CIT requirements
Remove the staff to participant ratio
Provide clarification on Planning Council requirements
Remove the .14 FTE Health Services Administrator
Increase the .07 FTE Grants Coordinator to a .16 FTE
Increase the .06 FTE Grants Fiscal Clerk to a .17 FTE
Increase the .35 FTE Reintegration Manager to a .40 FTE
Outline subrecipient match obligation
The agreement between Collier County and NAMI is being amended as follows:
Add a definition for successful discharge and sustainability
Provide clarification on Planning Council requirements
Remove the .3 FTE CIT and Event Coordinator
Add a .30 FTE Financial Assistant
Revise performance measure language and methodology
Outline subrecipient match obligation
Modify Exhibit G
Add Exhibit J, Quarterly Financial Report
Add Exhibit K, Reconciliation of Expenditures
FISCAL IMPACT: The proposed action has no new Fiscal impact. Funds are budgeted within Human
Services Grant Fund (707), and Human Services Match Fund (708), Project 33513.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval. - JAB
RECOMMENDATION: To: 1) Sign Amendment #0001 to the Criminal Justice, Mental Health, and
Substance Abuse Reinvestment Grant Agreement between Collier County and the DCF. 2) Sign the
corresponding Subrecipient Agreements between Collier County and DLC, CCSO, and NAMI of Collier
County.
Prepared By: Rachel Brandhorst, Grants Coordinator, Community and Human Services Division
ATTACHMENT(S)
1. DCF Amendment #0001 (PDF)
2. CCSO Amendment 1 (PDF)
3. NAMI Amendment 1 (PDF)
4. DLC Amendment 1 (PDF)
5. DLC CJMHSA Executed Grant 2017-2020 (PDF)
6. CCSO Executed CJMHSA Grant 2017-2020 (PDF)
7. NAMI executed CJMHSA Grant 2017-2020 (PDF)
8. LHZ54_Collier Executed Grant Agreement (PDF)
06/26/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.15
Doc ID: 5723
Item Summary: Recommendation to approve and authorize the Chairman to sign Amendment
#0001 to the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Agreement
between Collier County and the Department of Children and Families (DCF) and the corresponding
Subrecipient Agreements between Collier County and David Lawrence Mental Health Center, Inc.
(DLC), Collier County Sheriff’s Office (CCSO), and the National Alliance on Mental Illness (NAMI) of
Collier County, and approve the amended grant budget and application.
Meeting Date: 06/26/2018
Prepared by:
Title: Grants Coordinator – Community & Human Services
Name: Rachel Brandhorst
05/19/2018 4:36 PM
Submitted by:
Title: Division Director - Cmnty & Human Svc – Public Services Department
Name: Kimberley Grant
05/19/2018 4:36 PM
Approved By:
Review:
Community & Human Services Kristi Sonntag Additional Reviewer Completed 05/29/2018 4:23 PM
Public Services Department Kimberley Grant Additional Reviewer Completed 06/04/2018 12:55 PM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 06/04/2018 4:12 PM
Community & Human Services Blanca Aquino Luque Additional Reviewer Completed 06/04/2018 4:25 PM
Community & Human Services Maggie Lopez Additional Reviewer Completed 06/05/2018 8:18 AM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 06/05/2018 10:47 AM
Grants Erica Robinson Level 2 Grants Review Completed 06/06/2018 8:42 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/08/2018 11:59 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/11/2018 3:26 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/11/2018 3:43 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/13/2018 1:55 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/14/2018 8:33 AM
Grants Therese Stanley Additional Reviewer Completed 06/18/2018 7:52 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/18/2018 9:23 AM
06/26/2018
Board of County Commissioners MaryJo Brock Meeting Pending 06/26/2018 9:00 AM
April 1, 2018
Collier County BOCC
Contract #LHZ54
Amendment #'0001
THIS AMENDMENT, entered into between the State of Florida, Department of Children and Families, hereinafter
referred to as the "Department", and Collier County Board of County Commissioners, hereinafter referred to as the
"Grantee".
Amendment #0001. The purpose of this amendment is to correct contact information in Sections 1.2.2. and C-
1.2.3.; define "successful discharge" in Section A-1.9.; revise the staff to participant ratio in Section C-1.1.3.2.;
remove Section C-1.1.5.; clarify content of the quarterly Planning Council meetings and FIRST Oversight activities in
Section C-1.2.1; clarify annual reporting on to the Planning Council in Section C-1.2.2.; revise staffing levels in
Section C-2.1.3., and Section C-2.1.4.; and revise the performance measure language in Section E-1.9. and the
associated methodology in Section E-2.9.
1. Pagel, Section 1.2.2., is hereby is hereby amended to read:
1.2.2. The name, address, telephone number and e-mail address where the Grantee's financial and
administrative records are maintained are:
Name: Kimberley Grant
Address: 3339 Tamiami Trail East
Communi and Human Services Division
City: Naples State: FL Zip Coder 34112
Phone: 239 252-657 Ext: E-Mail:Kimberle .Grantcalliercaunt ov
2. Pagel, Section 1.2.3., is hereby Is hereby amended to read:
1.2.3. The name, address, telephone number and e-mail of the Grantee's representative responsible for the
program under this Grant are:
Name: Kimberley Grant
Address: 3339 Tamiami Trail East
Communi and Human Services Division
City: Naples State: FL Zip Code: 34112
Phone: 239 , 252.657 Ext: E -Mail: Kimberle.Gran coillercount ov
3. Page 19, Section A-1., Is hereby amended to add:
A-1.10. Successful Discharge
Individuals discharged from the Program who are not re -arrested.
4. Page 28, Section C-1.1.3.2., Is hereby amended to read:
C-1.1.3.2. Maintain a FIRST staff to participant ratio of 1:30 or lower.
5. Page 28, Section C-1.1.5., is hereby _amended to read:
C-1.1.5. C-1.1.5. is reserved.
CF 1127
Effective July 2015 0
(CF -1127-1516)
April 1, 2018 Contract #LHZ54
Collier County BOCC Amendment #0001
6. Page 28, Sections C-1.2.1, andC-1.2.2., Is hereby amended to read, respectively:
C-1.2.1. Participate in Planning Council meetings quarterly to include strategic planning and processes, and
FIRST Oversight activities; and
C-1.2.2. Conduct an evaluation of the FIRST program and prepare a report to be presented to the Planning
Council no less than annually.
7. Page 29, Sections C-2.1.3.3 through C-2.1.3.6., is hereby amended to read:
C-2.1.3.3.
0.00 FTE Health Services Administrator;
C-2.1.3.4.
0.16 FTE Grants Coordinator,
C-2.1.3.5.
0.17 FTE Grants Fiscal Clerk;
C-2.1.3.6.
0.40 FTE Reintegration Manager;
8. Page 30, Section C-2.1.4.3., is hereby amended to read:
C-2.1.4.3. 0.30 FTE Financial Assistant.
9. Page 37, Section E-1.9., is hereby amended to read:
E-1.9. 90% of successfully discharged individuals participating in the Peer Specialist facilitated Quality of Life
Assessment'shall have an improvement score from admission to discharge.
10. Page 38, Section E-2.9., is hereby amended to read:
E-2.9. For the measure in Section E-1.9., the total number of individuals successfully discharged from the
Program who agreed to participate in the Peer Specialist facilitated Quality of Life Assessment at admission
DIVIDED BY the total number of individuals successfully discharged from Program who agreed to participate in
the Peer Specialist facilitated Quality of Life Assessment at discharge showing improved scores shall be
GREATER THAN OR EQUAL TO 90%.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
a
April 1, 2018
Collier County BOCC
Contract #LHZ54
Amendment #0001
This Amendment shall be effective on April,j,_2010
, or the date on which the amendment has been signed by all
parties hereto, whichever is later.
All provisions in the contract and any attachments thereto in conflict with this amendment shall and are hereby
changed to conform to this amendment.
All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the
contract.
This amendment and all its attachments are hereby made part of the grant agreement.
IN WITNESS THEREOF, the parties hereto have caused this three (3) page amendment to be executed by their
officials thereunto duly authorized.
GRANTEE: COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS
SIGNED
BY:
NAME:
TITLE: C\ -A (Z
DATE:
FEID NUMBER: 596000558
1117 7 GT.,
Up"VIGHT E. BROCK, Clerk
3
STATE OF FLORIDA: DEPARTMENT
OF CHILDREN & FAMILIES
SIGNED
BY:
NAME: John N. Brunt
TITLE: Assistant Secreta Substance., Abuse
and Mental Health
DATE:
Approved as to form and legality
Assistant County Attorney
(a
• -
COLLIERFUE.IT-CX;iASA-002 BET=
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AND
•
This Amendment, is entered into this day of , 2018, by
and between the Collier County Sheriff's Office hereinafter referred to as Subrecipient and Collier
County, a political subdivision of the State of Florida, hereinafter referred to as COUNTY,"
collectively stated as the "Parties."
WHEREAS, on July 11, 2017, the County and Subrecipient entered into an agreement for
Subrecipient to provide "FIRST grant services" to Collier County residents (hereinafter referred to
as the "Agreement"); and
WHEREAS, the parties desire to modify the Agreement to add a definition for successful
discharge and sustainability, clarify quarterly CIT training requirement, provide clarification on the
Planning Council requirements, reflect staffing changes, and outline subrecipient match
obligation; and
WHEREAS, the effective date of this amendment shall be April 1, 2018.
NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties
agree to modify the Agreement as follows:
Words Underlined are added
1. Exhibit A, Definitions, a new A-1.8 and A-1.9 are being added to read:
A-1.8 Successful Discharge
Individuals discharged from the Program who are not re -arrested
A-1.9 Sustainability
The capacity of the Grantee and its partners to maintain the service coverage
the County is terminated.
2. Exhibit C, C-1, Service Tasks
C-1.1. To support the objective in Section B-2, within three months of execution of this
Grant Agreement, the Subrecipient shall enhance its existing Program and diversion
initiatives to increase public safety, avert increased spending on criminal justice; and
reduce crime, recidivism, and use of forensic institutions among the target population.
To achieve this outcome, the Subrecipient shall:
C-1.1.1 Assist in the development and shall share client information to allow for a
system to track individuals during their involvement with the Program and for one
year after discharge, including but not limited to: arrests, as evidenced by the
1
Ce
data shared with DLC and reported by DLC to NAMI on the quarterly tracking
identifying clients served, assessed and referred.
C-1.1.2 Ensure that all staff members are hired to provide services to
accommodate the number of individuals served;
C-1.1.2.1. Hire and train all staff listed in Section C-2.1 as evidenced by payroll
report showing employed staff by name and position; and
C-1.1.3 Enhance the FIRST program to focus on serious mental illnesses,
substance abuse and co-occurring substance use disorders as evidenced by
quarterly client service report.
C-1.1.4.
and all eRFOII-d Provide ouarterly CIT training to law enforcement officers and law
enforcement personnel.
C-1.2. To support the objective in Section 5-2.2., the County encourages collaboration
among key stakeholders, identified in the County's Application. To achieve this
outcome, the Subrecipient shall:
C-1.2.1
Participate in Planning Council meetings quarterly to
include strategic planning grocesse. and FIRST Oversight activities as evidenced
by a sign in sheet and agenda; and
atteadan&e. Participate in the evaluation of the FIRST Drogram by offering data
and assistance in the preparation of the Process and Outcome report to be
presented to the Planning Council no less than annually as evidenced by the final
report submitted annually no later than September 30th to the County and
presented in the 4th quarter of the calendar year to the Planning Council.
C-1.3 To support the program objective the Subrecipient shall refer all eligible
screened clients to peer support services and therapies for those clients who agree to
participate in an effort to improve quality of life among Program participants.
3. Exhibit C, C-2, Administrative Tasks
C-2.1.1. The Grantee shall assign and maintain the following staff, as detailed in the Grantee's
Application and supported by this Grant Agreement, through a subcontract or subgrant agreement
with CCSO:
rN
C-2.1.1.1.
2.0 FTE Discharge Planner;
C-2.1.1.2.
0.20 FTE D/C Plan Supervisor/Program Evaluation Team;
C-2AA.&
C-2.1.1.4.3.
0.44 FTS --141% S--FiGGGAdM44AFatGf-,
, 0.16 FTE Grants Coordinator
C-2.1.1.6.4.
; 9.17 Grants Fiscal Clerk
C-2.1.1.6.6.
; 0.40 Reintegration Manager_
C-2.1.1.7.6.
0.50 FTE Reintegration Program Supervisor;
C-2.1.1.6.7.
0.15 FTE Reintegration Specialist 1;
C -2.1.1. U.
0.15 FTE Reintegration Specialist 2;
C-2.1.1.40.9.
0.15 FTE Reintegration Specialist #3;
C-2.1.1.44.10. 0.20 FTE Reintegration Specialist #4; and
C-2.1.1.424_1. 1.0 FTE Reintegration Specialist #5.
4. Exhibit F, F-3
F-3. The Subrecipient shall provide match funds in accordance with the schedule in the table
below:
Program Year One $464,-847 $184,017
Program Year Two ,847 $184,017
Program Year Three $464,,046 $184,016
Total Match Required for the grant period 2017-2020
$552,060
The SubreGipient shall submit matGh on a monthly basis (Exh,bit. H 1) and the amount of
The
Subrecipient shall submit match no less than _annually (Exhibit H-1) and the amount of the
match submission is not required to be commensurate with the payment/invoice amount. Match
is required to be met on total expenditures paid by the grantor to the County over the entire
grant period. The Subrecipient shall meet the entire program year match obligation at the end
of program year and in the event, that the Subrecipient has not satisfied their entire match
obligation by the third quarter of program year three reimbursement will be withheld until such
time as the obligation is met. In the event the subrecipient has not satisfied their entire match
obligation the subrecigient may accept match overage from other subrecipients to meet their
obligation or they may provide their excess to match to other subrecipients under this grant.
K
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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.
A pproved for legal
A-,—, , EST.
DWIGHT E. BROCK, Clerk
By:
la
Collier County Sheriffs Office
By:
Title: Sheriff
Date: f — /& —/
COLLIER COUNTY
By:
Andy Solis, CHAIRMAN
Date:
Approved as to form and legality
Assistant County Attorney
yXa
m
FIRST AMENDMENT TO AGREEMENT CJMHSA-003 BETWEEN
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AND
NAMI OF COLLIER COUNTY, INC.
This Amendment, is entered into this day of , 2018, by
and between the NAMI of Collier County, Inc., hereinafter referred to as Subrecipient and Collier
County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY,"
collectively stated as the "Parties."
WHEREAS; on July 11, 2017, the County and Subrecipient entered into an agreement for
Subrecipient to provide "FIRST grant services" to Collier County residents (hereinafter referred to
as the "Agreement"); and
WHEREAS, the parties desire to modify the Agreement to add a definition for successful
discharge and sustainability, provide clarification on Planning Council requirements, reflect
staffing changes, revise performance measure language and methodology, outline subrecipient
match obligation, modify Exhibit G, add Exhibit J and add Exhibit K; and
WHEREAS, the effective date of this amendment shall be April 1, 2018.
NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties
agree to modify the Agreement as follows:
Words Underlined are added
1. Exhibit A, Definitions, anew A-1.8 and A-1.9 are being added to read:
A-1.8 Successful Discharge
Individuals discharged from the Program who are not re -arrested.
A-1.9 Sustainability
The capacity of the Grantee and its partners to maintain the service coverage, developed as
a result of this grant at a level that continues to deliver the intended benefits of the initiative
after the financial and technical assistance from the County is terminated.
2. Exhibit C, C-1, Service Tasks
C.1.1 To support the objective in Section B-2, within three months of execution of this
Grant Agreement, the Subrecipient shall enhance its existing Program and diversion
initiatives to increase public safety, avert increased spending on criminal justice; and
reduce crime, recidivism, and use of forensic institutions among the target population.
To achieve this outcome, the Subrecipient shall:
C-1.1.1 Develop, an information system to track individuals served by Peer
Support Specialist and the David Lawrence Center and Collier County Sherriff
Office, during their involvement with the Program and for at least a minimum of
1
OCR
one year after discharge, includingtut not limited to: arrests, receipt of benefits,
employment, and stable housing as evidenced by quarterly tracking and reported
to the County at the end of each quarter.
C-1.1.2 Ensure that all staff members are hired to provide services to
accommodate the number of individuals served;
C-1.1.2.1. Hire and train all staff listed in C.2.2.1. as evidenced by payroll report
showing employed staff by name and position (submission required with initial
payment request and only when personnel charges are made thereafter);
C-1.1.3 Provide CIT training to law enforcement officers, emergency personnel,
civilian deputies and law enforcement personnel as evidenced by the sign in
sheet from each training session.
C-1.2 To support the objective in Section B-2.2., the Grantee encourage
collaboration among key stakeholders, identified in the Subrecipients Application. To
achieve this outcome, the Grantee shall:
C-1.2.1 PaFtiGipate in 80%
Participate in Planning Council meetings quarterly to include
the strateaic Oannina process. and FIRST Oversiaht activities as evidenced by
the siqn in sheet and agenda; and
C-1.2.2
Planning CeunGil as evidenGed by the agenda and evaluation FepeFt. Facilitate
the evaluation of the FIRST program by gathering data and completing the
preparation of the Process and Outcome report to be presented to the Planning
Council no less than annually as evidenced by the final report submitted no later
than September 3011 to the Countv and presented in the 4th quarter of the
calendar year to the Planning Council.
3. Exhibit C, C-2, Administrative Tasks
C-2.1 Staffing
C-2.1.1. The Subrecipient shall assign and maintain the following staff, as detailed in the
Subrecipient's Application as evidenced by Payroll Summary identifying staff, title and job
description (submission required upon hiring and at execution agreement through:
2
C�,O
C-2.1.1. 0.75 FTE Certified F ecovery Peer Specialist;
C-2.1.2. 0.15 FTE Executive Director; and
C-2.1.3. 0.30 FTE Financial Assistant
Exhibit E, E-1, Minimum Performance Measures
E-1.2. ° of PregFam paFtiGipants who Gemplete assessment W11 exhibit
iMpFgvementin a Quality of Life Self Assessment. 90% of successfully
discharged individuals participating in the Quality of Life Assessment
facilitated by the Peer Specialist shall have an improvement score from
admission to discharge.
5. Exhibit E, E-2, Performance Evaluation Methodology
APR
EQUALTA-90-0Q: For the measure in Section E-1.2, the total number of
individuals successfully discharged from the Proaram who aareed to participate in
the Quality of Life Assessment facilitated by the Peer Specialist at admission
DIVIDED BY the total number of individuals successfully discharged from Program
who agreed to participate in the Quality of Life Assessment facilitated by the Peer
Specialist at discharge showing improved scores shall be GREATER THAN OR
EQUAL TO 90%.
6. Exhibit F, F-1.6
F-1.6. The Subrecipient shall provide match funds (Exhibit H-1) in accordance with the schedule
in the table below:
Program Year One
$34,139
Program Year Two
$34,139
Program Year Three
$34,139
Total Match Requirement 2017-2020
$102,417
. The Subrecipient shall submit
match no less than annualiv (Exhibit H-1) and the amount of the match submission is not reauired
to be commensurate with the payment/invoice amount. Match is required to be met on total
expenditures paid by the grantor to the County over the entire grant period. The Subrecipient shall
meet the entire program year match obligation at the end of the program year and in the event
that the Subrecipient has not satisfied their entire match obligation by the third quarter of program
year 3, payment will be withheld until such time as the obligation is met. In the event the
subrecipient has not satisfied their entire match obligation, the subrecipient may accept match
overage from other subrecipients to meet their obligation or then may provide their excess to
match to other subrecipients under this grant.
CAS
7. Exhibit F, F-1.8 is hereby added:
The SUBRECIPIENT shall submit quarterly financial reports five days after the end of the
preceding quarter in accordance with Exhibit G. The SUBRECIPIENT shall submit a final
reconciliation of their expenditures at the end of each program year, but no later than August 1.
In the event the annual expenditures do not equal the amount paid to the SUBRECIPIENT, the
SUBRECIPIENT shall deduct the over payment amount from the next quarterly billing. At the end
of the 3 -year grant a final reconciliation shall be submitted and any amount due to the County
shall be reimbursed within 60 days following the end of the agreement.
8. Exhibit G, Deliverable and Report Table
Report/Deliverable Name
Supporting Document
Due Date
Quarterly Payment
As detailed in Exhibit F. 1.4
5th day of the month
Request
and Exhibit H
following the end of the
quarter
Match
Match documentation,
Quad,94y Annually
Exhibit H-1
Quarterly Financial Report
Exhibit J
10th day of the month
following the end of the
quarte r
Reconciliation of
Exhibit K
1St day of August
Expenditures
following the end of each
fiscal year
Quarterly Program
Quarterly Service Report
51h day of the month
Services Report
following the end of the
quarters
Final Program Report
Final Program Report
30 days following the
Template
ending date of the
agreement
Incident Report
Incident Report
Per Occurrence
Employment Screening
Certification from each
July 31 and per
Certification
employee working on grant
occurrence for each new
hire
Security Awareness
Certificate for those staff
At contract execution and
entering data into State
Training (
System
annually thereafter.
Insurance (Director &
Insurance
Within 30 days of
Officer, Workmen's Comp,
Certificate/Deceleration
expiration
Liability)
Favorable Conditions
Attestation Form
July 31 and annually
thereafter.
Financial and Compliance
Exhibit I
Annually within 9 months
Audit
of Fiscal Year End
Disaster Plan
Plan
Within 30 days of contract
execution and within 30
days of any changes to
the plan.
Deaf -and -Hard of Hearing
Single Point of Contact and
5th day of the month
ADA Report
following the end of the
quarter
CHS Conflict of Interest
Conflict of Interest Form
Within 30 days of hire for
each new employee
working on the grant.
9. Exhibit J, Quarterly Financial Report is hereby added in its entirety as attached.
10. Exhibit K, Reconciliation of Expenditures is hereby added in its entirety as attached.
S
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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.
ATTEST:
DWIGHT E. BROCK, CLERK
, DEPUTY CLERK
Approval for form and legality:
Jennifer A. Belpedio
Assistant County Attorney
NAMI of Collier County, Inc.
By:
Title:
Date: f1Z,7/9c)/S""
COLLIER COUNTY
M
Andy Solis, CHAIRMAN
Date:
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FIRST AMENDMENT TO AGREEMENT CJMHSA-001 BETWEEN
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AND
DAVID LAWRENCE MENTAL HEALTH CENTER, INC.
This Amendment, is entered into this day of '2018, by
and between David Lawrence Mental Health Center, Inc. hereinafter referred to as Subrecipient
and Collier County, a political subdivision of the State of Florida, hereinafter referred to as
"COUNTY," collectively stated as the "Parties."
WHEREAS, on July 11, 2017, the County and Subrecipient entered into an agreement for
Subrecipient to provide "FIRST grant services" to Collier County residents (hereinafter referred to
as the "Agreement"); and
WHEREAS, the parties desire to modify the Agreement to add a definition for successful
discharge and sustainability, add staff to participant ratio, provide clarification to the Planning
Council requirements, outline subrecipient match obligation, modify Exhibit G, add Exhibit J and
add Exhibit K; and
WHEREAS, the effective date of this amendment shall be April 1, 2018.
NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties
agree to modify the Agreement as follows:
Words Underlined are added
1. Exhibit A, Definitions, a new A-1.8 and A-1.9 are being added to read:
A-1.8 Successful Discharge
Individuals discharged from the Program who are not re -arrested.
A-1.9 Sustainability
The capacity of the Grantee and its partners to maintain the service coverage, developed as a
result of this grant, at a level that continues to deliver the intended benefits of the initiative after
the financial and technical assistance from the County is terminated.
2. Exhibit C, C-1, Service Tasks
C-2.1. To support the objective in Section B-2, within three months of execution of this
Grant Agreement, the Subrecipient shall enhance its existing Program and diversion
initiatives to increase public safety, avert increased spending on criminal justice; and
reduce crime, recidivism, and use of forensic institutions among the target population.
To achieve this outcome, the Subrecipient shall:
C-2.1.1 Assist in the development and shall share client information to allow for a
system to track individuals during their involvement with the Program and for one
year after discharge, including but not limited to: arrests, receipt of benefits,
0
Program Year One
$116,579
Program Year Two
$116,579
Program Year Three
$116,579
Total Match Required for the grant period 2017-2020
$349,737
The SwbFeGipient shall submit matrh on a qu Ftedy basis and the amount of the rna
The
Subrecipient shall submit match no less than annually (Exhibit H-1) and the amount of the
match submission is not required to be commensurate with the Payment/invoice amount.
Match is required to be met on total expenditures paid by the grantor to the County over the
entire grant period. The Subrecipient shall meet the entire program year match obligation at
the end of program year and in the event that the Subrecipient has not satisfied their entire
match obligation by the third quarter of program year 3 payment will be withheld until such
time as the obligation is met. In the event the subrecipient has not satisfied their entire
match obligation the subrecipient may accept match overage from other subrecipients to
meet their obligation or they may provide their excess to match to other subrecipients under
this grant.
4. Exhibit F, F-1.5 is hereby added:
The SUBRECIPIENT shall submit monthly financial_rorts on the 30th day after the prior month
end in accordance with Exhibit G. The SUBRECIPIENT shall submit a final reconciliation of
their expenditures at the end of each program year, no later than August 1. In the event the
annual expenditures are less than the amount paid to the SUBRECIPIENT, the
SUBRECIPIENT shall deduct the over pavment amount from the next quarterly billing. At the
County shall be reimbursed within 60 days following the end of the agreement.
5. Exhibit G, Deliverable and Report Table
Report/Deliverable Name
Supporting Document
Due Date
Quarterly Payment
As detailed in Exhibit F. 1.4
5th day of the month
Request
and Exhibit H
following the end of the
quarter
Match
Match documentation,
Quakerly Annuall
Exhibit H-1
Monthly Financial Report
Exhibit J
The 30th day after prior
month end
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.
ATTEST:
DWIGHT E. BROCK, CLERK
, DEPUTY CLERK
Approval for form and legality:
Jennifer A. Belpedio
Assistant County Attorney
David Lawrence Mental Health Center, Inc.
By:
Title:
Chief Executive Officer
Date: S ick
COLLIER COUNTY
0
Andy Solis, CHAIRMAN
Date:
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A G R E E M E N T CIMHSA-001
For
Criminal Justice Mental Health Substance Abuse Reinvestment Grant
THIS CONTRACT, made and entered into on this, [ay of) 2017, 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 47 hereof, as well as Exhibits A -I 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 July, 2017 and end on the 30th day
of June, 2020. 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 services 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, and drafts, as specified in this Contract. These deliverables must be received and
accepted by the Grant Coordinator inconjunction with the pay 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 C, D and E.
4.2 Minimum Performance Measures. To avoid termination the Subrecipients performance must
meet the minimum performance standard set forth in Exhibit C, D and E. By execution of this contract
the Subrecipient 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
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 and Seventy -Seven Thousand Four Hundred and Twenty -One Dollars and no
cents ($377,421.00). 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 supporting documentation in sufficient detail to
conduct a pre -audit and post -audit.
6.2 Final Invoice. Payments will be made for deliverables 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 doctrine of "laches" as untimely submitted. Time
shall be deemed of the essence with respect to the timely submission of invoices under this
Contract.
7. INDEPENDENT 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 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
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.
10. PUBLICITY
Without limitation, the Subrecipient and its employees, agents, and representatives will not, without
prior County and State written consent in each instance, use in advertising, publicity or any other
promotional endeavor any County or State mark, the name of the State or County's mark, the name
of the State or County any State or County agency or affiliate or any officer or employee of the State
or County, or any State or County 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
County, 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, Department of Children and Families' and Collier County, CHS. If the sponsorship
reference is in written material, the words "State of Florida, Department of Children and
Families" and Collier County, shall appear in at least the same size letters or type as the name of
the organization
12. MANDATORY 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 and the Florida State Department of Children and Families
Office of Inspector through the Internet at http://www.dcf.state.fl.us/admin/ig/rpfraudl.shtml or by
completing a Notification/ Investigation Request (Form CF 1934) and emailing the request to the
Office of Inspector General at IG.Complaints@myflfamilies.com. The Subrecipient 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 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 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 13.2 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.).
13.8 The Subrecipient shall ensure all staff and subcontractors associated with this agreement
have been screen as required by Florida law in accordance with chapter 435 Florida Statutes, are
of good moral character and meet the Level 2 Employment Screening standards.
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 subcontractor's 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 subcontractor's incidental to performance under this Contract.
16, DATA SECURITY
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 complete the latest Department of Children and Families security
awareness training to its staff who have access to State information.
16.3 All Subrecipient employees who have access to State 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 County Grant Coordinator.
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 State data will not be
stored on unencrypted storage devices.
16.5 The Subrecipient agrees to notify the Grant Coordinator 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 State 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 or
State 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 or State data systems
or maintaining any client or other confidential information in electronic form to comply with the
provisions of this Section 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 ninety (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, ANTI COMPETITIVE 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, CLIENT RISK PREVENTION
If services to clients are to be provided under this contract, the subrecipient shall in accordance with
the client risk prevention system, report those reportable situations listed in CFOP 215-6 in the
manner prescribed in 215-6 and 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
at 1-800-96ABUSE.
21. DEO AND WORKFORCE FLORIDA
The Subrecipient understands that the Florida Department of 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.
22, 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 Mental Health Center, Inc.
6075 Bathey Lane
Naples, FL 34116
Attention: Scott Burgess, CEO
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
Community and Human Services Division
3339 Tamiami Trail, East
Suite 211
Naples, Florida 34112
Attention: Dawn Whelan, Grant Coordinator
Telephone: 239-252-4230
Facsimile: 239-252-6571
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.
23. 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.
24. 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.
25. 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 ninety (90) 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 date of termination. The Subrecipient 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.
26. NO DISCRIMINATION. The Subrecipient agrees that there shall be no
discrimination as to race, sex, color, creed or national origin.
27. 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 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.
28. 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.
28.1 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 Article 027 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.
29. CONTRACT ADMINISTRATION. This Contract shall be administered on behalf
of the County by the Public Services Division, Community and Human Services
Division.
30. 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 represent that no persons having any such interest shall be employed
to perform those services.
31. 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.
32. 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.
Unauthorized aliens shall not be employed. Employment of unauthorized aliens
shall be cause for unilateral cancellation of this Contract by the County 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 subrecipient
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 performing
under this Contract. Employees assigned to the contract means all persons
employed or assigned (including all subcontractors) by the Subrecipient during the
contract term to perform work pursuant to this contract within the United States
and its territories. Furthermore, 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.
33. 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.
34. 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.
35. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be
added to this contract in compliance with the Purchasing Ordinance and
Purchasing Procedures.
36. 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 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. Statue.
37, 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.
38. 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) 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.
39. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms
of any of the Contract Document, Exhibits A -I 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.
40. RESOLUTION 2013-228. 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.
In order to effectively enforce Resolution No. 2013-228, Community and Human
Services (CHS) has adopted an escalation policy to ensure continued compliance
by Subrecipients, Developers, or any entity receiving grant funds from CHS.
CHS's policy for escalation for non-compliance is as follows:
1. Initial non-compliance may result in Findings or Concerns being
issued to the entity and will require a corrective action plan be
submitted to the Division within 15 days following issuance of the
report.
• Any pay requests that have been submitted to the Division for
payment will be held until the corrective action plan has been
submitted.
• CHS will be available to provide Technical Assistance (TA) to the
entity as needed in order to correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a
timely manner to the Division, the Division may require a portion of
the awarded grant amount be returned to the Division.
• The County may require upwards of five percent (5%) of the
award amount be returned to the Division, at the discretion of the
Board of County Commissioners.
• The entity may be considered in violation of Resolution No, 2013-
228
3. If in the case an Entity continues to fail to correct the outstanding
issue or repeats an issue that was previously corrected, and has been
informed by the Division of their substantial non-compliance by
certified mail; the Division may require a portion of the awarded
grant amount or the amount of the CDBG investment for acquisition
of the properties conveyed, be returned to the Division.
• The Division may require upwards of ten percent (10%) of the
award amount be returned to the Division, at the discretion of the
Board of County Commissioners.
• The entity will be considered in violation of Resolution No. 2013-
228
4. If in the case after repeated notification the Entity continues to be
substantially non- compliant, the Division may recommend the
contract or award be terminated.
• The Division will make a recommendation to the Board of
County Commissioners to immediately terminate the agreement
or contract. The Entity will be required to repay all funds
disbursed by the County for project that was terminated. This
includes the amount invested by the County for the initial
acquisition of the properties or other activities.
• The entity will be considered in violation of Resolution No. 2013-
228
If in the case the Entity has multiple agreements with the Division and is found to
be non- compliant, the above sanctions may be imposed across all awards at the
BCC's discretion.
41. CIVIL RIGHT 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, grantees or others with who it arranges to provide
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.
42. 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,
43. PUBLIC ENTITY CRIME AND DISCRIMATORY CONTRACTORS. Pursuant to
sections 287.133 and 287.134, FS., 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
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
person 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.
44. 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.
45. SUPPORT TO THE DEAF OR HARD -OF -HEARING
45.1 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."
45.2 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.
45.3. 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,
45.4. 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.
45.5. 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.myflfamilies.com/about-
us/ services -deaf -and -hard -hearing/ dcf-posters.
45.6. 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.
45.7. 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.
45.8. 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 Contract will also print their certificate of completion, attach it to
their Attestation of Understanding, and maintain them in their personnel
46. 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.
47. EMPLOYMENT SCREENING
47.1. 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.
47.2. 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 Subrecipientis awaiting
the results of screening.
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.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
k I -
Dated: �Uk 6
(SEAL) . %
Attest as tc Chairman s
signature only.
BOARD OF COUNTY COMMISSIONERS
COLLIER C;�6VTY, FLORIDA
By:
Penny Taylor, airman
Date:
David Lawrence Mental Health Center,
Inc.
By:
Scott urgess
Chief Executive Officer
Date:
Approved as to Form and Legality:
AssistaQ County Attoe
ME N C'.31'F Q .A . 'Z F -D O
Print Name
EXHIBIT A— DEFINITIONS
A-1. PROGRAM SPECIFIC TERMS
A-1.1. Central Coordination Program means the program proposed in the County'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 refers to an individual who has been assessed
at the CAC for Forensic Reintegration Support Team (FIRST) program eligibility but has not been enrolled.
Program.
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 Intensive 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.SSDISSDI is an acronym for the Supplemental Security Income and Social Security Disability Insurance
programs administered by the United States Social Security Administration.
A-1.6. Strategic Pian 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 individual for which the Subrecipient intends to develop
and focus grant -related activities, further defined as follows;
A-1.7.1 Adults refers to person 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 mental
illness, substance use disorder, or a combination thereof. Through repeat encounters with law
enforcement, courts, jail, fire Counties, emergency medical services, hospital 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.
EXHIBIT B - SCOPE OF WORK
B-1, SCOPE OF SERVICE
B-1.1. This is a three-year Grant Agreement, pursuant to the authority under s. 394.656, F.S. The
Subrecipient, under the guidance of Collier County's CJMHSA Planning Council (Planning Council), shall
enhance and expand its existing Forensic Intensive Reintegration Support Team Program (FIRST) to increase
the annual number of Program participants receiving criminal justice diversion services at the Centralized
Assessment Center (CAC), located at the David Lawrence Mental Health Center, Inc.
B-1.2. The Subrecipient shall conduct all activities supported by this Grant Agreement in accordance with
the County's Application, dated September 16, 2016, in response to the Department of Children and Families
Request for Applications (RFA06H16GS1). Both the County's Application and the Department's Request for
Applications are hereby incorporated by reference and shall be maintained in the Subrecipient's and the
County's official files. The terms of the County's Application may not be changed without specific advance written
approval by the Department of Children and Families.
B-2. MAJOR OBJECTIVES
The primary goal of this Grant Agreement is to increase public safety, avert increased spending on criminal justice
systems, and improve the accessibility and effectiveness of treatment services for adults with serious mental illness,
substance abuse and, co-occurring mental health and substance abuse disorders, who are in, or at risk of entering,
the criminal justice system; and reduce crime, recidivism, and use of forensic institutions among the target population.
The major objectives of this Grant Agreement that contribute to the goal are to:
B-2.1. Assist in the expansion of CJMHSA services and diversion initiatives described in the County's
Application, hereby incorporated by reference as evidenced by increased capacity of clients served, as reflected
on the quarterly client service report;
B-2.2. Create and encourage collaboration among key stakeholders, identified in the County's Application
as evidenced by CJMHSA Planning Council and Technical Assistance call participation as evidenced by sign in
sheets with DLC staff signatures and agendas.
B-3. SERVICE AREA LOCATIONS AND TIMES
B-3.1. Service Area
The Subrecipient shall provide services within Collier County.
B-3.2, Service Delivery Location
B-3.2.1. The Subrecipient's administrative offices are listed in Section B-3.2.2.1,
B-3.2.2. The primary service delivery location(s) shall be:
B-3.2.2.1. David Lawrence Mental Health Center, Inc.
6075 Bathey Lane
Naples, FL 34116
Attention: Scott Burgess, CEO
B-3.3. Service Times
Services shall be available and provided, at a minimum, between the hours of 8:00 am through 5:00 pm, Monday
through Friday, excluding state holidays. Changes in service times and any additional holidays that the
Subrecipient wants to observe shall be approved in writing by the County.
B-3.4. 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 provider by telephone, facsimile, or
email.
B-3.5. Program Years
For the purposes of this Grant, Program Years are defined as:
B-3.5.1. Program Year 1: 7/1/17 — 06/30/18;
B-3.5.2. Program Year 2: 7/1/18 — 6/30/19; and
B-3.5.3. Program Year 3: 7/1/19 — 6/30/20.
The program years do not restrict the expenditure of funds but rather are used for performance
purposes only in tracking outcome measures. The allocation may be expended in any amount through
any year throughout the grant.
B-4. CLIENTS TO BE SERVED
Individuals to be served are adults with serious mental illnesses, substance abuse and or co-occurring mental
health and substance use disorder who are in, or at risk of entering, the criminal justice system.
B-5. CLIENT ELIGIBILITY AND DETERMINATION.
The Subrecipient is responsible for assessing and determining the eligibility of each person served under this Grant
Agreement, The Subrecipient may assign this responsibility to a subgrantee.
B-6. GRANT LIMITS
The total funds awarded under this Grant shall not exceed $377,421.00 over the lifetime of this contract.
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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 the objective in Section B-2, within three months of execution of this Grant Agreement, the
Subrecipient shall enhance its existing Program and diversion initiatives to increase public safety, avert
increased spending on criminal justice; and reduce crime, recidivism, and use of forensic institutions among the
target population. To achieve this outcome, the Subrecipient shall;
C-1.1.1 Assist in the development and shall share client information to allow for a system to track
individuals during their involvement with the Program and for one year after discharge, including but
not limited to; arrests, receipt of benefits, employment, and stable housing as evidenced by the data
shared with NAMI and reported by NAMI on the quarterly tracking identifying clients served and
progress with above services.
C-1.1.2 Ensure that all staff members are hired to provide services to accommodate the number of
individuals served;
C-1.1.2.1.Hire and train all staff listed in Section C-2.1 as evidenced by payroll report
showing employed staff by name and position (submission required with initial payment
request and only when personnel changes are made thereafter); and
C-1.1.3 Enhance the FIRST program to focus on serious mental illnesses co-occurring mental illness
and substance use disorders and substance abuse as evidenced by quarterly client service report.
C-1.2. To support the objective In Section B-2.2., the County encourages collaboration among key
stakeholders, identified in the County's Application. To achieve this outcome, the Subrecipient shall;
C-1.2.1 Participate in quarterly Planning Council meetings, strategic planning process, and FIRST
Oversight Committee Meetings as evidenced by sign in sheets and agenda; and
C-1.2.2 Participate in the FIRST Oversight Committee to complete the Process and Outcomes
evaluations and present the findings at minimum annually to the Planning Council as evidenced by the
agenda and evaluation report.
C-1.3. To support the program objective the Subrecipient shall refer clients to peer support services and
provide therapies to those clients who agree to participate in an effort to improve quality of life among Program
participants. To achieve this outcome, the Subrecipient shall provide referral to NAMI for peer support services
and therapy data on the quarterly client service report.
C-2. ADMINISTRATIVE TASKS
STAFFING
C-2.1. The Subrecipient shall assign and maintain the following staff, as detailed in the County's
Application and supported by this Grant Agreement, as evidenced by Payroll Summary identifying staff
and title and job description (submission required upon hiring and at agreement execution through;
C-2.1.1
2.0 FTE Case Manager/Outreach Specialist;
C-2.1.2
0.125 FTE Therapist;
C-2.1.3
0.025 FTE Therapist Supervisor;
C-2.1.4
0.375 FTE FIRST Program Supervisor;
C-2.1.5
0.1 FTE FIRST Clinical Director;
C-2.1.6
1.0 FTE Intake Clinician;
C-2.1.7
0.05 FTE Intake Clinical Director;
C-2.1.8
0.5 FTE Grant Compliance Specialist;
C-2.1.9
0.1 FTE Program Support Staff;
C-2.1.10
0.05 FTE Accounting Director; and
C-2.1.11
0.25 FTE Accounting Clerk.
C-3, Professional Qualifications
The Subrecpient shall ensure 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-4. Subcontracting
C-4.1. 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-4.2. The Subrecipient shall; require all subcontractors or sub-Subrecipients at any tier level to
comply with the E -verify clause subject to the same requirement as the Subrecipient.
C-4.3. 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 grant
funds is made.
C44. 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-4.5. 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 Contract that mention or describe subcontract
compliance.
C-5. Records and Documentation
C-5.1 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-5.2. 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-7 Reports
C-5.3. The Subrecipient shall protect confidential records from disclosure and protect participants'
confidentiality in accordance with s.397.501(7), F.S.
C-5.4. Unless otherwise specified in Section C-2.5., all correspondence, reports, records and
documentation may be maintained and provided to the County electronically.
C-5.5 The Subrecipient shall maintain, and shall ensure all subcontractors and subgrantees maintain
records and documentation including, but not limited to, the following:
C-5.5.1. Draft reports, final reports, meeting notes, telephone logs;
C-5.5.2. Executed subcontract or sub -grant agreements and any amendments, invoices
and supporting documentation, expenditure reports, and deliverables; and
C-5.5.3. Employment screening results for each staff who meets the requirements to be
screened for employment.
C.5.6. 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-7.1. All tasks and activities under this Contract shall be documented in the following reports:
C.7.1.1. 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 Grantee's Application
and specified In this contract in Exhibit D and E. The County will provide the template needed
to file this report.
C.7.1.2. Final Program Status Report A detailed report of the services and 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 application and the terms of this
Contract.
C-7.2. Reporting Schedule. The Subrecipient shall submit reports in accordance with the reporting schedule in Table
1 and Exhibit G.
C.7.3, Additional Reporting Requirements. The Subrecipient shall provide additional reporting
pertaining to the services and activities rendered should the County determine this to be necessary.
Table 1 - Reporting Schedule
Report Title
m. Report Due Date(s)
I Submit Report to;
Quarterly Program Status Report
5th day of the quarter following the quarter of
Community &
Human Services
program services or activities
Attention: Dawn
Whelan, Grant
Coordinator
Final Program Status Report No later than 30 days following the ending date
of the Contract
C.7.3, 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.7A Standard Contract Requirements. Subrecipient will perform all acts required by Contract.
C.7.5. Emergency Preparedness Plan.
C•7.5.1.. If the task 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 the
Subrecipient, its subcontractors to continue functioning in compliance with the executed Contract in
the event of an actual emergency.
EXHIBIT D - DELIVERABLES
D-1. SERVICE UNITS
D.1.1. The Subrecipient shall provide FIRST Program services to a target of 100 individuals each program
year, for a total target of 300 individuals during the life of this Grant Agreement, The Subrecipient must provide
services to the Annual Minimum Number specified in Table 2.
Table 2 - Service Targets
Target # of Participants
,----
Individuals
Served
Program Year 1
Program Year 2
�-
Program Year 3I
Program Lifetime
07/01/17-06/30/18
07/01/18-06/30/19
07/01/19 - 06/30/20
07/01/17 - 06/30/20
D-1.2.
FIRST Program
Services Target
100
100
100
300
Number
D-1.3.
FIRST Program
Services
80
80
80
240
Minimum Annual
Number
D-2, DELIVERABLES, The Subrecipient shall demonstrate satisfactory progress towards each lifetime service
target in Section D-1 through submission of quarterly data reporting in each Program Report specified in Section C-7,
D-3. PERFORMANCE MEASURES FOR ACCEPTANCE OF DELIVERABLES
D-3.1. During each program year, satisfactory progress toward the Service Target specified in Section D-1.
shall be demonstrated by services to at least;
D-3.1.1. 20% of the Program year target by the end of the first quarter;
D-3.1.2. 40% of the Program year target by the end of the second quarter;
D-3.1.3. 60% of the Program year target by the end of the third quarter; and
D-3.1.4. 80% of the Program year target by the end of the fourth quarter.
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EXHIBIT E —PERFORMANCE MEASURES
Subrecipient shall submit quarterly performance reports for the following measures:
E-1, PERFORMANCE MEASURES. The following qualitative performance measures are established pursuant to
the contract and shall be maintained during the term of this Contract and reported quarterly.
E-1.1. 50% reduction in the total number of arrests or re -arrests among Program participants while enrolled in
the Program compared to the one year period prior to Program admission.
E-1.2. 50% reduction in the total number of arrests or re -arrests among Program participants within the one
year period following Program discharge compared to the one year period prior to Program admission.
E-1.3. 60% of Program participants not residing in a stable housing environment at program admission will
report living in a stable housing environment within 90 days of Program admission.
E-1.4. 80% of Program participants will be assisted in applying or be linked to Social Security or other benefits
for which they may have been eligible but were not receiving at Program Admission.
E-1.5. 50% of Program participants will be diverted from a State Mental Health Treatment Facility.
E-1.6. 60% of Program participants not employed at Program admission who are employed full or part-time
within 180 days of Program admission.
E-2. PERFORMANCE EVALUATION METHODOLOGY, The County will monitor the Subrecipients performance in
achieving the standards in Section E-1 according to the following methodology.
E-2.1. For the measure in Section E-1.1,, the total number of arrests among participants while enrolled in the
Program 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-11, 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-2.3. For the measure in Section E-1.3., the total number of Program participants not residing in a stable housing
environment at program admission who live in a stable housing environment within 90 days of Program admission
DIVIDED BY the total number of Program participants not residing in a stable housing environment at Program
admission shall be GREATER THAN OR EQUAL TO 60%.
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 assisted with applying for such benefits
within 180 days of 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%.
E-2.5, For the measure in Section E-1.5., the total number of individuals screened and enrolled in the Program
diverted from a State Mental Health Treatment Facility admission DIVIDED BY the total number of individuals
screened for Program eligibility meeting the criteria for a State Mental Health Treatment Facility admission shall
be GREATER THAN OR EQUAL TO 50%.
E-2.6. For the measure in Section E.1.6., the total number of program participants not enrolled at Program
admission who are employed full or part-time within 180 days of Program admission DIVIDED BY the total number
of Program participants not employed at Program admission shall be GREATER THAN OR EQUAL TO 60%.
E-3. For the following measures the Subrecipient shall provide client data for tracking to NAMI on a quarterly
basis as evidence by the Outcome Tracking Log (to be submitted with each request for payment);
E.3.1.60% of Program participants not resident in a stable housing environment at Program admission will report
living in a stable housing environment one year following Program discharge.
E.3.2. 60% of Program participants not employed at Program admission who are employed full or part-time within
one year following Program discharge.
E-4. The County will monitor through the annual monitoring process conducted by the CHS Grants
Compliance Unit the Subrecipients performance in providing data to NAMI and participation in achieving the
standards in Section E-3, according to the following methodology.
E.4.1. For the measure in Section E.M. the total number of Program participants not residing in a stable housing
environment at program admission who live in stable housing one year following Program discharge DIVIDED BY the
total number of Program participants not residing in stable housing at Program admission shall be GREATER THAN
OR EQUAL TO 60%
E.4.2 For the measure in Section E.3.2. the total number of Program participants not employed at Program
admission who are employed full or part-time one year following Program discharge DIVIDED BY the total number of
Program participants not employed at Program admission shall be GREATER THAN OR EQUAL TO 60%.
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EXHIBIT F - METHOD OF PAYMENT
F-1. PAYMENT METHODOLOGY
F-1.1. This is a fixed price/fixed fee contract. The County will pay the Subrecipient for the delivery of tasks, deliverables and
outcomes provided in accordance with the terms of this Contract subject to availability of funds.
F-1.2. The County shall remit payment to the Subrecipient per the schedule in the table below.
Year 1 Quarter 107/01/17-09/30/17
$31,451.75
Year 1 Quarter 210/01/17-12131/17
$31,451.75
Year 1 Quarter 3 01/01/18-03/31/18
$31,451.75
Year 1 Quarter 4 04/01/18-06/30118
$31,451.75
Year 2 Quarter 107/01/18-09/30/18
$31,451.75
Year 2 Quarter 210/01/18-12/31118
$31,451.75
Year 2 Quarter 3 01/01/19-03/31119
$31,451.75
Year 2 Quarter 4 04/01119-06/30/19
$31,471.75
Year 3 Quarter 107/01/19-09/30/19
$31,471.75
Year 3 Quarter 210/01/19-12131/19
$31,471.75
Year 3 Quarter 3 01/01/20-03/31/20
$31,471.75
Year 3 Quarter 4 04101/20-06/30/20
$31,471.75
Total
$377,421.00
F-1.3. The Subrecipient shall request payment by submission of a properly completed invoice (Exhibit H) and submission of all
supporting documentation, as outlined in Exhibits C, D and E (no later than the 5th business day after the end of the prior quarter
following service provision), accompanied by the corresponding quarterly performance reports and any other deliverable report
due for the period of invoice.
F-1.4. The County shall approve payment requests following receipt of compliance with the Exhibit C (1.1.1, 1.1.2.1, 1.2.1,
1.2,2,1.3,) Exhibit D Tasks (D.1.2, D.1.3, D-2, D-3) and Exhibit E Performance Measures (E.1.1-12.1.6, and E.3.1 -E.3.2.).
The County shall withhold 10% from each reimbursement request and upon satisfactory completion of the Subrecipient's 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. In the event that the Subrecipient terminates
the agreement prior to the end of the grant agreement it shall be at the discretion of the County to release the retainage prior to the end
of the Department of Children and Families grant agreement with Collier County.
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-2. 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 rights to payment and the County shall not honor any requests
submitted after the aforesaid time period. Any retainage payment (10%) due under the terms of this Contract will be withheld until
the Final Program Status Report are submitted, and the Close Out Monitoring is completed and approved by the County.
F-3, The Subrecipient shall provide match funds in accordance with the schedule in the table below
Program Year One
$116,579
Program Year Two
$116,579
Program Year Three
$116,579
Match Total Required for the grant period 2017.2020 $349,737
The Subrecipient shall submit match on a quarterly basis and the amount of the match submission is not required to be
commensurate with the payment/invoice amount. The Subrecipient shall meet the entire program year match obligation at the
end of program year and in the event that the Subrecipient has not satisfied their entire match obligation by the third quarter of
program year 3 payment will be withheld until such time as the obligation is met.
F-4. The County shall remit payment to the SUBRECIPIENT for the performance of this contract upon completion of the work
tasks as accepted and approved by CHS. Payments shall be made to the SUBRECIPIENT when requested as work
progresses but, not more frequently than once per quarter. Payment will not occur if SUBRECIPIENT falls to perform at the
minimum level of service required by this Contract. No payment will be made until approved by CHS 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 "Local Government Prompt Payment
Act."
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EXHIBIT G
Deliverable and Report Table
Report/Deliverable Name
Supporting Document
Due Date
Quarterly Payment
As detailed in Exhibit F. 1.4
51h day of the month
Request
and Exhibit H
following the end of the
quarter
Match
Match documentation,
Quarterly
Exhibit H-1
Quarterly Program
Quarterly Service Report
5th day of the month
Services Report
following the end of the
quarters
Final Program Report
Final Program Report
30 days following the
Template
ending date of the
agreement .
Incident Report
Incident Report
Per Occurrence
Employment Screening
Certification from each
July 31 and per
Certification
employee working on grant
occurrence for each new
hire
Security Awareness
Certificate for those staff
At contract execution and
Training
entering data into State
annually thereafter.
System
Insurance (Director &
Insurance
Within 30 days of
Officer, Workmen's Comp,
Certificate/Deceleration
expiration
Liability)
Favorable Conditions
Attestation Form
July 31 and annually
thereafter.
Financial and Compliance
Exhibit I
Annually within 9 months
Audit
of Fiscal Year End
Disaster Plan
Plan
Within 30 days of contract
execution and within 30
days of any changes to
the plan.
Deaf -and -Hard of Hearing
Single Point of Contact and
5+h day of the month
ADA Report
following the end of the
quarter
CHS Conflict of Interest
Conflict of Interest Form
Within 30 day of hire for
each new employee
working on the grant.
EXHIBIT H
Payment/Match Request
Exhibit
Audit Form
Circular 2 CFR 200,504 requires Collier County to monitor subrecipients of federal awards tp:dete,
subrecipients c
61compliant with
prop! documentation; established, audit -requirements de
orgnizpt ions compliance
a
must expen a,,fi al thpl; %mop, consider mn ping :q prp .,awards"
In 6 idetp Y: ptd�b sed'o6when. hi§�
1011h d 0 u ng'Ony,", e; award providedr, Coupty The determination of amounts of Federal':
activity
a
ro Opt award occurs
Year. completed ,Oar
Check A. or B. Check C If applicable
A, The. Federal/Stqte expendit'46 ,threshold for .our fiseal .year ending as indicatedabove h.asbeen met and a- Circular A!..::
133, or: 2 CFR Part 200' Sub a p a F Sin.gleAudit has,begn completed or. w. ill be. completed by .Copies of;
the audit report and. management letter are attached brwill. be provided within 30.dpys.of.completion.
!I 33.or 2 CFR Part 2M Subpart F becaUsewe:.,
B. Weare not subject to the requirements of OMB.Circular .A
D Did .not exceed the expenditure thresholdJor the fiscal yearindicated above
E-1 El Are a for-profit.orga:nization
❑ Are exempt for other reasons, explain
An audited financial statement is attached and if applicable,the Independent auditor's management letter.,
C. Findings were noted acurrent Status Update of the,responis6 and corrective action plan', is, included separate from the
written respon I se provided within theaudit reports. While we understand that the audit repoft.written
contains a response:
F� to the finding(s), we are requesting an updated status of.the corrective action(s) being.t . aken, Please do not provide. lust
copy of the written response from your audit report : u nless it includes ..details :of the actions, procedures, cedures, poliic ies- btc:1.
implemented and when it was or Will be implemented,
Certification Statement
I::! IT It; I ytj vy! A. I I Y 11 I CIL:
I Signature I Date _ I
Print Name and Title
A I
A G R E E M E N T CIMHSA-002
For
Criminal justice Mental Health Substance Abuse Reinvestment Grant
bfJ
101
XHIS CONTRACT, made and entered into on this / day 217, by and
between Collier County Sheriff Office authorized to do business in the State of Florida,
whose business address is 3319. Tamiami Trail E. 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 47 hereof, as well as Exhibits A-
I 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 July, 2017 and end on
the 30th day of June, 2020. 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 services 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, and drafts, as specified in this Contract. These
deliverables must be received and accepted by the Grant Coordinator in
conjunction with the pay 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 C, D and E.
4.2 Minimum Performance Measures. To avoid termination the Subrecipients
performance must meet the minimum performance standard set forth in Exhibit C, D and
E. By execution of this contract the Subrecipient 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 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 Countv 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 Five Hundred and Twenty -Four Thousand Eighty -Nine Dollars and
Zero cents ($524,089). 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.
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 doctrine of "laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this Contract.
7. INDEPENDENT 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 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 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.
10. PUBLICITY
Without limitation, the Subrecipient and its employees, agents, and representatives
will not, without prior County and State written consent in each instance, use in
advertising, publicity or any other promotional endeavor any County or State mark,
the name of the State or County's mark, the name of the State or County any State or
County agency or affiliate or any officer or employee of the State or County, or any
State or County 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 County, 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, Department of Children and
Families" and Collier County, CHS. If the sponsorship reference is in written
material, the words "State of Florida, Department of Children and Families "and
Collier County, shall appear in at least the same size letters or type as the name of
the organization.
12. MANDATORY 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 and the Florida State Department of
Children and Families Office of Inspector through the Internet at
httD://www.def.state.f1.us/admin/ia/rpfraud1.shtml or by completing a
Notification/ Investigation Request (Form CF 1934) and emailing the request to the
Office of Inspector General at IG.ComplaintsQmyflfamilies.com . The Subrecipient
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 County Grant Coordinator.
13, RECORDS AUDITS AND DATA SECURITY
13. 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 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 13.2 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.).
13,8 The Subrecipient shall ensure all staff and subcontractors associated with this
agreement have been screen as required by Florida law in accordance with chapter
435 Florida Statutes, are of good moral character and meet the Level 2
Employment Screening standards.
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 sub -contractors 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 sub -contractors incidental to
performance under this Contract.
16, DATA SECURITY
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, if the Subrecipient enters data into the State
database. 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 complete the latest Department of Children and
Families security awareness training to its staff who have access to State
information.
16.3 All Subrecipient employees who have access to State 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 Countv Grant Coordinator.
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 State data will not be stored on unencrypted storage
devices.
16.5 The Subrecipient agrees to notify the Grant Coordinator 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 State 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 or State 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 or State
data systems or maintaining any client or other confidential information in electronic
form to comply with the provisions of this Section 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 ninety (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. ANTI COMPETITIVE 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. CLIENT RISK PREVENTION
If services to clients are to be provided under this contract, the subrecipient shall in
accordance with the client risk prevention system, report those reportable situations
listed in CFOP 215-6 in the manner prescribed in 215-6 and 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 at 1-800-96ABUSE.
21. DEO AND WORKFORCE FLORIDA
The Subrecipient understands that the Florida Department of 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,
22, 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:
Collier County Sheriff Office
3319 Tamiami Trail E.
Naples, Florida 34112
Attention: Marien Ruiz
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
Community and Human Services Division
3339 Tam:am: Trail Fact
Suite 211
Naples, Florida 34112
Attention: Dawn Whelan, Grant Coordinator
Telephone: 239-252-4230
Facsimile: 239-252-6571
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.
23. 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.
24. 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.
25. 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 ninety (90) 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 date of termination. The Subrecipient 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.
26. NO DISCRIMINATION. The Subrecipient agrees that there shall be no
discrimination as to race, sex, color, creed or national origin.
27. 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 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 +� r
rvide oticei7t1.-w1 w 11— n
Subrecipient
shall ensure that all subcontractors comply with the same insurance
requirements that he is required to meet.
28. 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.
28.1 The duty to defend under this Article 28 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 Article 028 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.
29. CONTRACT ADMINISTRATION. This Contract shall be administered on behalf
of the County by the Public Services Division, Community and Human Services
Division,
30. 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 represent that no persons having any such interest shall be employed
to perform those services.
31. 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.
32. 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.
Unauthorized aliens shall not be employed. Employment of unauthorized aliens
shall be cause for unilateral cancellation of this Contract by the County 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 Subrecipient
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 performing
under this Contract. Employees assigned to the contract means all persons
employed or assigned (including all subcontractors) by the Subrecipient during the
contract term to perform work pursuant to this contract within the United States
and its territories. Furthermore, 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.
33. 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.
34. 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.
35. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be
added to this contract in compliance with the Purchasing Ordinance and
Purchasing Procedures.
36. 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
nea0tiatipn 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 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.
37. 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.
38. 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) the County is notified in writing in advance or within 5
business days of notification from jail personnel of termination. The Subrecipient
shall make commercially reasonable efforts to notify Collier County within seven
(7) days of the change. The County shall be notified of proposed replacement
personnel once selected.
39. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms
of any of the Contract Document, Exhibits A -I 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.
40. RESOLUTION 2013-228. 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.
In order to effectively enforce Resolution No. 2013-228, Community and Human Services
(CHS) has adopted an escalation policy to ensure continued compliance by Subrecipients,
Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation
for non-compliance is as follows:
1. Initial non-compliance may result in Findings or Concerns being
issued to the entity and will require a corrective action plan be
submitted to the Division within 15 days following issuance of the
report.
Any pay requests that have been submitted to the Division for
payment will be held until the corrective action plan has been
submitted.
CHS will be available to provide Technical Assistance (TA) to the
entity as needed in order to correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a
timely manner to the Division, the Division may require a portion of
the awarded grant amount be returned to the Division.
• The County may require upwards of five percent (5%) of the
award amount be returned to the Division, at the discretion of the
Board of County Commissioners.
• The entity may be considered in violation of Resolution No. 2013-
228.
3. If in the case an Entity continues to fail to correct the outstanding
issue or repeats an issue that was previously corrected, and has been
informed by the Division of their substantial non-compliance by
certified mail; the Division may require a portion of the awarded
grant amount or the amount of the CDBG investment for acquisition
of the properties conveyed, be returned to the Division.
• The Division may require upwards of ten percent (10%) of the
i award amount be returned to the Division, at the discretion of the
Board of County Commissioners.
• The entity will be considered in violation of Resolution No. 2013-
228.
4. If in the case after repeated notification the Entity continues to be
substantially non- compliant, the Division may recommend the
contract or award be terminated.
• The Division will make a recommendation to the Board of
County Commissioners to immediately terminate the agreement
or contract. The Entity will be required to repay all funds
disbursed by the County for project that was terminated. This
includes the amount invested by the County for the initial
acquisition of the properties or other activities.
• The entity will be considered in violation of Resolution No. 2013-
228
If in the case the Entity has multiple agreements with the Division and is found to
be non- compliant, the above sanctions may be imposed across all awards at the
BCC's discretion.
41. CIVIL RIGHT 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, grantees or others with who it arranges to provide
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.
42. 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.
43. PUBLIC ENTITY CRIME AND DISCRIMATORY CONTRACTORS. Pursuant to
sections 287.133 and 287.134, FS., 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
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
person 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.
44. 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.
45. SUPPORT TO THE DEAF OR HARD -OF -HEARING
45.1 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."
45.2 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.
45.3. 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,
45.4. 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.
45.5. 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.myfifamilies.com/about-
us/ services -deaf -and -hard -hearing/ dcf-posters.
45.6. 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.
45.7. 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.
45.8. 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 Contract will also print their certificate of completion, attach it to
their Attestation of Understanding, and maintain them in their personnel file.
46. 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.
47. EMPLOYMENT SCREENING
47.1. 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.
47.2. 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 Subrecipientis awaiting
the results of screening.
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.
ATTEST:
Dwight E.,Brocl<, Clerk of. Courts
By: .�
Dated: u I K+
(SEAL)
Attest as to Chairman's
signature only.
Approved as to Form and Legality:
Assistant County Attort
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Print Name
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BOARD OF COUNTY COMMISSIONERS
COLLIE NTY, FLORIDA
By:
Penny Ta/yllor, airman
Date: //// //.-/
Collier County Sheriff Office
447evin Rambosk
Sheriff
Date:—:2 & I ( 7
EXHIBIT A— DEFINITIONS
A-1. PROGRAM SPECIFIC TERMS
A-1.1. Central Coordination Program means the program proposed in the County'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-12 Centralized Assessment Center (CAC) Program Participant refers to an individual who has been assessed
at the CAC for Forensic Reintegration Support Team (FIRST) program eligibility but has not been enrolled.
Program.
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 Intensive 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.SSD/SSDI is an acronym for the Supplemental Security Income and Social Security Dls bility' 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 planninq 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 individual for which the Subrecipient intends to develop
and focus grant -related activities, further defined as follows:
A-1.7.1 Adults refers to person 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 mental
illness, substance use disorder, or a combination thereof. Through repeat encounters with law
enforcement, courts, jail, fire Counties, emergency medical services, hospital 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.
EXHIBIT B - SCOPE OF WORK
B-1, SCOPE OF SERVICE
B-1.1. This is a three-year Grant Agreement, pursuant to the authority under s. 394.656, F.S. The
Subrecipient, under the guidance of Collier County's CJMHSA Planning Council (Planning Council), shall
enhance and expand its existing Forensic Intensive Reintegration Support Team Program (FIRST) to increase
the annual number of Program participants receiving criminal justice diversion services at the Centralized
Assessment Center (CAC), located at the David Lawrence Mental Health Center, Inc.
B-1.2, The Subrecipient shall conduct all activities supported by this Grant Agreement in accordance with
the County's Application, dated September 16, 2016, in response to the Department of Children and Families
Request for Applications (RFA06H16GS1). Both the County's Application and the Department's Request for
Applications are hereby incorporated by reference and shall be maintained in the Subrecipient's and the
County's official files. The terms of the County's Application may not be changed without specific advance written
approval by the Department of Children and Families.
B-2, MAJOR OBJECTIVES
The primary goal of this Grant Agreement is to increase public safety, avert increased spending on criminal justice
systems, and improve the accessibility and effectiveness of treatment services for adults with serious mental illness,
substance abuse and, co-occurring mental health and substance abuse disorders, who are in, or at risk of entering,
the criminal justice system; and reduce crime, recidivism, and use of forensic institutions among the target population.
The major objectives of this Grant Agreement that contribute to the goal are to:
B-2.1. Assist in the expansion of CJMHSA services and diversion initiatives described in the County's
Application, hereby incorporated by reference, as evidenced by increased capacity of clients served, as reflected
by quarterly client service report; and
B-2.2. Create and encourage collaboration among key stakeholders, identified in the County's Application
as evidenced by attendance at the CJMHSA Planning Council and Technical Assistance call participation; as
evidenced by sign in sheets with CCSO staff signatures and agendas.
B-3. SERVICE AREA, LOCATIONS AND TIMES
B-3.1. Service Area
The Subrecipient shall provide services within Collier County.
B-3.2. Service Delivery Location
B-3.2.1. The Subrecipient's administrative offices are listed in Section B-3.2.2.1.
B-3.2.2. The primary service delivery location(s) shall be:
B-3.2.2.1. Collier County Sheriff Office
3319 Tamiami Trail E.
Building J.
Naples, FL 34112
B-3.3. Service Times
Services shall be available and provided, at a minimum, between the hours of 8:00 am through 5:00 pm, Monday
through Friday, excluding state holidays. Changes in service times and any additional holidays that the
Subrecipient wants to observe shall be approved in writing by the County.
B-3.4. 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 provider by telephone, facsimile, or
email.
B-3.5. Program Years
For the purposes of this Grant, Program Years are defined as:
B-3.5.1. Program Year 1: 7/1/17 — 06/30/18;
B-3.5.2. Program Year 2: 7/1/18 — 6/30/19; and
B-3.5.3. Program Year 3: 7/1119 — 6/30120.
The program years do not restrict the expenditure of funds but rather are used for performance
purposes only in tracking outcome measures, The allocation may be expended in any amount through
any year throughout the grant.
B-4. CLIENTS TO BE SERVED
Individuals to be served are adults with serious mental illnesses, substance abuse and or co-occurring mental
health and substance use disorder who are in, or at risk of entering, the criminal justice system.
B-5. CLIENT ELIGIBILITY AND DETERMINATION.
The Subrecipient is responsible for assessing and determining the eligibility of each person served under this Grant
Agreement. The Subrecipient may assign this responsibility to a subgrantee.
B-6. GIRANT LIMITS
The total funds awarded under this Grant shall not exceed $524,089.over the lifetime of this contract.
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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 the objective in Section B-2, within three months of execution of this Grant Agreement, the
Subrecipient shall enhance its existing Program and diversion initiatives to increase public safety, avert
increased spending on criminal justice; and reduce crime, recidivism, and use of forensic institutions among the
target population. To achieve this outcome, the Subrecipient shall:
C-1.1.1 Assist in the development and shall share client information to allow for a system to track
individuals during their involvement with the Program and for one year after discharge, including but
not limited to: arrests as evidenced by the data shared with DLC and reported by DLC to NAMI on the
quarterly tracking identifying clients served, assessed and referred.
C-1.1.2 Ensure that all staff members are hired to provide services to accommodate the number of
individuals served;
C-1.1.2.1. Hire and train all staff listed in Section C-2.1 as evidenced by payroll report
showing employed staff by name and position; and
C-1.1.3 Enhance the FIRST program to focus on serious mental illnesses, substance abuse and co-
occurring substance use disorders as evidenced by quarterly client service report.
C-1.1.4. Maintain a FIRST staff to participant ratio of 1:20 or lower (for all subrecipients and all enrolled
clients).
C-1.2. To support the objective in Section B-2.2., the County encourages collaboration among key
stakeholders, identified in the County's Application. To achieve this outcome, the Subrecipient shall:
C-1.2.1 Participate in quarterly Planning Council meetings, strategic planning process, and FIRST
Oversight Committee Meetings as evidenced by sign in sheets and agenda; and
C-1.2.2 Participate in the FIRST Oversight Committee to complete the Process and Outcomes
evaluations and present the findings at minimum annually to the Planning Council as evidenced by the
agenda and sign in sheet showing attendance.
C-1.3. To support the program objective the Subrecipient shall refer all eligible screened clients to peer
support services and therapies for those clients who agree to participate in an effort to improve quality of life
among Program participants.
C-2. ADMINISTRATIVE TASKS
C-2.1. Staffing
C-2.1.1. The Grantee shall assign and maintain the following staff, as detailed in the Grantee's
Application and supported by this Grant Agreement, through a subcontract or subgrant agreement with
CCSO:
C-2.1.1.1. 2.0 FTE Discharge Planner;
C-2.1.1.2, 0.20 FTE D/C Plan Supervisor/Program Evaluation Team;
C-2.1.1.3, 0.14 FTE Health Services Administrator;
C-2.1.1.4. 0.07 FTE Grants Coordinator;
C-2.1.1.5. 0.06 FTE Grants Fiscal Clerk;
C-2.1.1.6. 0.35 FTE Reintegration Manager;
C-2.1.1.7. 0.50 FTE Reintegration Program Supervisor;
C-2.1.1.8. 0.15 FTE Reintegration Specialist #1;
C-2.1.1.9. 0.15 FTE Reintegration Specialist #2;
C-2.1.1.10. 0.15 FTE Reintegration Specialist #3;
C-2.1.1.11. 0.20 FTE Reintegration Specialist #4; and
C-2.1.1.12. 1.0 FTE Reintegration Specialist #5.
C-2.2. Professional Qualifications
The Subrecpient shall ensure 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-2.3. Subcontracting
C-2.3.1. 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-2.3.2. The Sub recipient shall; require all subcontractors or sub-Subrecipients at any tier level to
comply with the E -verify clause subject to the same requirement as the Subrecipient.
C-2.3.3. 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 grant funds is made.
C-2.3.4. 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-2.3.5. 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 Contract that mention or describe subcontract
compliance.
C-2.4. Records and Documentation
C-2.4.1. 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-2.4.2. 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
C.2.5. Reports
University of South Florida to enable TAC to perform statutory duties established in the authorizing
legislation.
C-2,43. The Subrecipient shall protect confidential records from disclosure and protect participants'
confidentiality in accordance with s.397,501(7), F.S.
C-2.4.4. Unless otherwise specified in Section C-2.5., all correspondence, reports, records and
documentation may be maintained and provided to the County electronically.
C-2,4.5. The Subrecipient shall maintain, and shall ensure all subcontractors and subgrantees
maintain records and documentation including, but not limited to, the following:
C-2.4.5.1. Draft reports, final reports, meeting notes, telephone logs;
C-2.4.5.2. Executed subcontract or sub -grant agreements and any amendments, invoices
and supporting documentation, expenditure reports, and deliverables; and
C-2.4.5.3. Employment screening results for each staff who meets the requirements to be
screened for employment.
C.2.4.6. 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-2.5.1. All tasks and activities under this Contract shall be documented in the following reports:
C.2.5.1.1. 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 Grantee's
Application and specified in this contract in Exhibit C, D and E. The County will provide the
template needed to file this report.
C.2.5.1.2. Final Program Status Report A detailed report of the services and 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 application and the terms of this
Contract.
C-2.6. Reporting Schedule. The Subrecipient shall submit reports in accordance with the reporting schedule in Table
1 and Exhibit G.
Report Title
Table 1- Reporting Schedule
Report Due Date(s)
Quarterly Program Status Report 5th day of the quarter following the quarter of
program services or activities
Final Program Status Report No later than 30 days following the ending date
of the Contract
Submit Report to:
Community &
Human Services
Attention: Dawn
Whelan, Grant
Coordinator
C.2.6.1, 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,2,7, Standard Contract Requirements, Subrecipient will perform all acts required by Contract.
C.2.8. Emergency Preparedness Plan.
C•2.8.1. If the task 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 the
Subrecipient, its subcontractors to continue functioning in compliance with the executed Contract in
the event of an actual emergency.
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EXHIBIT D - DELIVERABLES
D-1. SERVICE UNITS
D,1.1, The Subrecipient shall provide FIRST Program services to a target of 100 enrolled individuals each
program year, for a total target of 300 enrolled individuals during the life of this Grant Agreement. The
Subrecipient must provide services to the Annual Minimum Number specified in Table 1.
Table 1 - Service Targets
Individuals
Target # of Participant's Screened
Screened and
Program Year 1 _ Program Year 2 I Program Year 3 Program Lifetime
�_-
Program Year 1 Program Year 2
--�---------__---1_^____ - ---�
Referred
-
07/01117 - 06/30/18
07/01/18 - 06/30119
`07/01/19 - 06/30/20
07/01/17 - 06/30/20
D•1.1.1
D-2.2
CIT Training
FIRST Program
100
100
100
300
Services Target
_ Number
D•1.1,2
FIRST Program
Services
80
80
80
240
Minimum Annual
Number
-
--- —
------ ----
D•2, The Subrecipient shall, assist in identifying deputies, patrol offices, corrections officers, 911 dispatch
officers and civilian deputies to participate in CIT training each program year, for a total of 240 individuals during
the life of this Grant Agreement, The Subrecipient must provide services to the Annual Minimum Number
specified in Table 2,
— Table 2 - Service Targets
-
—� Target # of Participants
Individuals
Served
Program Year 1 Program Year 2
I Program Year 3 I Program Lifetime J
_
07/01/17 - 06/30/18 , 07/01/18 - 06/30/19)^07/01/19-0006/30/20
- 07/01/17-0 6130/20
—� D•2.1
CIT Training
80 80
80 240
Target Number
D-2.2
CIT Training
64 64 64 192
Minimum Annual
Number--
D-3. DELIVERABLES. The Subrecipient shall demonstrate satisfactory progress towards each lifetime service
target in Section D-1 and D-2 through submission of quarterly data reporting in each Program Report specified in
Section C-2.6,
D-4. PERFORMANCE MEASURES FOR ACCEPTANCE OF DELIVERABLES
D-4.1. During each program year, satisfactory progress toward the Service Target specified in Section D-1.
and D-2 shall be demonstrated by services to at least;
D-4.1.1. 20% of the Program year target by the end of the first quarter;
D-4.1.2. 40% of the Program year target by the end of the second quarter;
D-4.1.3. 60% of the Program year target by the end of the third quarter; and
D-4.1.4. 80% of the Program year target by the end of the fourth quarter.
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EXHIBIT E —PERFORMANCE MEASURES
Subrecipient shall assist In the development and achievement of quarterly performance reports for the
following measures:
E-1. PERFORMANCE MEASURES. The following qualitative performance measures are established pursuant to
the contract and shall be maintained during the term of this Contract.
E-1.1. 50% reduction in the total number of arrests or re -arrests among Program participants while enrolled in
the Program compared to the one year period prior to Program admission.
E-1.2. 50% reduction in the total number of arrests or re -arrests among Program participants within the one
year period following Program discharge compared to the one year period prior to Program admission.
E-2. PERFORMANCE EVALUATION METHODOLOGY. The County will monitor the Subrecipients performance in
achieving the standards in Section E-1 according to the following methodology.
E-2.1. For the measure in Section E-1.1., the total number of arrests among participants while enrolled in the
Program 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 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%.
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EXHIBIT F - METHOD OF PAYMENT
F-1. PAYMENT METHODOLOGY
F-1.1. This is a cost reimbursement contract, The County will pay the Subrecipient for the delivery of services provided in
accordance with the terms of this Contract subject to availability of funds in accordance with the table below.
F-1,2. The County shall remit monthly payment to the Subrecipient
Program Period
Program Period
Amount
Program Year 1
Personnel
$173,197
Supplies
$1,500
Program Year 2
Personnel
$173,196
Supplies
$1,500
Program Year 3
Personnel
$173,196
Supplies
$1,500
Total Contract
$524,089
Funds may be shifted between activities and program years without an amendment to allow for full expenditure of grant funds by
the end of program year 3,
The County shall withhold 10% from each reimbursement request and upon satisfactory completion of the Subrecipient's 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, In the event the Subrecipient terminates the
agreement prior to the end date, at the County's discretion, the retainage may be released prior to the end date of the County's agreement
with the Department of Children Families.
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-2. 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 rights to payment and the County shall not honor any requests
submitted after the aforesaid time -period. Any retainage payment (10%) due under the terms of this Contract will be withheld until
the Final Program Status Report are submitted, and the Close Out Monitoring is completed and approved by the County.
F-3. The Subrecipient shall provide match funds in accordance with the schedule in the table below,
Program Year One
$184,047
Program Year Two
$184,047
Program Year Three
$184,046
Match Total Required for the grant period 2017.2020 $552,140
The Subrecipient shall submit match on a monthly basis (Exhibit H-1) and the amount of the match submission is not required to
be commensurate with the payment/invoice amount. The Subrecipient shall meet the entire program year match obligation at the
end of program year and in the event that the Subrecipient has not satisfied their entire match obligation by the third quarter of
program year three reimbursement will be withheld until such time as the obligation is met.
F-4. The County shall remit payment to the SUBRECIPIENT for the performance of this contract upon completion of the work
tasks as accepted and approved by CHS. Payments shall be made to the SUBRECIPIENT when requested as work
progresses but, not more frequently than once per month. Payment will not occur if SUBRECIPIENT fails to perform at the
minimum level of service required by this Contract. No payment will be made until approved by CHS 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 "Local Government Prompt Payment
Act."
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EXHIBIT G
Deliverable and Report Table
Report/Deliverable Name
Supporting Document
Due Date
Monthly Payment Request
As detailed in Exhibit F and
25(h day of the month following
Exhibit H
the end of the month
Match
Match documentation,
251h day of the month following
Exhibit H-1
the end of the month
Quarterly Program Services
Quarterly Service Report
5th day of the month following
Report
the end of the quarters
Final Program Report
Final Program Report
30 days following the ending
Template
date of the agreement
Incident Report
Incident Report
Per Occurrence
Employment Screening
Certification from each
July 31 and per occurrence for
Certification
employee working on grant
each new hire
Security Awareness Training
Certificate for those staff
At contract execution and
entering data into State
annually thereafter.
System
Insurance (Director & Officer,
Insurance Certificate
Within 30 days of expiration
Workmen's Comp, Liability)
Favorable Conditions
Attestation Form
July 31 and annually
thereafter,
Financial and Compliance
Exhibit I
Annually within 9 months of
Audit
Fiscal Year End
Disaster Plan
Plan
Within 30 days of contract
execution and within 30 days
of any changes to the plan.
Deaf -and -Hard of Hearing
Single Point of Contact and
5th day of the month following
ADA Report
the end of the quarter
Conflict of Interest
Conflict of Interest Exhibit
Per occurrence
Client Services Report
Client Services Report
51h day of the month following
the end of the quarter
Planning Council and TAC
Sign in sheet, agenda
5+h day of the month following
Calls Documentation
the end of the quarter
EXHIBIT H
PAYMENT/MATCH REQUEST
EXHIBIT I
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR 200,500 requires Collier County to, monitor subrecipients of federal awards to determine if subreciplents are compliant with
established audit requirements. Accordingly, Collier County requires that. all appropriate documentation is provided regarding.your
organizations compliance,,
in determining Federal awards.expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity.
related to the federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal
awards expended shall be in accordance with guidelines established by OMB Circular A-133, for fiscal years beginning before December
This form may be used to monitor Florida Single Audit Act (Statute 215,97) requirements:.'
Subreciplent .
Name.
first .Date of FiscaLYear (MMIDDlYY) Last Date`of Fiscal Year'(MM/DD/YY)
Total Federal Financial Assistance Expended during most Total State Financial Assistance Expended during most recently;
recently completed Fiscal Year. completed Fiscal Year
$ $
Check A. or B. Check C if applicable
A. The Federal/State expenditure threshold for our fiscal year ending as indicated above has been met and a Circular A-
❑ 133 or 2 CFR Part 200, Subpart F Single Audit has been completed or will be completed by Copies of
the audit report and management letter are attached or will be provided within 30 days of completion.
B, We are not subject to the requirements of OMB Circular A-133 or 2 CFR Part 200, Subpart F because we;
F] Did not exceed the expenditure threshold for the fiscal year indicated above
El 171 Are a for-profit organization
❑ Are exempt for other reasons explain
An audited financial statement is attached and if applicable, the independent auditor's management letter.
C. Findings were noted, a current.Status Update of the responses and corrective action plan is included separate from the
written response provided within the audit reports. While we understand that the audit.report contains a written response:
to the finIding(s), we are requesting an updated status of the corrective actions) being taken, Please do not provide just a
copy of the written response fromour audit re. ort, unless it includes details of the actions, procedures, policies, etc.
Y p
Implemented and when it was or will be implemented
Certification Statement
hereby.ceO.ify that,the above information is true and accurate
Signature Date
Print Name and Title
61
A G R E E M E N T CIMHSA-003
For
Criminal Tustice Mental Health Substance Abuse Reinvestment Grant
THIS CONTRACT, made and entered into on this 1st day of July 2017, by and
between NAMI of Collier County, Inc. (NAMI) 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 47 hereof, as well as Exhibits A -I 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 July, 2017 and end on the
30th day of June, 2020. 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 services 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, and drafts, as specified in this Contract. These deliverables must be
received by the Grant Coordinator in conjunction with the pay 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 C, D and E.
4.2 Minimum Performance Measures. To avoid termination the Subrecipients
performance must meet the minimum performance standard set forth in Exhibit C, D and E.
By execution of this contract the Subrecipient 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 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 Ninety -Three Thousand Dollars and no cents ($93,000.00), based on the cost
set forth in the Subrecipients budget. 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 H.
6.1 Generally. The subrecipient shall submit supporting documentation in sufficient
detail to conduct a pre -audit and post -audit.
6.2 Final Invoice. Payments will be made for deliverables 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 doctrine
of "laches" as untimely submitted. Time shall be deemed of the essence with respect to
the timely submission of invoices under 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 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
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.
10. PUBLICITY
Without limitation, the Subrecipient and its employees, agents, and representatives will not,
without prior County and State written consent in each instance, use in advertising,
publicity or any other promotional endeavor any County or State mark, the name of the
State or County's mark, the name of the State or County any State or County agency or
affiliate or any officer or employee of the State or County, or any State or County 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 County, 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, Department of Children and Families" and Collier County, CHS. If the
sponsorship reference is in written material, the words "State of Florida, Department of
Children and Families "and Collier County, shall appear in at least the same size letters or
type as the name of the organization
12. MANDATORY 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 and the Florida State Department of Children and Families Office of Inspector
through the Internet at http://www.dcf.state.fl.us/admin/"``ig/rpfraudl.shtn-0 or by
completing a Notification/ Investigation Request (Form CF 1934) and emailing the request
to the Office of Inspector General at IG.Complaints@myflfamilies.com . The Subrecipient
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
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
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 13.2 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.).
13.8. The Subrecipient shall ensure all staff and subcontractors associated with this
agreement have been screen as required by Florida law in accordance with chapter 435
Florida Statutes, are of good moral character and meet the Level 2 Employment
Screening standards
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 sub-
contractors 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 sub -contractors incidental to performance
under this Contract.
16. DATA SECURITY
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 complete the latest Department of Children and Families
security awareness training to its staff who have access to State information.
16.3 All Subrecipient employees who have access to State 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 County Grant
Coordinator.
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 State data will not be stored on unencrypted storage devices.
16.5 The Subrecipient agrees to notify the Grant Coordinator 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 State 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 or State 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 or State data
systems or maintaining any client or other confidential information in electronic form to
comply with the provisions of this Section 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 ninety
(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. CLIENT RISK PREVENTION
If services to clients are to be provided under this contract, the subrecipient shall in
accordance with the client risk prevention system, report those reportable situations listed
in CFOP 215-6 in the manner prescribed in 215-6 and 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 at 1-800-96ABUSE.
21. DEO AND WORKFORCE FLORIDA
The Subrecipient understands that the Florida Department of 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.
22. 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, Inc.
6216 Trail Blvd. #C
Naples, FL 34108
Ttention: Pamela J. Baker, Ed.D.
Telephone: 239-260-7300
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
Community and Human Services Division
3339 Tamiami Trail, East
Suite 211
Naples, Florida 34112
Attention: Dawn Whelan, Grant Coordinator
Telephone: 239-252-4230
Facsimile: 239-252-6571
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.
23. 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.
24. 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.
25. 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 ninety (90) 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 date of termination. The Subrecipient 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.
26. NO DISCRIMINATION. The Subrecipient agrees that there shall be no
discrimination as to race, sex, color, creed or national origin.
27. 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 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.
28. 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.
28.1 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 Article 027 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.
29. CONTRACT ADMINISTRATION. This Contract shall be administered on behalf
of the County by the Public Services Division, Community and Human Services
Division.
30. 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 represent that no persons having any such interest shall be employed
to perform those services.
31. 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.
32, 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.
Unauthorized aliens shall not be employed. Employment of unauthorized aliens
shall be cause for unilateral cancellation of this Contract by the County for violation
of section 274A(e) of the Immigration and Nationality Act (8 U.S.C. § 1324 a) and
section 101 of the Immigra5tion Reform and Control Act of 1986. The subrecipient
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 performing
under this Contract. Employees assigned to the contract means all persons
employed or assigned (including all subcontractors) by the Subrecipient during the
contract term to perform work pursuant to this contract within the United States
and its territories. Furthermore, 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.
33. 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.
34. 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.
35. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be
added to this contract in compliance with the Purchasing Ordinance and
Purchasing Procedures.
36. 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 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, Statue.
37. 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.
38. KEY PERSONNEL/PROJ CT 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) the County is notified in writing in advance if possible. The
Subrecipient shall make commercially reasonable efforts to notify Collier County
within seven (7) days of the change.
39. ORDER OF PRECEDENCE: In the event of any conflict between or among the
terms of any of the Contract Document, Exhibits A -I 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.
40. RESOLUTION 2013-228. 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.
In order to effectively enforce Resolution No. 2013-228, Community and Human
Services (CHS) has adopted an escalation policy to ensure continued compliance
by Subrecipients, Developers, or any entity receiving grant funds from CHS.
CHS's policy for escalation for non-compliance is as follows:
1. Initial non-compliance may result in Findings or Concerns being
issued to the entity and will require a corrective action plan be
submitted to the Division within 15 days following issuance of the
report.
• Any pay requests that have been submitted to the Division for
payment will be held until the corrective action plan has been
submitted.
• CHS will be available to provide Technical Assistance (TA) to the
entity as needed in order to correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a
timely manner to the Division, the Division may require a portion of
the awarded grant amount be returned to the Division.
• The County may require upwards of five percent (5%) of the
award amount be returned to the Division, at the discretion of the
Board of County Commissioners.
• The entity may be considered in violation of Resolution No. 2013-
228
3. If in the case an Entity continues to fail to correct the outstanding
issue or repeats an issue that was previously corrected, and has been
informed by the Division of their substantial non-compliance by
certified mail; the Division may require a portion of the awarded
grant amount or the amount of the CDBG investment for acquisition
of the properties conveyed, be returned to the Division.
• The Division may require upwards of ten percent (10%) of the
award amount be returned to the Division, at the discretion of the
Board of County Commissioners.
• The entity will be considered in violation of Resolution No. 2013-
228
4. If in the case after repeated notification the Entity continues to be
substantially non- compliant, the Division may recommend the
contract or award be terminated.
• The Division will make a recommendation to the Board of
County Commissioners to immediately terminate the agreement
or contract. The Entity will be required to repay all funds
disbursed by the County for project that was terminated. This
includes the amount invested by the County for the initial
acquisition of the properties or other activities.
• The entity will be considered in violation of Resolution No. 2013-
228
If in the case the Entity has multiple agreements with the Division and is found to
be non- compliant, the above sanctions may be imposed across all awards at the
BCC's discretion.
41. 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, grantees or others with who it arranges to
provide 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.
42. 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,
43. PUBLIC ENTITY CRIME AND DISCRIMINATORY CONTRACTORS. Pursuant
to sections 287.133 and 287.134, FS., 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
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
person 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.
44. WHISTLEBLOWER 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.
45. SUPPORT TO THE DEAF OR HARD -OF -HEARING.
45.1 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."
45.2 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.
45.3 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,
45.4 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.
45.5 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.myflfamilies.com/about-
us/ services -deaf -and -hard -hearing/ dcf-posters.
45.6 The Subrecipient and its subcontractors shall document the customer's or
companions 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.
45.7 If customers or companions are referred to other agencies, the Subrecipient must
ensure that the receiving agency is notified of the customer's or companions preferred
method of communication and any auxiliary aids/ service needs.
45.8 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
Contract will also print their certificate of completion, attach it to their Attestation of
Understanding, and maintain them in their personnel.
46. 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.
47. EMPLOYMENT SCREENING.
47.1 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.
47.2 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
****************
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.
ATTEST:
Dwight E.- Brock, Clerk of Courts
..1
De
Attest as to Chaitmao' `
signature only.
BOARD OF COUNTY COMMISSIONERS
COLL R UNTY, FLORIDA
By
Penny Taylor airma
Date: q /// / "7
NAMI of Collier County, Inc.
By:
Pamela J. Bake, d.D.
Chief Executive Officer
Date:
Approved as to Form and Legality:
Assistant County Attor�. e ��
7:S-�-; N 0 .% fg-K .A • 'BF -%_3F.010
Print Name
4 /.� 9 /�? 6 / `7
EXHIBIT A— DEFINITIONS
A-1. PROGRAM SPECIFIC TERMS
A-1.1. Central 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 refers to an individual who has been assessed
at the CAC for Forensic Reintegration Support Team (FIRST) program eligibility but has not been enrolled.
Program.
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 Intensive 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.SSD/SSDI is an 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 individual for which the Subrecipient intends to develop
and focus grant -related activities, further defined as follows:
A-1-7.1 Adults refers to person 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 mental illness, substance use disorder,
or a combination thereof. Through repeat encounters with law enforcement, courts, jail, fire Counties,
emergency medical services, hospital 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.
EXHIBIT B - SCOPE OF WORK
B-1. SCOPE OF SERVICE
B-1.1. This is a three-year Grant Agreement, pursuant to the authority under s. 394.656, F.S. The
Subrecipient, under the guidance of Collier County's CJMHSA Planning Council (Planning Council), shall
enhance and expand its existing Forensic Intensive Reintegration Support Team Program (FIRST) to increase
the annual number of Program participants receiving criminal justice diversion services at the Centralized
Assessment Center (CAC), located at the David Lawrence Mental Health Center, Inc..
B-1.2. The Subrecipient shall conduct all activities supported by this Grant Agreement in accordance with
the County's Application, dated September 16, 2016, in response to the Department of Children and Families
Request for Applications (RFA06H16GS1). Both the County's Application and the Department's Request for
Applications are hereby incorporated by reference and shall be maintained in the Subrecipient's and the
County's official files. The terms of the County's Application may not be changed without specific advance written
approval by the Department of Children and Families.
B-2. MAJOR OBJECTIVES
The primary goal of this Grant Agreement is to increase public safety, avert increased spending on criminal justice
systems, and improve the accessibility and effectiveness of treatment services for adults with mental illnesses and co-
occurring mental health and substance abuse disorders, who are in, or at risk of entering, the criminal justice system;
and reduce crime, recidivism, and use of forensic institutions among the target population. The major objectives of this
Grant Agreement that contribute to the goal are to:
B-2.1. Assist in the expansion of CJMHSA services and diversion initiatives described in the County's
Application, hereby incorporated as referenced by Certified Peer Specialist serving at least one third of enrolled
in case management services at David Lawrence Center.
B-2.2. Create and encourage collaboration among key stakeholders, identified in the County's Application;
and evidence by CJMHSA Planning Council and Technical Assistance call at 80% of scheduled meetings.
B-2.3. Assist in the improvement of the quality of life among enrolled Program participants as evidenced
by Peer Support Specialist completing Quality of Life Assessments.
B-3. SERVICE AREA, LOCATIONS AND TIMES
B-3.1. Service Area
The Subrecipient shall provide services within Collier County.
B-3.2, Service Delivery Location
B-3.2.1. The Subrecipient's administrative offices are listed in Section B-3.2.2.1.
B-3.2.2. The primary service delivery location(s) shall be:
B-3.2.2.1. NAMI of Collier County, Inc.
6216 Trail Blvd., Bldg. C
Naples, FL 34108
B-3.3. Service Times
Services shall be available and provided, at a minimum, between the hours of 9:00 am through 5:00 pm, Monday
through Friday, excluding state holidays. Changes in service times and any additional holidays that the
Subrecipient wants to observe shall be approved in writing by the County.
B-3.4. 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 provider by telephone, facsimile, or
email.
B-3.5. Program Years
For the purposes of this Grant, Program Years are defined as:
B-3.5.1. Program Year 1: 7/1/17 — 06/30/18;
B-3.5.2. Program Year 2: 7/1/18 — 6/30/19; and
B-3.5.3. Program Year 3: 7/1/19 — 6/30/20.
The program years do not restrict the expenditure of funds but rather are used for performance
purposes only in tracking outcome measures. The allocation may be expended in any amount through
any year
B-4. CLIENTS TO BE SERVED
Individuals to be served are adults with serious mental illnesses, substance abuse or co-occurring mental health and
substance use disorder who are in, or at risk of entering, the criminal justice system.
B-5. CLIENT ELIGIBILITY AND DETERMINATION.
The Subrecipient is responsible for assessing and determining the eligibility of each person served under this Grant
Agreement. The Subrecipient may assign this responsibility to a subgrantee.
B-6. GRANT LIMITS
The total funds awarded under this Grant shall not exceed $93,000 over the lifetime of this contract.
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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 the objective in Section B-2, within three months of execution of this Grant Agreement, the
Subrecipient shall enhance its existing Program and diversion initiatives to increase public safety, avert
increased spending on criminal justice; and reduce crime, recidivism, and use of forensic institutions among the
target population. To achieve this outcome, the Subrecipient shall:
C-1.1.1 Develop, an information system to track individuals served by Peer Support Specialist and the
David Lawrence Center and Collier County Sherriff Office, during their involvement with the Program
and for at least a minimum of one year after discharge, including but not limited to: arrests, receipt of
benefits, employment, and stable housing as evidenced by quarterly tracking.
C-1.1.2 Ensure that all staff members are hired to provide services to accommodate the number of
individuals served;
C-1.1.2.1. Hire and train all staff listed in C.2.2.1. as evidenced by payroll report showing
employed staff by name and position (submission required with initial payment request and
only when personnel charges are made thereafter);
C-1.1.3 Provide CIT training to law enforcement officers, emergency personnel, civilian deputies and
law enforcement personnel as evidenced by the sign in sheet from each training session.
C-1.2. To support the objective in Section B-2.2., the Grantee encourage collaboration among key
stakeholders, identified in the Subrecipients Application. To achieve this outcome, the Grantee shall:
C-111 Participate in 80% of quarterly Planning Council meetings, strategic planning process, and
FIRST Oversight Committee Meetings as evidenced by sign in sheets; and
C-1.2.2 Participate in FIRST Oversight Committee to complete the Process and Outcomes
evaluations and present the findings at minimum annually to the Planning Council as evidenced by the
agenda and evaluation report.
C-1.3. To support the objective in Section B-2.3., the Grantee shall implement peer support services and
to improve quality of life among Program participants. To achieve this outcome, the Subrecipient shall:
C-1.3.1 Demonstrate improvement in 80% of program participants on the Quality of Life self-report
scale as evidenced by quarterly reporting for each participant indicating their score;
C-2. ADMINISTRATIVE TASKS
C-2.1. Staffing
C-2.1.1. The Subrecipient shall assign and maintain the following staff, as detailed in the
Subrecipient's Application as evidenced by Payroll Summary identifying staff, title and job description
(submission required upon hiring and at execution agreement through:
C-2.1.1.
0.75 FTE Certified Recovery Peer Specialist;
C-2.1.2.
0.15 FTE Executive Director; and
C-2.1.3.
0.3 FTE CIT and Event Coordinator
C-2.2. Professional Qualifications
The Subrecpient shall ensure 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-2.3. Subcontracting
C-2.3.1. 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-2.3.2. The Sub recipient shall; require all subcontractors or sub-Subrecipients at any tier level to
comply with the E -verify clause subject to the same requirement as the Subrecipient.
C-2.3.3. 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 grant funds is made.
C-2.3.4. 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-2.3.5. 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 Contract that mention or describe subcontract
compliance.
C-2.4. Records and Documentation
C-2.4.1. 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-2.4.2. 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-2.4.3. The Subrecipient shall protect confidential records from disclosure and protect participants'
confidentiality in accordance with s.397.501(7), F.S.
C-2.4.4. Unless otherwise specified in Section C-2.5., all correspondence, reports, records and
documentation may be maintained and provided to the County electronically.
C-2.4.5. The Subrecipient shall maintain, and shall ensure all subcontractors and subgrantees
maintain records and documentation including, but not limited to, the following:
C-2.4.5.1. Draft reports, final reports, meeting notes, telephone logs;
C-2.4.5.2. Executed subcontract or sub -grant agreements and any amendments, invoices
and supporting documentation, expenditure reports, and deliverables; and
C.2.5. Reports
C-2.4.5.3. Employment screening results for each staff who meets the requirements to be
screened for employment.
C.2.4.6. 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-2.5.1. All tasks and activities under this Contract shall be documented in the following reports:
C.2.5.1.1. 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 Grantee's
Application and specified in this contract in Exhibit C,D and E. The County will provide the
template needed to file this report.
C.2.5.1.2. Final Program Status Report A detailed report of the services and 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 application and the terms of this
Contract.
C-2.5.2. Reporting Schedule, The Subrecipient shall submit reports in accordance with the reporting schedule in
Table 1 and Exhibit G.
Table 1 - Reporting Schedule
Report Title
Report Due Date(s) Submit Report to:
Quarterly Program Status Report
5th day of the month following the quarter of
program services or activities
Community & Human
Services
Final Program Status Report
No later than 30 days following the ending date
of the Contract
Attention: Dawn Whelan,
Grant Coordinator
C.2.5.3. 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.2.6. Standard Contract Requirements. Subrecipient will perform all acts required by Contract.
C.2.7. Emergency Preparedness Plan.
C-2.7.1. If the task 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 the
Subrecipient, its subcontractors to continue functioning in compliance with the executed Contract in
the event of an actual emergency.
EXHIBIT D - DELIVERABLES
D-1. SERVICE UNITS
D.I.I. The Subrecipient shall provide CIT training that may include but not limited to deputies, patrol officers,
corrections officers, and 911 dispatch officers and other emergency personnel each program year, for a total of
240 individuals during the life of this Grant Agreement. The Subrecipient must provide services to the Annual
Minimum Number specified in Table 2.
Table 2 - Service Targets
Target # of Participants
Individuals---------------------------------------------------------------------- ----- --- —
Program Year 1 Program Year 2 Program Year 3Program Lifetime
Served— -- ---------------- ---- ---- - -- �.� ---- - ---- __ -�------------------
07/01/17 - 06/30/18 I —07/01118 - 06/30/19 07/01119 - 06/30/20 _ 07/01117 - 06/30/20
D-1.2
CIT Training 80 80 80 240
—Target Number ---
D-1.3
CIT Training 64 64 64 192
Minimum Annual
Number
D-2, DELIVERABLES. The Subrecipient shall demonstrate satisfactory progress towards each lifetime service
target in Section D-1 through submission of quarterly data reporting in each Program Report specified in Section C-2.5
D-3. PERFORMANCE MEASURES FOR ACCEPTANCE OF DELIVERABLES
D-3.1. During each program year, satisfactory progress toward the Service Target specified in Section D-1.
shall be demonstrated by services to at least;
D-3.1.1. 20% of the Program year target by the end of the first quarter;
D-3.1.2. 40% of the Program year target by the end of the second quarter;
D-3.1.3. 60% of the Program year target by the end of the third quarter; and
D-3.1.4. 80% of the Program year target by the end of the fourth quarter.
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EXHIBIT E —PERFORMANCE MEASURES
Subrecipient shall submit quarterly performance reports for the following measures:
E-1. MINIMUM PERFORMANCE MEASURES. The following qualitative performance measures are established
pursuant to the contract and shall be maintained during the term of this Contract and reported quarterly.
E-1.1. 80% of Program participants will be assisted in applying or be linked to Social Security or other benefits
for which they may have been eligible but were not receiving at Program Admission.
E-1.2. 90% of Program participants who complete assessment will exhibit improvement in a Quality of Life Self -
Assessment.
E-1.3. 50% of Program participants will be diverted from a State Mental Health Treatment Facility
E-2, PERFORMANCE EVALUATION METHODOLOGY, The County will monitor the Subrecipients performance in
achieving the standards in Section E-1 according to the following methodology and the Subrecipient shall use this
methodology in determining overall compliance when submitting the outcome report quarterly to the County.
E-2.1. For the measure in Section E-1.1., the total number of program participants who were eligible for, but
not receiving, social security or other benefits at program admission who are assisted with applying for such
benefits within 180 days of 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%.
E-2.2. For the measure in Section E.1.2., the total number of individuals enrolled in the Program, who agree to
participate in the Peer Specialist facilitated Quality Life Assessment DIVIDED BY the total number of individuals
who agree to participate in the Peer Specialist facilitated Quality Life Assessment whose admission and quarterly
Assessments show improved scores shall be GREATER THAN OR EQUAL TO 90%.
E-2.3. For the measure in Section E.1.3. the total number of individuals screened and enrolled in the Program
diverted from a State Mental Health Treatment Facility admission DIVIDED BY the total number of individuals
screened for Program eligibility meeting the criteria for a State Mental Health Treatment Facility admission shall
be GREATER THAN OR EQUAL TO 50%.
E-3. For the following measures the Subrecipient shall receive client data for tracking from David Lawrence
Mental Health Center, Inc. and the Collier County Sherrill Office on a quarterly basis evidenced by the
Outcome Tracking Log (to be submitted with each request for payment):
E-3.1. 60% of Program participants not residing in a stable housing environment at program admission will
report living in a stable housing environment within 90 days of Program admission.
E.3.2. 60% of Program participants not employed at Program admission who are employed full or part-time
within 180 days of Program admission.
E.3.3 60% of Program participants not employed at Program admission who are employed full or part-time one
year following Program discharge.
E.3.4. 60% of Program participants not residing in a stable housing environment at program admission will
report living in a stable housing environment one year following Program discharge.
E.3.5 50% reduction in the total number of arrest or re -arrest amount among Program participants while enrolled
in the Program following Program discharge compared to the one year prior to Program admission.
E.3.6 50% reduction in the total number of arrest or re -arrest amount among Program participants within the
one year period following Program discharge compared to the one year period prior to Program admission.
E-4. The County through the annual monitoring process conducted by the CHS Grants Compliance Unit shall
evaluate the Subrecipients performance with receiving performance data from David Lawrence Mental Health
Center, Inc. and participation in achieving the standards in Section E-3, according to the following
methodology;
E.4.1. For the measure in Section E-3.1., the total number of Program participants not residing in a stable housing
environment at program admission who live in a stable housing environment within 90 days of Program admission
DIVIDED BY the total number of Program participants not residing in a stable housing environment at Program
admission shall be GREATER THAN OR EQUAL TO 60%.
E-4.2. For the measure in Section E-3.2, the total number of program participants not employed at Program
admission who are employed full or part-time within 180 days of Program admission DIVIDED BY the total number
of Program participants not employed at Program admission shall be GREATER THAN OR EQUAL TO 60%.
E-4.3. For the measure in Section E-3.3., the total number of Program participants not employed at Program
admission who are employed full or part-time one year following Program discharge DIVIDED BY the total number
of Program participants not employed at Program admission shall be GREATER THAN OR EQUAL TO 60%.
E.44. For the measure in Section E-3.4., the total number of Program participants not residing in a stable
housing environment at program admission who live in stable housing one year following Program discharge
DIVIDED BY the total number of Program participants not residing in stable housing at Program admission shall
be GREATER THAN OR EQUAL TO 60%.
E.45. For the measure in Section E-3.5., the total number of arrests among participants while enrolled in the
Program 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.46. For the measure in Section E-3.6., 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%.
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EXHIBIT F - METHOD OF PAYMENT
F-1. PAYMENT METHODOLOGY
F-1.1. This is a fixed price/fixed fee contract. The County will pay the Subrecipient for the delivery of tasks,
deliverables and outcomes provided in accordance with the terms of this Contract subject to availability of funds.
F-1.2. The County shall remit payment to the Subrecipient per the schedule in the table below.
Year 1 Quarter 107/01/17-09130/17
$7,750
Year 1 Quarter 210/01/17-12/31/17
$7,750
Year 1 Quarter 3 01/01/18-03/31/18
$7,750
Year 1 Quarter 4 04/01/18-06/30/18
$7,750
Year 2 Quarter 107/01/18-09/30/18
$7,750
Year 2 Quarter 210/01/18-12/31118
$7,750
Year 2 Quarter 3 01/01/19-03/31/19
$7,750
Year 2 Quarter 4 04/01/19-06/30/19
$7,750
Year 3 Quarter 107/01/19-09/30/19
$7,750
Year 3 Quarter 210/01/19-12131/19
$7,750
Year 3 Quarter 3 01101/20-03/31/20
$7,750
Year 3 Quarter 4 04/01/20-06/30/20
$7,750
Total
$93,000
F-1.3. The Subrecipient shall request payment by submission of a properly completed invoice (Exhibit H) and
submission of all supporting documentation, as outlined in Exhibits C, D and E (no later than the 511 business day
of the quarter after the end of the prior quarter following service provision, accompanied by the corresponding
quarterly performance reports and any other deliverable report due for the period of invoice.
F-1.4. The County shall approve payment requests following receipt of compliance with the Exhibit C (1.1.1.,
1.1.2.1., 1.1.3, 1.2.1, 1.2.2, 1.3.1, 2.5.1.1 and 2.5.1.2), Exhibit D Tasks (D.1.2 and D-1.3) and Exhibit E
Performance Measures (E1.1— E1.3) and provide documentation of receipt of data for E-3.
F-1.4.1. 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-1.4.2. 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-1.5. 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 rights to payment and
the County shall not honor any requests submitted after the aforesaid time -period. Any retainage payment (10%)
due under the terms of this Contract will be withheld until the Final Program Status Report are submitted, and the
Close Out Monitoring is completed and approved by the County,
F-1.6, The Subrecipient shall provide match funds( Exhibit H-1) in accordance with the schedule in the table below:
Program Year One
$34,143
Program Year Two
$34,143
Program Year Three
$34,142
Total Match Requirement 2017.2020
$102,428
The Subrecipient shall submit match on a quarterly basis and the amount of the match submission is not
required to commensurate with the payment/invoice amount. The Subrecipient shall meet the entire program
year match obligation at the end of the program year and in the event that the Subrecipient has not satisfied their
entire match obligation by the third quarter of program year 3 payment will be withheld until such time as the
obligation is met.
F-1.7. The County shall remit payment to the SUBRECIPIENT for the performance of this contract upon
completion of the work tasks as accepted and approved by CHS in accordance with 171-4, Payments shall be
made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per
quarter, Payment will not occur if SUBRECIPIENT fails to perform at the minimum level of service required by
this Contract. No payment will be made until approved by CHS 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 "Local Government
Prompt Payment Act."
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EXHIBIT G
Reporting Deliverables
Report/Deliverable Name
Supporting Document
Due Date
Quarterly Payment Request
As detailed in Exhibit F. 1.4 and
5(h day of the month following the
Exhibit H
end of the quarter
Match
Match documentation, Exhibit H-1
Quarterly
Quarterly Program Services
Quarterly Service Report
51h day of the month following the
Report
end of the quarters
Final Program Report
Final Program Report Template
30 days following the ending
date of the agreement
Incident Report
Incident Report
Per Occurrence
Employment Screening
Certification from each employee
July 31 and per occurrence for
Certification
working on grant
each new hire
Security Awareness Training
Certificate for those staff entering
At contract execution and
data into State System
annually thereafter.
Insurance (Director & Officer,
Insurance Certificate/Deceleration
Within 30 days of expiration
Workmen's Comp, Liability)
Favorable Conditions
Attestation Form
July 31 and annually thereafter.
Financial and Compliance Audit
Exhibit I
Annually within 9 months of
Fiscal Year End
Disaster Plan
Plan
Within 30 days of contract
execution and within 30 days of
any changes to the plan.
Deaf -and -Hard of Hearing
Single Point of Contact and ADA
5th day of the month following the
Report
end of the quarter
CHS Conflict of Interest
Conflict of Interest Form
Within 30 days of hire for each
employee working on the grant
EXHIBIT H
Payment/Match Request
Exhibit I
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR 200.500 requires Collier County, to monitor subrecipients of federal awards to determine i
audit requirements, Accordingly, Collier County requires that all appropriate documentation is provided re
In determining Federal awards expended in a fiscal year, the. entity must consider all sources of Federal
the federal award occurs, including any Federal award provided by Collier County. The determination'of'
zyy, oUUpdrl r'—Huult mequlfefnents' IUr nwdl XdafS UNIIIIIIIN UII U1 dilel UCI:CIIIUUI GU 4VI4. 1111, IUIIf1 Illux UV uacu tv nwnitul wnua �nuic nuun
Act `(Statute `215.97) requirements.
Subrecipient
Name
First Date of Fiscal Year (MMIDDIYY) Last Date of Fiscal Year (MMIDDNY)
Total.Federal Financial Assistance Expended'.during most recently Total State Financial Assistance Expended during most recently
completed Fiscal Year completed Fiscal Year
Check A. or B. Check C if applicable
A. The Federal/State expenditure threshold for our fiscal year ending as indicated above has been met and a Circular A-133 or 2 CFR
❑ Part 200, Subpart F Single Audit has been completed or will be completed by Copies of the audit report and
management letter are attached or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB Circular A-133 or 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ ❑ Are a for-profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written
response provided within the audit reports. While we understand that the audit report contains a written response to the finding(s), we
are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from
your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
1 hereby certify that the above.Information is true and accurate.
Signature Date
Print Name and Title
5
Contract No, LHZ54
CFDA No.
CSFA No. 60.115
Client Services ® Non -Client ❑
Subrecipient ® Vendor ❑
Federal Funds ❑ State Funds
THIS CONTRACT 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`. If this document is denoted above as
a GRANT AGREEMENT, the term "Contract" as it may appear hereinafter shall be consirued 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".
The section headings contained in this contract are for reference purposes only and shall not affect the meaning or interpretation of this
contract.
The Department and Provider agree as follows:
1. ENGAGEMENT, TERM AND CONTRACT DOCUMENT
1.1, Purpose and Contract Amount
The Department is engaging the Provider for the purpose of expanding 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, payable as provided in Section
3, in an amount not to exceed $1,042,506.00,.
1.2. Official Payee and Party Representatives
1.2.1. The name, address, telephone number and e-mail address of the Providers official payee to whom the payment shall be
directed on behalf of the Provider are:
Name: Collier County Board of County Comissioners
Attention: Clerk's Finance Office
Address: 3299 Tamlaml Trail East, Suite 403
City: Naples Stale:FL Zip Code:34112
Phone: (239) 252.8481 Ext: E-mail:
122. The name of the contact person and address, telephone, and e-mail address where the Providers financial and
administrative records are maintained are:
Name: KlmberleyGrant
Address: 3339 Tamlaml Trail East
Community and Human Services Division
City: N_ aples State: FL Zip Code:34112
Phone: 239.252-4228 Ext; E-mail: KimberleyGrant(a)colller.net
1.2.3. The name, address, telephone number and e-mail of the Providers representative responsible for administration of the
program under this Contract (and primary point of contact) are:
Name: Klmberley Grant
Address: 3339 Tamlaml Trail East
Community and Human Services Division
City: Naples State:FL Zip Code:34112
Phone: 239.252.6287 Ext: E-mail: KimberlevGrant(@collier.gov
1.2.4. - The name, address, telephone number and e-mail address of the Contract Manager for the Department for this Contract
are:
Name: Jennifer Benghuzzi, FCCM
Address: 1317 Winewood Blvd., Bldg. 6, Room 235
City: Tallahassee State:FL Zip Code:32399
Phone: 850.717.4348 E)TE-mail:jennifer.benghuzziPmyflfamilles.com
CF Standard
Integrated Contract 20116
Contract No. LHZ54
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.
1.3. Effective and Ending Dates
This Contract shall be effective on July 1, 2017 or the last date executed by a party, whichever is later. The service performance period
under this Contract shall commence on July 1, 2017 or the effective date of this Contract, whichever is later, and shall end at midnight,
Eastern time, on June 30, 2020, subject to the survival of terms provisions of Section 7.4.
® This Contract may not be renewed.
❑ This Contract may be renewed In accordance with Section 26 of the PUR 1000 Form and, if renewed, costs for the renewal
may not be charged to this Contract.
❑ This Contract may be renewed in accordance with Section 26 of the PUR 1000 Form and, if renewed, 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 (F.S.).
1.4. Contract Document
This Contract is composed of Sections 1 through 9, Exhibits A through F, ARachmenls 1 through 2 and any exhibits referenced in said
attachments, and 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.dof.state.fl,us/admin/contracts/docs/GlossaryofContractTerrns.pdf are incorporated into and made a part of this
Contract. Additional definitions may be set 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 f ,d., 2-4, 6, 8-
13, 23, 27 and 31 of the PUR 1000 Form are not applicable to this Contract. In the event of any conflict between the PUR 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 ExhibilA, Special Provisions, supplement or modify the terms of Sections 1 through 9, 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:
1.4.4.1. Exhibits A through F;
1.4.4.2. Any documents incorporated into any exhibit by reference;
1.4.4.3. This Standard Integrated Contract;
1.4.4,4. Any documents incorporated into this Contract by reference;
1.4.4.5. 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.
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Integrated Contract 2016
Contract No. LHZ54
21 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. The performance measures for acceptance of dellverables are set forth in Exhibit D, Section D-4.
2.4.2, 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 six (6) months, for the Provider to correct
performance deficiencies. If performance deficiencies are not resolved to the satisfaction of the Depa+tment 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 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, 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. Prompt Payment and Vendor Ombudsman
Per 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 property completed invoice is received by the Department or the goods or
services are received, inspected, and approved (or within thirty-five (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 1 dollar will not be paid unless the Provider requests payment. A Vendor
Ombudsman has been established within the Department of Financial Services and may be contacted at (850) 413-5516.
3.2, Method of Payment
The Provider shall be paid in accordance with Exhibit F, Method of Payment.
3.3. Invoices
3.3.1. 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.
3.3.2. The final invoice for payment shall be submitted to the Department no more than 60 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 lime period. Any payment due under the terms of this Contract may be wilhheld until performance of
services and all reports due from the Provider and necessary adjustments thereto, have been approved by the Department.
3.4. 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. The parties agree that the penalties provided for under
CF Standard
Integrated Contract 2016 3 Contract No. LHZ54
Section 6.1 constitute financial consequences under sections 287.058(1)(h) and 215.971(1)(c), F.S. The foregoing does not limit
additional Fnancial 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 lerminatlon of this Contract per Section 6.23 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 3.5, to the extent of such error.
3.5. 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 contractor agreement.
3.6. MyFlorldaMarketPiace 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 lime -to -time, 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.
4.2. State Policies
The Provider shall comply with the polices set forth in the Department of Financial Services' Reference Gulde.for State Expenditures
and active Comptroller/Chief Financial Officer Memoranda issued by the Division of Accounting and Auditing.
4.3, Independent Contractor, Subcontracting and Assignments
4.3.1. 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 specillcally 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.
4.3.2. 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 fumish 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 jointemployment 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 condilions of employment of their own employees.
4.3.3. 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.
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Contract No. LHZ54
4.3.4. 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.
4.3.5, 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.
4.3.6. The Provider shall include, in all subcontracts (at any tler) 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.
® The Provider may subcontract under this Contract.
❑ This Provider is prohibited from subcontracting under this Contract.
4.3.7. 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 seven (7) working days after receipt of full or partial payments from the
Department in accordance with section 287.0585, F.S., unless otherwise slated 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 (0.5%) 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.
4,4. 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:
4.4.1. 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.
4.4.2. 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., including litigation initiated by the Department.
The Provider's inability to evaluate liability or its evaluation of liability shall not excuse its duly 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
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.
4.5. 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.
CF Standard
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4.6. 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 ten (10) days of Provider becoming aware of such actions or
potential actions or from the day of the legal filing, whichever comes first.
4.7, 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 (hat 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.
4.7.1. 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.
4.7.2. 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.
4.8. 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.
4.9. 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 (east 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.
4,10. 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 Slate 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 Stale 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.
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4,11. Sponsorship
As required by section 288.25, F.S., if the Provider is a non-govemmental 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 "Slate of Florida, Department of Children and Families" shall appear in at
least the same size letters or type as the name of the organization.
4.12. 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 ifs subcontractors, if any, comply with these provisions.
4,13. 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: l) 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 through the Internet at htp:ilwviw.dof.state.g.us/admin/ig/roffraudl.shtmI or by
completing a Notification/Investigation Request (Form CF 1934) and emailing the request to the Office of Inspector General at
iG.Complaints@myflfamilies,com. 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 Children and Families Operating Procedure (CFOP)180-4, which can be oblained from the Contract Manager.
4.14, Employment Screening
4.14.1. The 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:
4.14.1.1. Employment history checks;
4.14.1.2. Fingerprinting for all criminal record checks;
4,14,1.3. Statewide criminal and juvenile delinquency records checks through the Florida Department of Law Enforcement
(FDLE);
4.14.1.4. Federal criminal records checks from the Federal Bureau of Investigation via the Florida Department of Law
Enforcement; and
4,14.1,5. Security background investigation, which may include local criminal record checks through local law enforcement
agencies.
4.14.1,6. 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 immedlately if arrested for any of the
disqualifying offenses while employed by the employer,
4.14.2. The 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.
4,14.3. The Department requires, as applicable, the use of the Officer of Inspector General's Request for Reference Check form
(CF 774), which states: "As part of the screening of an applicant being considered for appointment to a career service, selected
exempt service, senior management, or OPS position with the Department.of Children and Families or a Contract Provider
Agency, a check with the Office of Inspector General (IG) is required to determine if the individual is or has been a subject of an
investigation with the IG's Office, The request will only be made on the individual that is being recommended to be hired for the
position if that individual has previously worked for the Department or a Contract Provider, or if that individual is being promoted,
transferred or demoted within the Department or Agency."
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4.15. 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 Code of Federal Regulations (CFR), Part 46, and 42 United States Code (U.S.C,) §§ 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.
4.16. Coordination of Contracted Services
Section 2137.0575, 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:
4.16.1. Name of each contracting State agency and the applicable office or program issuing the contract.
4.16.2. Name of each contracting State agency and the applicable office or program issuing the contract.
4.16.3. Identifying name and number of the contract.
4.16.4. Starting and ending date of each contract.
4.16.5. Amount of each contract.
4.16.6. A brief description of the purpose of the contract and the types of services provided under each contract.
4,16.7. Name and contact information of each Contract Manager,
5. RECORDS, AUDITS AND DATA SECURITY
5.1. Records, Retentlon, 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 Coritract, 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.
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 2 CFR § 200.336, 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.).
5.1.8. 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.
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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
6.2.4.
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 Departmenl, 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 Providers 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 the following standards:
5,321. 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.
5.3.2.2. 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. Accompanying the submission shall be an updated version of the justification under
Section 5.3.2.a., correlated specifically to redacted informatlon, 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 (hose 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 United States Code (U.S.C.) § 1320d.) and the
regulations promulgated thereunder (45 CFR Parts 160,162, and 164) incidental to performance of this Contract.
® In compliance with 45 CFR § 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 Providers performance of this Contract.
5.5, 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:
5.5.1. 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
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Data Security Officer will ensure that user access to the data system or information has been removed from all terminated Provider
employees.
5.5.2. The Provider shall provide the latest Departmental security awareness training to its staff who have access to
departmental information.
5.5.3. All Provider employees who have 8ccess 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.
5.5.4. 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.
5.5.5. 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.
5.5.6. The Provider shall at its own cost provide notice to affected parties no later than forty-five (45) days following the
determination of any potential breach of personal or confidential Departmental data as provided in section 501.171, 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.
5.5.7. 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 Section 5.5 and the term "Provider" shall be
deemed to mean the subcontractor for such purposes.
5,6. Public Records
5.6.1, 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. As required by section
287.058(1)(c), F.S., 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 Contracl.
5.6.2. 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:
5.6.2.1. Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to
perform the service.
5.6.2.2. Upon request from the Department's custodian of public records, provide to the Department a copy of requested
records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in Chapter 119, F.S., or as otherwise provided by law.
5.6.2.3. Ensure that public records that are exempt or confrdenlial and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of
the contract if the Provider does not transfer the records to the Department.
5.6.2.4, Upon completion of the contract, transfer, at no cost, to the Department all public records in possession of the
Provider or keep and maintain public records required by the Department to perform the service. If the Provider transfers all
public records to the Department upon completion of the contract, the Provider shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If the Provider keeps and
maintains public records upon completion of the contract, the Provider shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the Department, upon request from the Department's
custodian of public records, In a format that is compatible with the information technology systems of the Department.
5.6.3, IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OR CHAPTER
1192 F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 850.487-1111, OR BY
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EMAIL AT DCFCustodian _MYFLFAMILIES.COM, OR BY MAIL AT: DEPARTMENT OF
CHILDREN AND FAMILIES, 1317 WINEWOOD BLVD., TALLAHASSEE, FL 32399.
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 (90%) 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.
6.2.2, This Contract may be terminated by the Provider upon no len than thirty (30) calendar days' notice in writing to the
Department unless a sooner time is mutually agreed upon in writing.
6.2.3. 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.
6.2.4, In the event the Provider faits to fully comply with the terms and conditionsof 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
slates 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), FAC., 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.
6.2.5. 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.
6.2.6. In the event of termination under Sections 6.2.1 or 6.2.3, the Provider will be compensated for any work satisfactorily
completed through the date of termination or an earlier date of suspension of work perSection 21 of the PUR 1000.
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6.2.7. 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.
6.3. Dispute Resolution
6.3.1. Any dispute concerning performance of this Contract or payment hereunder shall be decided by the Department, which
shall be reduced to writing and a copy of the decision shall be provided to the Provider by the Contract Manager. The decision
shall be final and conclusive unless within twenty-one (21) calendar days from the date of receipt of the Department's decision, the
Provider delivers to the Contract Manager a petition for alternative dispute resolution,
6.3.2. 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 shalt be a condition precedent to any legal action by the Provider concerning this Contract.
6,3.3. After timely delivery of a petition for alternative dispute resolution, the parties may employ any dispute resolution
procedures described in the exhibits or other attachments, 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.
6.3.4. Completion of such agreed process shall be deemed to satisfy the requirement for completion of the negotiation process.
6.3.5. This section shall not limit the parties' rights of termination under Section 6.2.
6.3.6. All notices provided by the Department under Section 6 shall be in writing on paper, physically sent to the person
identified In Section 1.2.3 by U.S. Postal Service or any other delivery service that provides verification of delivery, or -by hand
delivery. All notices provide by the Provider under Section 6 shall be in writing on paper, physically sent to the person identified in
Section 1.2.4 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.
71 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 unlavAul or unenforceable, the remainder of the Contract shall remain in
full force and effect and such term or provision shall be stricken.
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 Providers 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
Modificalions 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.
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7.6, 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.
7.7. 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.
7.8. Accreditation
The Department is committed to ensuring provision of the highest qualify 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.
7.9. Transitloning 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 transitioning from the foster care system.
7.10. DEQ 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.
7.11, 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 such approval, the Provider may, at its discretion, sell these commodities or services to additional agencies, upon the
terms and conditions contained herein.
7.12. Unauthorized Aliens
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 901
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 employmenl 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.
7.13. 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 thirty (30) days of
execution of this Contract and annually thereafter in accordance with CFOP 60-16 and 45 CFR, Part 80,
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7,14. 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.
7.15. 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 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.
7.16. Whistleblower's Act Requirements
In accordance with subsection 112,3187, 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 Holline number at 1-800-543-5353.
7.17. 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
productsfsevices available from PRIDE may be obtained by contacting PRIDE, (800) 643-8459.
7.18. 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.
B. FEDERAL FUNDS APPLICABILITY
The terms in this section apply if the box for Federal Funds is checked at the beginning of this contract.
8.1. Federal Law
8.1.1, The Provider shall comply with the provisions of Federal law and regulations including, but not limited to, 2 CFR, Part 200,
and other applicable regulations.
8.12 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, Pari 60 if applicable.
8.1.3. 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 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 (2 CFR, Part 1500). The Provider shall report any violations of the above to the
Department.
8.1.4, 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
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Integrated Contract 2016 14 Contract No. LHZ54
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 retumed to the Contract Manager, prior to payment under this Contract.
8.1.5. If this Contract 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.
82 Federal Funding Accountability and Transparency Act (FFATA)
The FFATA Act of 2006 is an act of Congress that requires the full disclosure to the public of all entities or organizations receiving
federal funds.
8.2.1, The Provider will complete and sign the FFATA Certification of Executive Compensation Reporting Requirements form
(CF 1111 or successor) if this Contract includes $30,000 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 and receives more than $25 million in total federal funding.
8.2.2. The Digital Accountability and Transparency Act (DATA) 2014 is an expansion of the FFATA Act of 2006, the purpose is
for further transparency by establishing government -wide data identifiers and standardized reporting formats to recipient and sub -
recipients.
8.3. Federal Whistleblower Requirements
Pursuant to Section 11(c) of the OSH Act of 1970 and the subsequent federal laws expanding the act, the Provider is prohibited from
discriminating against employees for exercising their rights under the OSH Act. Details of the OSH act can be found at this website:
hUP:Jlwww.whistleblowers.govlindex.htm1.
CLIENT SERVICES APPLICABILITY
The terms in this section apply if the box for Client Services is checked at the beginning of this contract.
9.1. Client risk Prevention
If services to clients are to be provided under this contract, the Provider and any subcontractors shall, in accordance with the client risk
prevention system, 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.
9.2. Emergency Preparedness Plan
If the tasks to be performed pursuant to this contract include the physical care or supervision of clients, the Provider shall, within thirty
(30) days of the execution of this contract, submit to the Contract Manager 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 Provider to continue functioning in compliance with the executed contract in the event of an actual emergency. 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 relativelnon-relative home, or be placed in a licensed foster care setting, No later than twelve
months following the Department`s original acceptance of a plan and every twelve (12) months thereafter, the Provider 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. The Department agrees to respond in writing within thirty (30) days of receipt of the original or updated plan,
accepting, rejecting, or requesting modifications. In the event of an emergency, the Department may exercise oversight authority over
such Provider in order to assume implementation of agreed emergency relief provisions.
U. Emergency Support to the Deaf or Hard -of -hearing
9.3.1, 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,
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Integrated Contract 2016 rs Contract No. LHZ54
9.32 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 Providers Single -Point -of -Contact and that of its Subcontractors
will process the compliance data into the Department's HHS Compliance reporting Database by the 5", 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
fourteen (14) calendar days of the effective date of this requirement.
9.3.3. The Provider shall, within thirty (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.
9.3.4. 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 fifteen (15) or more employees shall allest 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.
9.3.5. The Provider's Single -Point -of -Contact whl 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 is available at: hfp:tlwww.myfifamilies.com/about-us/seNiCes-deaf-and-hard-hearingldcf-
posters.
9.3.6. The Provider and its subcontractors shall document the customer's or companion's preferred method of communication
and any requested auxiliary aidslservices 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.
93.7. 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.
9.3.8. The Department requires each contracUsubcontract provider agency's direct service employees to complete training on
serving our Customers who are Deaf or Hard -of -Hearing 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.
9.4. 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.
9.4.1. 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,, 63.1165, 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.
9.4.2. 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 2 CFR § 200.303
and 2 CFR § 200.337, 7 CFR § 272.1(c), 42 CFR §§ 2.1-2.3, 42 CFR § 431.300.306, 45 CFR § 205.
9.4.3. A summary of Florida Statutes providing for confidentiality of this and other infonnation are found in Part II of the Attorney
General's Government in the Sunshine Manual, as revised from time -to -time.
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Integrated Contract 2016 16 Contract No. LHZ54
By signing this Contract, the parties agree that they have read and agree to the entire Contract, as described In Section 1.4.
IN WITNESS THEREOF, the parties hereto have caused this 48 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: Signatur
PrintlType J PrintlType
Name; Penny Taylor Name: John N, Bryant
Assistant Secretary of Substance Abuse and
Title: hot r"taTitle Mental Health
Date: 7 Date:
The parties agree that any future amendment(s) replacing this page will not affect the above execution.
Federal Tax ID # (or SSN): 59.6000558 Provider Fiscal Year Ending Date: 091K
The Remainder of this Page Intentionally Leff Blank,
ATTEST-
I ' t hf'� �.O'ROCK, Clerk
.S.
Qg' O;'&It'iliall'S
si
Ra u.
CF Standard
Integrated Contract 2016
Approved as to form and legality
Assistant County 1411
1y
S
17 Contract No. LHZ54
EXHIBIT A — SPECIAL PROVISIONS
The following provisions supplement or modify the provisions of Items 1 through 9 of the Integrated Standard Contract,
as provided herein:
A-1. ENGAGEMENT, TERM AND CONTRACT DOCUMENT
Program Specific Terms
In addition to the provisions of Section 1.4.1, the following definitions apply to this Grant Agreement.
A-1.1. Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program, hereinafter
referred to as "Program"
The program created in s. 394.656, F.S„ which provides funding to counties which they may use to plan,
implement, or expand initiatives that increase public safely, avert increased spending on criminal justice, and
improve the accessibility and effectiveness of treatment services for adults and juveniles who have a mental
illness, substance abuse disorder, or co-occurring mental health and substance abuse disorders and who are in,
or at risk of entering, the criminal or juvenile justice systems.
A-1.2. Criminal Justice, Mental Health, and Substance Abuse Technical Assistance Center, hereinafter
referred to as "TAC"
The center created in s. 394.659, F.S., which provides information and technical support to counties and agencies
in implementing the Reinvestment Grant Program.
A-1.3. Crisis Intervention Team (CIT)
A first responder model that provides law enforcement -based crisis intervention training for assisting individuals
with a mental illness and/or substance use disorder experiencing a behavioral healthcare crisis.
A-1.4. Forensic Intensive Reintegration Support Team (FIRST)
Forensic Intensive Case Management Team for persons with mental illness and substance abuse problems re-
entering the community post -arrest. The multidisciplinary team consists of in -jail screeners, a case manager,
therapist, and basic living skills coach.
A-1.5. Forensic Intensive Case Management
Forensic Intensive Case Management is an adaptation of Intensive Case Management (ICM) for justice -involved
people with serious mental illness. This form of case management focuses on mental health and criminal justice
outcomes.
A-1.6. Managing Entity (ME)
As defined in s. 394.9082(2)(e), F.S.
A-1.7. Moral Reconation Therapy (MRT)
A systematic treatment strategy that seeks to decrease recidivism among juvenile and adult criminal offenders
by increasing moral reasoning.
A•1.8. Motivational Interviewing (MI)
An evidence -based treatment that works on facilitating and engaging intrinsic motivation within the client in order
to change behavior. MI is a goal -oriented, client -centered counseling style foreliciting behavior change by helping
clients to explore and resolve ambivalence.
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A-1.9. Sustainability
The capacity of the Grantee and its partners to maintain the service coverage, developed as a result of this grant,
at a level that continues to deliver the intended benefits of the initiative after the financial and technical assistance
from the Department is terminated.
A-2. STATEMENT OF WORK
There are no additional provisions to this section of the Standard Contract.
A-3. PAYMENT, INVOICE AND RELATED TERMS
A-3.1. Return of Funds
In addition to the provisions of Section 3.5., the Grantee shall return to the Department any unused funds; any
accrued interest earned; and any unmatched grant funds, as detailed in the Final Financial Report, no later than
60 days following the ending date of this Grant Agreement.
A-4, GENERAL TERMS AND CONDITIONS GOVERNING PERFORMANCE
A-4,1, Coordination of Contracted Services
In addition to the terms of Section 4,16., the Grantee shall coordinate services provided under this Grant
Agreement with the Managing Entity responsible for the coordinated system of care in the Service Location
covered by this Grant Agreement
A-4.1.1, The Grantee shall submit a copy of this Grant Agreement and any amendments or renewals to
the Managing Entity within 30 days of execution;
A-4.1.2. The Grantee shall provide contact information to the Managing Entity for a designated service
coordinator; and
A-4,1,3. The Grantee shall participate in coordinated system of care activities sponsored by the
Managing Entity to support systemic referral coordination, needs assessment, planning, development,
data collection, resource sharing, and related activities of the Managing Entity,
A-4.2. Exhibit Al contains additional state and federal laws, rules, and regulations applicable to performance
under this Grant Agreement.
A-5. RECORDS, AUDITS AND DATA SECURITY
There are no additional provisions to this section of the Standard Contract.
A-6. PENALTIES, TERMINATION AND DISPUTE RESOLUTION
There are no additional provisions to this section of the Standard Contract.
A-7. OTHERTERMS
A-7.1. Financial Assistance
As a recipient of state financial assistance, the Grantee shall comply with s. 215.97, F.S. Expenditures of state
financial assistance shall comply with laws, rules and regulations applicable to expenditures of State funds,
including, but not limited to, the Reference Guide for State Expenditures, The Grant Agreement may be charged
only with allowable costs resulting from obligations incurred during the term of the Grant Agreement. Any
balances of unobligated cash that have been advanced or paid that is not authorized to be retained for direct
program costs in a subsequent period must be refunded to the State.
A•7.2, Property
A-7.2,1. The word "property" as used in this section means equipment, fixtures, and other property of a
non -consumable and non -expendable nature, the original acquisition cost or estimated fair market value
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Integrated Contract 2016 19 Contract No. LHZ54
of which is $1,000 or more and the normal expected life of which is one year or more. This definition
also includes hardback -covered bound books that are circulated to students or the general public, the
original acquisition cost or estimated fair market value of which is $25 or more, hardback -covered bound
books, the cost or value of which is $250 or more, and all computers. Each item of property which it is
practicable to identify by marking shall be marked in the manner required by the Auditor General. Each
custodian shall maintain an adequate record of properly in his or her custody, which record shall contain
such information as shall be required by the Auditor General. Once each year, on ,luiy 1 or as soon
thereafter as is practicable, and whenever there is a change of custodian, each custodian shall take an
inventory of property in his or her custody. The Inventory shall be compared with the property record,
and all discrepancies shall be traced and reconciled. All publicly supported libraries shall be exempt
from marking hardback -covered bound books, as required by this section. The catalog and inventory
control records maintained by each publicly supported library shall constitute the properly record of
hardback -covered bound books with a value or cost of $25 or more included in each publicly supported
library collection and shall serve as a perpetual inventory in lieu of an annual physical inventory. All
books identified by these records as missing shall be traced and reconciled, and the library inventory
shall be adjusted accordingly.
A-7.2.2. If any property is purchased by the Grantee with funds provided by this Grant Agreement, the
Grantee shall inventory all nonexpendable property including all computers. A copy of which shall be
submlfted to the Department along with the expenditure report for the period in which it was purchased.
At least annually, the Grantee shall submit a complete inventory of all such property to the Department
whether new purchases have been made or not.
A-7.2,3. The inventory shall include, at a minimum, the identification number; year andlor model,: a
description of the property, its use and condition; current location; the name of the property custodian;
class code (use state standard codes for capital assets);. if a group, record the number and description
of the components making up the group; name, make, or manufacturer; serial number(s), if any, and if
an automobile, the Vehicle Identification Number (VIN) and certificate number; acquisition date; original
acquisition cost; funding source; and, information needed to calculate the federal and/or state share of
its cost.
A-724. The Grant Manager must provide disposition instructions to the Grantee prior to the end of the
Grant Agreement period. The Grantee cannot dispose of any property that reverts to the Department
without the Grant Manager's approval. The Grantee shall fumish a closeout inventory no later than 30
days before the completion or termination of this Grant Agreement. The closeout inventory shall include
all nonexpendable property including all computers purchased by the Grantee. The closeout inventory
shall contain, at a minimum, the same information required by the annual inventory,
A-7.2.5. The Grantee hereby agrees that all inventories required by this Grant Agreement shall be
current and accurate and reflect the date of the inventory. If the original acquisition cost of a property
item is not available at the time of inventory, an estimated value shall be agreed upon by both the
Grantee and the Department and shall be used in place of the original acquisition cost.
A-7.2.6. Title (ownership) to and possession of all property purchased by the Grantee pursuant to this
Grant Agreement shall be vested in the Department upon completion or termination of this Grant
Agreement. During the term of this Grant Agreement, the Grantee is responsible for insuring all property
purchased by or transferred to the Grantee is in good working order, The Grantee hereby agrees to pay
the cost of transferring title to and possession of any property for which ownership is evidenced by a
certificate of title. The Grantee shall be responsible for repaying to the Department the replacement cost
of any property inventoried and not transferred to the Department upon completion or termination of this
Grant Agreement. When property transfers from the Grantee to the Department, the Grantee shall be
responsible for paying for the title transfer.
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A-7.2.7. If the Grantee replaces or disposes of property purchased by the Grantee pursuant to this Grant
Agreement, the Grantee is required to provide accurate and complete information pertaining to
replacement or disposition of the properly as required on the Grantee's annual inventory.
A•7,2,8. The Grantee hereby agrees to indemnify the Department against any claim or loss arising out
of the operation of any motor vehicle purchased by or transferred to the Grantee pursuant to this Grant
Agreement.
A-7,2.9. A formal contract amendment is required prior to the purchase of any property item not
specifically listed in the approved budget.
A-8, FEDERAL FUNDS APPLICABILITY
There are no additional provisions to this section of the Standard Contract.
A-9. CLIENT SERVICES APPLICABILITY
There are no additional provisions to this section of the Standard Contract.
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EXHIBIT Al - SAMH PROGRAMMATIC STATE AND FEDERAL LAWS, RULES, AND REGULATIONS
The Grantee and its subgrantees shall comply with all applicable state and federal laws, rules and regulations, as
amended from time to time, that affect the subject areas of the Grant. Authorities include but are not limited to the
following:
A-1. FEDERAL AUTHORITY
A-1.1. Block Grants Regarding Mental Health and Substance Abuse
42 U.S. C. ss. 300x, et seq.
42 U.S.C. ss. 300x-21 et seq.
42 C.F.R. pt. 54
45 C.F.R. pt. 96
A-1.2. Restrictions on expenditure of grant
45 C.F.R. s. 96.135
A-1.3. Confidentiality Of Alcohol And Drug Abuse Patient Records
42 C.F.R., pt. 2
A-1,4, Security and Privacy (related to the Health Insurance Portability and Accountability Act
(HIPAA))
45 C.F.R. pt. 164
A-1.5, Social Security Income for the Aged, Blind and Disabled
20 C.F.R. pt. 416
A-1.6. Indorsement and Payment of Checks Drawn on the United States Treasury
31 C,F.R. pt. 240
A-1.7. Temporary Assistance to Needy Families (TANF)
42 U.S.C, ss. 601, et seq.
45 C.F.R., pt. 260
A-1.8. Projects for Assistance In Transition from Homelessness (PATH)
42 U.S. C. s. 290cc-21 et seq.
42 C.F.R., pt. 54
A•1.9. Americans with Disabilities Act of 1990
42 U.S. C. ss. 12101 et seq.
A-1.10, Trafficking Victlms Protection Act of 2000
22 U.S.C. 7104
2 CFR Part 175
A-2. FLORIDA STATUTES
A-2.1. Child Welfare and Community Based Care
Ch. 39, F.S. Proceedings Relating to Children
Ch. 119, F.S. Public Records
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Integrated Contract 2016 22 Contract No. LHZ54
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Integrated Contract 2016 23 Contract No. LHZ54
Ch. 402, F.S.
Health and Human Services: Miscellaneous Provisions
Ch. 435, F.S.
Employment Screening
Ch. 490, F.&
Psychological Services
Ch. 491, F.S.
Clinical, Counseling and Psychotherapy Services
Ch. 1002, F.S.
Student and Parental Rights and Educational Choices
A•22.
Substance Abuse and Mental Health Services
Ch. 381, F.S.
Public Health: General Provisions
Ch, 386, F.S.
Particular Conditions Affecting Public Health
Ch. 394, F.S.
Mental Health
Ch. 395, F.S.
Hospital Licensing and Regulation
Ch. 397, F.S.
Substance Abuse Services
Ch. 400, F.S.
Nursing Home and Related Health Care Facilities
Ch. 414, F.S.
Family Self -Sufficiency
Ch. 435, F.S.
Employment Screening
Ch. 458, F.S.
Medical Practice
Ch. 459, F.S.
Osteopathic Medicine
Ch. 464, F.S.
Nursing
Ch. 465, F.S.
Pharmacy
Ch. 490, F.S.
Psychological Services
Ch. 491, F.S.
Clinical, Counseling, and Psychotherapy Services
Ch, 499, F.S.
Florida Drug and Cosmetic Act
Ch. 553, F.S.
Building Construction Standards
Ch. 893, F.S.
Drug Abuse Prevention and Control
S. 409.906(8), F.S.
Optional Medicaid Services — Community Mental Health Services
A-2.3,
Developmental Disabilities
Ch, 393, F.S.
Developmental Disabilities
A-2.4.
Adult Protective Services
Ch. 415, F.S.
Adult Protective Services
A-2.5.
Forensics
Ch. 916, F.S.
Mentally Deficient and Mentally III Defendants
Ch, 985, F.S.
Juvenile Justice; Interstate Compact on Juveniles
S. 985.19, F.S.
Incompetency in Juvenile Delinquency Cases
S. 985.24, F.S.
Interstate Compact on Juveniles; Use of detention; prohibitions
A-2.6.
State Administrative Procedures and Services
Ch. 120, F.S.
Administrative Procedures Act
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Ch. 287, F.S.
Procurement of Personal Property and Services
Ch. 815, F.S.
Computer -Related Crimes
Ch. 817, F.S.
Fraudulent Practices
S. 112.061, F.S.
Per diem and travel expenses of public officers, employees, and
authorized persons
S. 112.3185, F.S.
Additional standards for state agency employees
S. 215.422, F.S.
Payments, warrants, and invoices; processing time limits; dispute
resolution; agency or judicial branch compliance
S. 216.181(16)(b), F3.
Advanced funds for program startup or contracted services
A-3. FLORIDA ADMINISTRATIVE CODE !RULES)
A-3.1. Child Welfare and Community Based Care
Ch. 65C-13, F,A.C.
Foster Care Licensing
Ch. 65C-14, F.A.C.
Group Care
Ch. 65C-15, F.A,C.
Child -Placing Agencies
A-32 Substance Abuse and Mental Health Services
Ch. 65D-30, F.A.C.
Substance Abuse Services Office
Ch. 65E-4, F.A.C.
Community Mental Health Regulation
Ch. 65E-5, F.A.C.
Mental Health Act Regulation
Ch. 65E-10, F.A.C.
Psychotic and Emotionally Disturbed Children - Purchase of Residential
Services Rules
Ch. 65E-11, F.A.C.
Behavioral Health Services
Ch. 65E-12, F.A.C.
Public Mental Health Crisis Stabilization Units and Short Term
Residential Treatment Programs
Ch. 65E-14, F.A.C,
Community Substance Abuse and Mental Health Services - Financial
Rules
Ch, 65E-20, F.A.C.
Forensic Client Services Act Regulation
Ch. 65E-26, F.A.C.
Substance Abuse and Mental Health Priority Populations and Services
A-3.3, Financial Penalties
Ch. 65-29, F.A.C.
Penalties on Service Providers
A-4. MISCELLANEOUS
A-4.1. Department of Children
and Famllies Operating Procedures
CFOP 155-101175-40
Services for Children with Mental Health and Any Co -Occurring
Substance Abuse or Developmental Disability Treatment Needs in Out -
of -Home Care Placements
CFOP 155-11
Title XXI Behavioral Health Network
CFOP 155-47
Processing Referrals From The Department Of Corrections
CFOP 215-6
Incident Reporting and Analysis System (IRAS)
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A•4,2. Standards applicable to Cost Principles, Audits, Financial Assistance and Administrative
Requirements
S. 215.97, F,S. Florida Single Audit Act
S. 215.971, F.S. Agreements funded with federal or state assistance
Comptroller's Memorandum No. 03 (1999-2000)
Florida Single Audit Act Implementation
CFO's Memorandum No. 03 (2014 - 2015)
Compliance Requirements for Agreements
2 CFR, Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, available at
https:/Ifederairegister.gov/a]2013-30465
2 CFR, Part 300.1 Adoption of 2 CFR Part 200
45 C.F.R., pt. 75 Uniform Administration Requirements, Cost Principles, and Audit
Requirements for HHS Awards
A•4,3. Data Collection and Reporting Requirements
S. 394.74(3)(e), F.S. Data Submission
S. 394.9082, F.S. Behavioral health managing entities
S. 397.321(3)(c), F.S. Data collection & dissemination system
S. 394.77, F.S. Uniform management information, accounting, and reporting systems
for providers
DCF PAM 155-2 Mental Health and Substance Abuse Measurement and Data
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25
Contract No. LHZ54
EXHIBIT B - SCOPE OF WORK
B-1. SCOPE OF SERVICE
B-1.1. This is a three-year Grant Agreement, pursuant to the authority under s. 394.656, F.S. The Grantee,
under the guidance of Collier County's CJMHSA Planning Council (Planning Council), shall enhance and expand
its existing Forensic Intensive Reintegration Support Team Program (FIRST) to increase the annual number of
Program participants receiving criminal justice diversion services at the Centralized Assessment Center (CAC),
located at the David Lawrence Center.
B-1.2. The Grantee shall conduct all activities supported by this Grant Agreement in accordance with the
Grantee's Application, dated September 16, 2016, in response to the Department's Request for Applications
(RFA06H16GS1). Both the Grantee's Application and the Department's 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-2. MAJOR OBJECTIVES
The primary goal of this Grant Agreement is to Increase public safety, avert increased spending on criminal justice
systems, and improve the accessibility and effectiveness of treatment services for adults with mental illnesses and co-
occurring mental health and substance abuse disorders, who are in, or at risk of entering, the criminal juslice system;
and reduce crime, recidivism, and use of forensic institutions among the target population. The major objectives of this
Grant Agreement that contribute to the goal are to:
B-2.1, Expand CJMHSA services and diversion initiatives described in the Grantee's Application, hereby
incorporated by reference;
B-2.2. Create and encourage collaboration among key stakeholders, identified in the Grantee's Application,
in expanding and providing ongoing oversight of the Grantee's Program; and
H-2.3. Improve quality of life among Program participants.
B-3. SERVICE AREA, LOCATIONS AND TIMES
B-3.1. Service Area
The Grantee shall provide services within Collier County.
B-3.2, Service Delivery Location
B-3.2.1, The Grantee's administrative offices are listed in Section 1.2.2.
B-3.2.2. The primary service delivery locations are:
B-3.2.2.1. The David Lawrence Center (DLC)
6075 Bathey Lane
Naples, FL 34916.
B-3.2.2.2. Collier County Sheriffs Office (CCSO)
3319 Tamiami Trail East, Bldg. J
Naples, FL 34112
B-3.2.2.3. National Alliance on Mental Illness of Collier County (NAMI)
6216 Trail Blvd., Bldg. C
Naples, FL 34108
B-3.3. Service Times
Services shall be available and provided, at a minimum, between the hours of 8;00 am through 5:00 pm, Monday
through Friday, excluding state holidays. Changes in service times and any additional holidays that the Grantee
wants to observe shall be approved in writing by the Department.
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B-3.4. 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.
8.3.5. Program Years
For the purposes of this Grant Agreement, Program Years are defined as:
B-15.1. Program Year 1: 71117 — 06130118;
B-3.5.2, Program Year 2: 71.1118 — 6130119; and
113-3.5.3. Program Year 3: 711119 — 6130120.
B-4. CLIENTS TO BE SERVED
Individuals to be served are adults with serious mental illnesses or co-occurring mental health and substance use
disorder who are in, or at risk of entering, the criminal justice system.
B-5. CLIENT ELIGIBILITY AND DETERMINATION
The Grantee is responsible for assessing and determining the eligibility of each person served under this Grant
Agreement. The Grantee may assign this responsibility to a subgrantee.
B-6. EQUIPMENT
The Grantee may utilize funding provided under this Grant Agreement to purchase equipment necessary to perform
and complete the services described herein in accordance with the Department approved budget.
B•7. GRANT LIMITS
The total funds awarded under this Grant Agreement shall not exceed $1,042,506.00
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EXHIBIT C • TASK LIST
The Grantee 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 the objective in Section 13.2.1, within three months of execution of this Grant Agreement,
the Grantee shall expand and enhance its existing Program and diversion initiatives to increase public safety;
to avert increased spending on criminal justice; and to reduce crime, recidivism, and use of forensic institutions
among the target population, To achieve this outcome, the Grantee shall:
C•1,1A Establish legally binding agreements with the entilies specified in Section C-2.3., to
implement the Program and provide the services specified in Exhibit Cl;
C-1,1.2 Provide, directly or by agreement, an information system to track individuals during their
involvement with the Program and for at least a minimum of one year after discharge, including but not
limited to: arrests, receipt of benefits, employment, and stable housing;
C-1.1.3 Increase the number of staff members providing services to accommodate the increased
number of individuals served;
C-1.1.3.1. Hire and train all staff listed in Section C-2.1, and
C-11.3.2. Maintain a FIRST staff to participant ratioof 1:20 or lower.
C-1.1.4 Enhance the FIRST program to focus on serious mental illnesses and co-occurring
substance use disorders;
C-1.1,5 Demonstrate adherence to evidenced based practices by a score of 80% or higher on
respective fidelity scales; and
C-1.1.6 Provide quarterly CIT training to law enforcement officers and law enforcement personnel.
C•1.2. To support the objective in Section B-2.2., the Grantee shall create and encourage collaboration
among key stakeholders, identified in the Grantee's Application, In expanding and providing ongoing oversight
of the Grantee's Program. To achieve this outcome, the Grantee shall::
C-1.2.1 Participate in quarterly Planning Council meetings, strategic planning process, and FIRST
Oversight Committee Meetings; and
C-1.2.2 Provide an evaluations team to complete the process and outcomes evaluations and present
the findings at minimum annually to the Planning Council.
C-1.3, To support the objective in Section B-2.3., the Grantee shall implement services and therapies to
improve quality of life among Program participants, To achieve this outcome, the Grantee shall;
C-1.3.1 Link eligible Program participants to disability benefits;
C-1.3.2 Improve participants' motivation to change problematic behavior through Motivational
Interviewing Techniques;
C-1.3.3 Demonstrate improvement in each Program participant on the Quality of Life self-report
scale; and
C-1.3.4 Utilize FIRST enhancement funds for Individual recovery supports to address barriers to
treatment and community integration.
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C-2. ADMINISTRATIVE TASKS
C-2.1. Staffing
C-2.1,1 The Grantee shall assign and maintain the following staff, as detailed in the Grantee's
Application and supported by this Grant Agreement:
C-2.1.1.1. 0.11 FTE Grants Coordinator;
C-2.1.1.2, 0.11 FTE Lead Accountant;
C-2,1.1.3. 0.15 FTF Match Operations Coordinator; and
C-2.1.1.4. 0.10 FTE Match Grants Manager
C-2.1,2 The Grantee shall assign and maintain the following staff, as detailed in the Grantee's
Application and supported by this Grant Agreement, through a subcontractor subgrant agreementwith
DLC:
C-2.1.2.1. 2.0 FTE Case Manager/Outreach Specialist;
C-2,1.2.2, 0.125 FTE Therapist;
C-2.1.23. 0.025 FTE Therapist Supervisor;
C-2,1.2.4, 0.375 FTE FIRST Program Supervisor;
C-2.1.2.5. 0,1 FTE FIRST Clinical Director;
C-2.1,2.6. 1.0 FTE Intake Clinician;
C-2.1.2.7. 0.05 FTE Intake Clinical Director;
C-2.1.2.8. 0.5 FTE Grant Compliance Specialist;
C-2.1.2.9. 0.1 FTE Program Support Staff;
C-2.1.2.10. 0.05 FTE Accounting Director; and
C-2,1.2.11. 0.25 FTE Accounting Clerk,
C-2.1.3 The Grantee shall assign and maintain the following staff, as detailed in the Grantee's
Application and supported by this GrantAgreement, through a subcontract or subgrant agreement with
CCSO:
C-2.1.3.1. 2.0 FTE Discharge Planner;
C-2.1.3,2, 0.20 FTE D/C Plan SupervisorlProgram Evaluation Team;
C-2.1.3.3. O.14 FTE Health Services Administrator;
C-2.1.3.4. 0.07 FTE Grants Coordinator;
C-2.1.3.5, 0.06 FTE Grants Fiscal Clerk;
C-2.1.3.6. 0.35 FTE Reintegration Manager;
C-2.1.3,7. 0.50 FTE Reintegration Program Supervisor;
C-2.1.3.8. 0.15 FTE Reintegration Specialist #1;
C-21.3.9. 0.15 FTE Reintegration Specialist #2;
C-2.1.3.10. 0.15 FTE Reintegration Specialist #3;
C-21.3,11. 0.20 FTE Reintegration Specialist #4; and
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C-2,1.312. 1.0 FTE Reintegration Specialist #5,
C-2.1.4 The Grantee shall assign and maintain the following staff, as detailed in the Grantee's
Application and supported by this Grant Agreement, through a subcontract or subgrant agreement with
NAMI:
C-2.1.4.1. 0.75 FTE Certified Recovery Peer Specialist;
C-2,1.4.2. 0,15 FTE Executive Director; and
C-2.1.4.3. 0.2 FTE Director of Quality Improvement and Compliance.
C-2.2. Professional Qualifications
The Grantee shall ensure Program staff assigned by its subcontractor or sub -grantee maintalns 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-2.3. Subcontracting
Subject to the provisions of Section 4.3., the Grantee shall subcontract or issue a sub -grant agreement for the
provision of services to:
C-2.3.1 The David Lawrence Center (DLC);
C-23.2 Collier County Sheriffs Office (CCSO); and
C-2.3.3 National Alliance on Mental Illness of Collier County (NAMI)
C-2.4. Technical Assistance Requirements
Pursuant to s. 394.659, F,S., the Criminal Justice, Mental Health, and Substance Abuse Technical Assistance
Center (TAC) at the Louis de la Parte Florida Mental Health Institute at the University of South Florida provides
technical assistance, information dissemination, and systemic impact monitoring of all CJMHSA Grant Program
awards. To collaborate with the TAC the Grantee shall:
C-2,4.1 Provide primary contact information for the Grantee and each of its subgrantee award
partners to the TAC within ten business days after execution of this Grant Agreement;
C-2.4,2 Participate in an annual county level technical assistance needs assessments conducted by
the TAC at the beginning of each fiscal year;
C-2,4.3 Participate in two on-site technical assistance visits conducted by the TAC within a three-
year period;
C-2,4.4 Participate in program -wide conference calls scheduled by the TAC for all Grantees under
the CJMHSA Program; and
C-2.4.5 Provide data and other information requested by the TAC to enable the TAC to perform
statutory duties established in the authorizing legislation.
C-2.5, Records and Documentation
C-2,5,1, Unless otherwise specified in Section C-2.5., all correspondence, reports, records and
documentation may be maintained and provided to the Department electronically.
C-2,52 The Grantee shall maintain, and shall ensure all subcontractors and subgrantees maintain
records and documentation including, but not limited to, the following:
C-2.5.2.1. Draft reports, final reports, meeting notes, telephone logs;
C-2,5.2.2, Executed subcontract or sub -grant agreements and any amendments, Invoices
and supporting documentation, expenditure reports, and deliverables;
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C-2.5.23. Documentation of time worked for each staff paid in whole or in part with these
Grant Agreement funds;
C-2.5.2.4. Travel logs and requests for reimbursement for staff travel; and
C-2.5.2.5. Employment screening results for each staff who meets the requirements to be
screened for employment.
C-2.5.3. Source Documentation
The Grantee shall submit the following source documentation of the task under Section C-1. and the
performance measures under Section E-1, with the Quarterly Program Status Report required under
Section C-2.6.1.
C-2.5.3.1. For the task specified in Section C-1.1.1., a copy of the executed agreements
with the participating entities.
C-2.5.3.2. For the task specified in Section C-1.1.2., a copy of the information system
tracking agreement and a spreadsheet that includes a summary of CJMHSA Program
participants from the information system. The spreadsheet shall include at a minimum, the
client's 1D number, dates of program enrollment and discharge; information regarding
arrests, receipt of benefits, employment, and stable housing.
C-2.5.3.3. For the task specified in Section C-1.1.3., a copy of the following:
C-2.5.3.3.1. Staff roster showing filled positions and the date of hire;
C-2.5.3.3.2. Staff training attendance logs showing at a minimum: staff name,
position title, name of training and date of training; and
C-2.5.3.3.3. Monthly staffing and client logs documenting staff to client ratio,
C-2.5.3.4. For the tasks specified in Section C-1.1.4., a copy of the FIRST Team intake
log.
C-2.5.3.5. For the tasks specified in Section C-1.1.5, pre and post Fidelity Self -
Assessment Tool,
C-2.5.3.6. For the tasks specified in Section C.1,1.6., a copy of the CIT Training signdn
sheets. The sign -In sheets shall include, at a minimum, the following: Name of
the training, date of the training, training location, printed name of the attendee,
attendee's signature, and name of attendee's agencylorganization.
C-2.5.3.7. For the task specified in Section C-12, a copy of the following:
C-2.5.3.7.1, Quarterly Planning Council rneeling agendas and minutes;
C-2.5.3.7.2. Quarterly FIRST Oversight Committee meeting agendas and
minutes; and
C-2.5.3.7.3. The Annual Process and Outcomes Evaluation.
C-2.5.3.8. For the tasks specified in Section C-1.3,, a copy of the following:
C-2.5.3.8.1. Benefit staffs' SOAR training certificates, and the Benefit. letter
received by the participant from Social Security or Veteran Affairs as applicable;
C-2.5.3.8.2. NAMI's Quality of Life Self -Assessment Tool;
C-2.5.3.8.3. Quality of Life Assessments for those participants who agree to
participate in the assessment; and
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C-2.5.3.8.4. FIRST participant Incidental request form indicating the
incidental purchases and its relationship to the treatment plan goal.
C-2.5.3.9, For the Performance Measures specified in Sections E-1.1, through E-1.9., a
copy of the Quarteriy Data Report/Excel Spreadsheet documenting the qualitative
Performance Measures,
C-2,6, Reports
C-2,6.1. The Grantee shall document all tasks and acUviGes under this. Grant Agreement in the
following reports, using templates to be provided by the Department, submitted in accordance with the
reporting schedule in Table 1,
C-2.6.1.1 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 Grantee's Applicalion.
C-2.6.1,2 Quarterly Flnanclal Report
A detailed cumulative report of Program expenses, submitted every quarter of service
provision. The Financial Report is used to track all expenses associated with the grant and
reconcile these expenditures with the payments made by the Department. The Financial
Report tracks grant award -funded and county match -funded expenses.
The Quarterly Financial Report must be signed and certified by an authorized representative
attesting the Financial Report represents a complete and accurate account of all expenses
supported by the Program award and statutory match obligations.
C-2.6.1,3 Final Program Status Report
A detailed report of the services and activities performed for the entire award period and the
status of the Program in meeting the performance measures, goals, objectives, and tasks
described in the Application. The Board of County Commissioners shall approve the final
report before submission to the Department.
C-2,6.1.4 Final Financial Report
A detailed report of Program expenses for the entire award period documenting expenditure
of grant funds and compliance with the statutory match requirement. The Final Financial
Report must be signed and certified by an authorized representative attesting the Financial
Report represents a complete and accurate account of all expenses supported by the
Program award and statutory match obligations, The Board of County Commissioners shall
approve the final report before submission to the Department,
C-2.6.2. 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-2.6.3, Reporting Schedule
The Grantee shall submit reports, in accordance with the reporting schedule in Table 1, to the Contract
Manager specified in Section 124,
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C-3, STANDARD CONTRACT REQUIREMENTS
The Granlee will perform all acts required by Sections 4., 5., 7., 8. and 9. of the Standard Contract.
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Table I - Reporting Schedule
Report Title
Report Due Date(s)
# of Copies
Quarterly gram Status p
Quarter) Pro Report
15th day of the month following the quarter of
program services or activities
11 electronic copy
Quarterly Financial Report
15th day of the month following the quarter of
program services or activities
1 electronic copy
Fina[ Program Status Report
No later than 60 days following the ending date of
the Grant Agreement.
1 electronic copy
_
Final Financial Report
No later than 60 days following the ending date of
the Grant Agreement.
1 electronic co
copy
C-3, STANDARD CONTRACT REQUIREMENTS
The Granlee will perform all acts required by Sections 4., 5., 7., 8. and 9. of the Standard Contract.
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EXHIBIT C1— ARRAY OF SERVICES
01.1. SERVICE TASKS
Individualized services may include, but are not limited to, any combination of the following:
C1.1.1. Screening, assessment and referral;
C1.1,2. Forensic Intensive Case Management;
C1.13. Supportive housing;
C1.1.4. Supportive employment;
01.1.5. Disability benerits outreach, assessment and recovery;
C1-1.6. Peersupport;
C1.1.7. Individual and group therapy;
C1.1.8. Moral Reconation Therapy (MRT);
C1.1.9. Motivational interviewing (MI);
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EXHIBIT D — DELIVERABLES
D-1. SERVICE UNITS
A service unit is one quarter, three calendar months, of bundled Program services specified in Exhibits C and C1,
provided to the minimum number of individuals specified In Section D-4.1., in the manner described in the Grantee's
Application.
D-2, SERVICE TARGETS
D-2.1. The Grantee shall provide FIRST Program services to a target of 100 individuals each program year,
for a total of 300 individuals during the life of this Grant Agreement. The Grantee must provide services to the
Annual Minimum Number specified in Table 2.
D-22 The Grantee shall provide CIT training to a target of 80 CCSO deputies, patrol officers, corrections
officers, and 911 dispatch officers each program year, for a total of 240 individuals during the life of this Grant
Agreement. The Grantee must provide services to the Annual Minimum Number specified in Table 2.
Individuals
Served
0-2.1.
FIRST Program
Services Target
Number
D•2.1.
FIRST Program
Services
Minimum Annual
Number
D-2.2.
CIT Training
Tar et Number
.D-2.1,
CIT Training
Minimum Annual
Number
Table 2 - Service Targets
Target # of Particlpants
Program Year 1 Program YeaProgram Year 3
07101/17 — 06130/18 07101/18-06136/119 I 07/01119 — 06130120
100 100 100
$0 80 80
80
80
80
64 64 64
Program Lifetime
07/01/17 — 06/30120
300
240
240
192
D-3, DELIVERABLES
The Grantee shall demonstrate satisfactory progress towards each service target in Section D-2, through submission
of quarterly data reporting in each Quarterly Program Status Report specified in Section C-2.6.1.1.
D-4. PERFORMANCE MEASURES FOR ACCEPTANCE OF DELIVERABLES
D-4,1. During each program year, satisfactory progress toward the service targets specified in Sections D-2,1.
and D-2.2, shall be demonstrated by services to at least;
D-4.1.1.1 20% of the Program year target by the end of the first quarter;
D-4,1.1.2 40% of the Program year target by the end of the second quarter;
D41,1.3 60% of the Program year target by the end of the thlyd quarter; and
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D•4.1.1.4 80% of the Program year target by the end of the fourth quarter.
D•4.2. In the event the Grantee fails to achieve the measures in Sections D•4,1,, the Department shall apply the
provisions of Section F•3.
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EXHIBIT E -- MINIMUM PERFORMANCE MEASURES
E-1. MINIMUM PERFORMANCE MEASURES
The following minimum qualitative performance measures are established pursuant to Section 2,4,2. and shall be
maintained during the term of this Grant Agreement.
E-1,1, 50% reduction in the total number of arrests or re -arrests among Program participants while enrolled in
the Program compared to the one year period prior to Program admission.
E-1.2. 50% reduction in the total number of arrests or re -arrests among Program participants within the one
year period following Program discharge compared to the one year period prior to Program admission.
E-1.3, 60% of Program participants not residing in a stable housing environment at program admission will
report living in a stable housing environment within 90 days of Program admission.
E-1.4, 60% of Program participants not residing in a stable housing environment at Program admission will
report living in a stable housing environment one year following Program discharge,
E-1.5. 60% of Program participants not employed at Program admission who are employed full or part-time
within 180 days of Program admission.
E-1,6. 60% of Program participants not employed at Program admission who are employed full or part-time one
year following Program discharge.
E-1.7. 80% of Program participants will be assisted in applying or be linked to Social Security or other benefits
for which they may have been eligible but were not receiving at Program Admission.
E-1.8. 50% of Program participants will be diverted from a State Mental Health Treatment Facility.
E-1.9.90% of Program participants who complete assessment will exhibit improvement in a Quality of Life Self -
Assessment.
E-2, PERFORMANCE EVALUATION METHODOLOGY
The Department will monitor the Grantee's performance in achieving the standards in Section E-1 according to the
following methodology.
E•2.1, For the measure in Section E-1.1., the total number of arrests among participants while enrolled in the
Program 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 Sectlon E-1.2., 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-23. For the measure in Section E-1.3., the total number of Program participants not residing in a stable
housing environment at program admission who live in a stable housing environment within 90 days of Program
admission DIVIDED BY the total number of Program participants not residing in a stable housing environment
at Program admission shall be GREATER THAN OR EQUAL TO 60%.
E-2.4, For the measure in Section E-1,4., the total number of Program participants not residing in a stable
housing environment at program admission who live in stable housing one year following Program discharge
DIVIDED BY the total number of Program participants not residing in stable housing at Program admission shall
be GREATER THAN OR EQUAL TO 60%.
E-2,5. For the measure in Section E-1.5., the total number of program participants not employed at Program
admission who are employed full or part-time within 180 days of Program admission DIVIDED BY the total
number of Program participants not employed at Program admission shall be GREATER THAN OR EQUAL TO
60%.
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E-2,6, For the measure in Section E-1.5., the total number of Program participants not employed at Program
admission who are employed full or part-time one year following Program discharge DIVIDED BY the total
number of Program participants not employed at Program admission shall be GREATER THAN OR EQUAL
TO 60%.
E-2,7. For the measure in Section E-1.7., the total number of program participants who were eligible for, but
not receiving, social security or other benefits at program admission whoare assisted with applying for such
benefits within 180 days of 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%.
E-2.8. For the measure in Section E-1.8., the total number of individuals screened and enrolled in the
Program diverted from a State Mental Health Treatment Facility admisslon DIVIDED BY the total number of
individuals screened for Program eligibility meeting the criteria for a State Mental Health Treatment Facility
admission shall be GREATER THAN OR EQUAL TO 50%,
E-2,9. For the measure in Section E-1.9., the total number of individuals enrolled in the Program, who agree
to participate in the Peer Specialist facilitated Quality Life Assessment DIVIDED BY the total number of
individuals who agree to participate in the Peer Specialist facilitated Quality Life Assessment whose admission
and quarterly Assessments show improved scores shall be GREATER THAN OR EQUAL TO 90%
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EXHIBIT F - METHOD OF PAYMENT
F-1. PAYMENT METHODOLOGY
F•1.1. This is a fixed price, fixed fee Grant Agreement, The Department will pay the Grantee a fixed fee of
$86,875.50 per service unit for services provided in accordance with the terms and conditions of this Grant
Agreement, subject to the availability of funds.
F-1.2. Table 3 specifies the schedule of payments for the lifetime of this Grant Agreement.
Table 3.,Sch6dWd of Payments.
Month of Services
Invoiced'
:Due Date
FixePayment
Amount.'
7101117 — 9130117
10115/17
$86,875.54
10/01117— 12/31/17
1115118
$86,875.50
1/01118-3131/17
` 4115118
$86,875:50
4101118 — 6130118
7115118
$86,875.50
7101118 — 9130118
—
10/15118 I
$86,875.50 j
10/01118 - 12131118 1115119
$86,875.50
1101119 — 3131119
4115119 J
_ $86,875.50
4101/19 —6130119
I 7115119
$86,875.50 J
7101119-9/ 30119
10/15/20
$86,875.50
10101119 —12131119
1115120
_ $86,875.50
1101120 — 3131120
4115124
$86,875.50
4101120 — 6130/208 7115120
$86,875.50
Total Program Amount: I
$1,042,506.00
F-2. INVOICE REQUIREMENTS
F•2.1. The Grantee shall request payment on a quarterly basis through submission of a properly completed
and signed invoice using the template In Exhibit F1. Invoices and all supporting documentation are due no later
than the 15th day of the month following each quarter of service provision,
F-2.2, The Department shall approve quarterly invoices following receipt of documentation of compliance with
the provisions of Sections D-4 and E-1,
F-3, FINANCIAL CONSEQUENCES
F-3.1. If the Grantee does not meet a performance measure specified in Sections D•4., or E-1., the
Department will reduce the payment due for that quarter by 1 % percent of the invoice amount for each measure
missed, up to a maximum reduction of 5% percent in any quarter,
F-3.2. In the event of an invoice reduction under Section F-3.1., if the Grantee subsequently achieves the
measure during the same progrem 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.
CF Standard
Integrated Contract 2016 39 Contract No, LHZ54
F-3.3. If the Grantee does not meet the same measure for three or more consecutive quarters, the
Department shall apply the provisions of Section 6.1. Corrective active plans required under Section 6.1. may
result in a reduction to future funding under this Grant Agreement, at the Department's sole discretion.
F-4. FINANCIAL_ RECONCILIATION
The Grantee shall conduct a financial reconciliation of all match and CJMHSA Grant funds expended during the three-
year grant period and include that information In the Final Expenditure Report.
F-4.1, Grant Funds
If the total amount of grant funds paid by the Department exceeds the total amount expended by the Grantee
during the three year grant period, then the Grantee shall return the unspent grant funds to the Department no
later than 90 days following the ending date of the grant agreement,
F-4.2. Match Funds
Local matching funds of 100% are required under this Program. A cash match of five percent is required in the
first program year, ten percent in the second program year and 15 percent in the third program year is required;
and the remaining balance of the match may be in-kind. Should the match not equal 100 percent of
expenditures, then the Grantee shall pay the Department the difference no later than 90 days following the
ending date of the grant agreement.
<<< The remainder of this page is intentionally lett blank. >>>
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Integrated Contract 2016 40 Contract No. LHZ54
(C ,
EXHIBIT F1 -INVOICE TEMPLATE
J QUARTERILY ]VOICE J
,Grantee Name`. ..'Cfa�t Agreement
Address- ~-- Invo�Ge
Seryiee.Per4oJ Fro To I R erM iD
Service Un�k� ��scrlptfon — � # oIf Units J RMe _J Amount segue fed
r
One quarter, or three calendar months, of
bundled Program services specified in Exhibits 1 $66,875.50
`C and C1 _
Submit a fully completed Quarterly Program Status Report and Quarterly Financial Report as�
supporting documentation for the above services,
Total Grant Agreement Amount
Total Amount of Previous Payments _
Amount Requested This Involce
Grant Agreement Balance After Thls Payment
CEFtTJFICATlOid & ApROVAI
I certify the above to be accurate and In agreement with this agency's records and with the terms of this agency's
Grant Agreement with the Department, Additionally, I certify that the reports accompanying this Invoice are a true and
correct reflection of this Leeriod`s activities, as stipulated by the Grant Agreement.
. Auti30 0 Alame Prin-tY R
-�.Author{zed Signettire ate Sibmftted
[- ,bCF'COWMACT MANAG1 lZ !]SE nNIY, -
—
„[3ete`Good;�Sery, ica� RsgeJy�ed'
�
:I?a#e, inspecte�a�`a A�pioved,.
Financial Consequeneas Np�]lsd? _
4400tbn
—�-- -
�. Reduction Amout> r
Yes No - 1
'4pproved Pavrrer}t Anrousitk - ��
ApprovedJ3
I ' Payment Fundjng Cod 5
_ v _ _ -1
CF Standard
Integrated Contract 2016 41 Contract No, LHZ54
ATTACHMENT
The administration of resources awarded by the Department of Children & Families to the provider may be subject to
audits as described in thls attachment.
A. MONITORING
In addition to reviews of audits conducted in accordance with 2 Code of Federal Regulations (CFR) §§ 200.500-
200.521 and § 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, agreed-upon procedures
engagements as described in 2 CFR § 200.425 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.
B. 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 2 CFR
§§ 200.500-200.521.
In the event the recipient expends $750,000 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 2 CFR §§ 200.500-200.521. 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 $750,000 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 2 CFR §§ 200.500-200.521. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200 §§ 200.500-
200.521 will meet the requirements of this pari. In connection with the above audit requirements, the recipient shall
fulfill the requirements relative to auditee responsibilities as provided in 2 GFR § 200.508.
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 ll; 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 $750,000 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 F€nancial 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 $750,000 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
CF Standard
Integrated Contract 2016 42 Contract No. LHZ54
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 leftem, or other information required to be submitted to the Department pursuant to this
agreement shall be submifted within 180 days after the end of the provider's fiscal year or within 30 (federal) or 45
(State) days of the recipient's receipt of the audit report, whichever occurs first, directl to each of the following
unless otherwise required by Florida Statutes:
C, Contract manager for this contract (1 copy)
D. Department of Children & Families (1 electronic copy and management letter, if issued )
Office of the Inspector General
Single Audit Unit
Building 5, Room 237
1317 Winewood Boulevard
Tallahassee, FL 32399-0700
Email address: HQW.IG.Sin.gle.Audit@rnvflfamilies.com
E. Reporting packages for audits conducted in accordance with 2 CFR Part 200 §§ 200.500-200.521; and
required by Part l of this agreement shall be submifted, when required by § 200.5112 (d) by or on behalf of the
recipient directly to the Federal Audit Clearinghouse using the Federal Audit Clearinghouse's Internet Data Entry
System at:
htlo:llharvester.census.govlfacicollectlddeInd ex.html
and other Federal agencies and pass-through entities in accordance with 2 CFR § 200.512.
F. 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 IocaIgovt(a,aud.state.fl.us
Providers, when submitting audit report packages to the Department for audits done in accordance with 2 CFR §§
200.500-200.521, 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 submifted to the
Department in accordance with Chapter 10.558(3) or Chapter 10.657(2), Rules of the Auditor General.
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Integrated Contract 2016 43 Contract No. LHZ54
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 wor[dng 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.
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Integrated Contract 2016 44 Contract No. LHZ54
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, and 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 960.103, 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 Parts 160 and 164.
1.2.4. "Subcontractor" shall generally have the same meaning as the term "subcontractor" at 45 CFR §
160.103 and is dented 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 bylaw;
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 confrdehtiality, 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;
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Integrated Contract 2016 45 Contract No. LHZ54
2.1.5 Notify the Department's Security Officer, Privacy Officer aad 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 (he 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;
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 secllon 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 appropriate lysafeguard 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 fake 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 enlity'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 enti(y'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;
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Integrated Contract 2016 46 Contract No. LHZ54
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/orePHI 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 lawor(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 and/or ePHI of other covered entities that Business Associate has in its
possession through its capacity as a 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, proVded 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, fundralsing 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
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integrated Contract 2016 47 Contract No. LHZ54
5.2
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.
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 speciried by the Department or, if
permission is granted by the Department, destroy the remaining protected health
information that the Business Associate stili 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 al 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 speciried 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.
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,
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Integrated Contract 2016
48
Contract No. LHZ54