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Agenda 03/22/2011 Item #16D3 3/22/2011 Item 16.D.3. 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months 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 agreement. 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: NAMI of Collier County, Inc. 6216 Trail Boulevard Building C Naples, Florida 34108 Attn: Kathryn Leib-Hunter, Executive Director Phone: 239-434-6726 Fax: 239-455-6561 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Housing, Human and Veteran Services 3339 Tamiami Trail, East, Suite 211 Naples, Florida 34112 Attention: Frank Ramsey, Housing Manager Telephone: 239-252-4663 Facsimile: 239-252-6542 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment Page 2 of7 Packet Page -1004- 3/22/2011 Item 16.D.3. for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor 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 Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor 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 Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit 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 $500,000 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. Page 3 of? Packet Page -1005- 3/22/2011 Item 16.D.3. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. 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 Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing, Human and Veteran Services Department. 14. CONFLICT OF INTEREST: Contractor represents 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. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Insurance Certificate, Scope of Services and Addendum/ Addenda. Page 4 of7 Packet Page -1006- 3/22/2011 Item 16.D.3. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/ or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Conh'ol Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. 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. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve tbe dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Conh'actor with full decision-making autbority Page5of7 Packet Page -1007- 3/22/2011 Item 16.D.3. to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party . relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 23. KEY PERSONNEIJPROJECT STAFFING: The proposer's 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 insure that competent persons will be utilized in the performance of the contract. Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/ or experience. (2) that the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) d3Ys of the change, The County retains final approval of proposed replacement personnel. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Dated: (SEAL) Fred W. Coyle, Chairman Approved as to form and legal sufficiency: Jennifer B. ~!-> \0~ Assistant County Attorney Page 6 of7 Packet Page -1008- First Witness tType/print witness namet Second Witness tType/print wih1ess namet Page7of7 3/22/2011 Item 16.D.3. NAMI OF COLLIER COUNTY, INe. By: Kathryn Leib-Hunter Executive Director Packet Page -1009- 3/22/2011 Item 16.D.3. EXHIBIT" A" SCOPE OF SERVICES A. PROTECT SCOPE: On February 8, 2011, agenda item 16D2, the Board of Commissioners approved the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant (Memorandum of Understanding #LHZ25) with the State of Florida Department of Children and Families. Details of this scope of work are consistent with and support certain details of that agreement. The National Alliance for Mentall11ness of Collier County, Ine. (NAMI), through the Forensic Intensive Reintegration Support Team (FIRST), will plan, implement, or expand initiatives that increase public safety, avert increased spending on criminal and juvenile justice, and improve accessibility and effectiveness of treatment services. The program will serve persons who have a mental illness, substance abuse disorder, or co-occurring mental health and substance disorders and who are in, or at risk of entering, the criminal or juvenile justice system. Administration budget funds have been provided by the grantor agency to pay Housing, Human and Veteran Services' staff expenses. Contractual budget funds will pay NAMI for items such as, but not limited to, two (2) part time Peer Specialists, personnel and fringe benefits, supervision, and local travel. The project activities will meet the State of Florida Department of Children and Families' guidelines and objectives. B. BUDGET Collier County Housing, Human and Veteran Services is providing a total amount of Ninetv Six Thousand Two Hundred Four and 00/100 Dollars ($96,204.00). The Consultant shall provide a match of Thirtv Five Thousand One Hundred Eighty Four and 00/100 Dollars ($35.184.00). The match will be in the form of participant fees, in-kind services, and cash. The table below, as approved by the grantor agency, provides line items budgeted by State Funds, Local Match and Total Line Budget. Packet Page -1010- YEAR ONE OF THREE BUDGET DETAIL 3/22/2011 Item 16.D.3. Line Item Description State Funds Local Match Total Line Budget Contractual $32,068.00 $11,728.00 $43,796.00 TOTAL YEAR ONE $32,068.00 $11,728.00 $43,796.00 YEAR TWO OF THREE BUDGET DETAIL Line Item Description State Funds Local Match Total Line Budget Contractual $32,068.00 $11,728.00 $43,796.00 TOTAL YEAR ONE $32,068.00 $11,728.00 $43,796.00 YEAR THREE OF THREE BUDGET DETAIL Line Item Description State Funds Local Match Total Line Budget Contractual $32,068.00 $11,728.00 $43,796.00 TOTAL YEAR ONE $32,068.00 $11,728.00 $43,796.00 TOTAL BUDGET DETAIL Line Item Description State Funds Local Match Total Line Budget Contractual $96,204.00 $35,184.00 $131,388.00 I TOTAL ~--~- $96,204.00 $35,184.00 $131,388.00 Packet Page -1011- 3/22/2011 Item 16.D.3. C. PROTECT WORK PLAN The following Project Work Plan is in effect for program monitoring requirements only and, as such, is not intended to be used as a payment schedule. Date Date YEAR ONE THROUGH THREE Work Plan Start End 03/2011 03/2014 Collier County provide administrative services 03/2011 03/2014 Provide Peer Specialist services 03/2011 03/2014 Provide Peer Specialist supervision 03/2011 03/2014 Training to Peer Specialist in SSI Outreach Access Recovery (SOAR) The above Project Work Plan details items to be completed and submitted by "Date End". Modifications to the above Work Plan require the prior written approval of the County. A Work Plan modification will be required if the listed activity exceeds the assigned end date by 90 days or greater. Any modification(s) will be made an integral component of this Agreement. D. PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Peer S Pa ment Schedule Si ned timesheet and evidence of Si ned timesheet and evidence of Actual travel costs Packet Page -1012- 3/22/2011 Item 16.D.3. EXHIBIT "B" SPECIAL CONDITIONS A. TRAVEL Travel shall me conducted in accordance with the Department's travel guidelines as governed by Subsection 287.058(1)(b), F.5., and in accordance with section 112.061, F.5. See the Department's travel policy, CFOP 40-1 (Official Travel of DCF Employees and Non-Employees). B. INFORMATION TECHNOLOGY RESOURCES Written approval from the Department must be obtained prior to purchasing any Information Technology Resource (ITR) with grant funds. The Contractor agrees to secure prior written approval by means of an Information Resources Request (IRR) form before purchase of any ITR. The Contractor agrees to comply with the Department's ITR policy, CFOP 50-9, Policy on Information Resource Requests. C. RECORD RETENTION Contractor agrees to 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 (6) vears after the starting date of the Agreement. If audit findings have not been resolved at the end of the six (6) year period, the records shall be retained until resolution of the audit findings. State auditors and any persons authorized by the Department shall have full access to, and shall have the right to examine any materials at any time during regular business hours. D. REPORTING Contractor agrees to provide data and other information requested by the CJMHSA Grant Technical Assistance Center (T AC) at the Louis de la Parte Florida Mental Health Institute of the Universitv of South Florida to enable TAC to perform statutory duties established in the authorizing legislation. Contractor agrees to submit semi-annual program reports on or before May 1 and November 1, annually to the Florida Department of Children and Families. Contractor agrees to submit an annual fiscal report, signed by the County Administrator, on or before November 1 to the Florida Department of Children and Families. The Department will provide the Contractor with templates and forms needed to file all required reports. Packet Page -1013- 3/22/2011 Item 16.D.3. E. MANDATORY ASSURANCES 1. Infrastructure: The Contractor shall possess equipment and Internet access necessary to participate fully in this program. 2. Site Visits: The Contractor will cooperate fully with the Department in coordinating site visits, if desired by the Department. 3. Non-discrimination: The Contractor agrees that no person will, on the basis of race, color, national origin, creed or religion be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination pursuant to the Act governing these funds or any project, program, activity or sub-grant supported by the requirements of, (a) Title VI of the Civil Rights Act of 1964 which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended which prohibits discrimination in employment or any program or activity that receives or benefits from federal financial assistance on the basis of handicaps; (d) Age Discrimination Act 1975, as amended which prohibits discrimination on the basis of age, (e) Equal Employment Opportunity Program (EEOP) must meet the requirements of 29 CFR 42.301. 4. Lobbving: The Contractor is prohibited by Title 31, USC, Section 1352, entitled - Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions, from using Federal funds for lobbying the Executive or Legislative Branches of the federal government in connection with a specific grant or cooperative agreement. Section 1352 also requires that each person who requests or receives a Federal grant or cooperative agreement must disclose lobbying undertaken with non-Federal funds if grants and/or cooperative agreements exceeding $100,000 in total costs. 5. Drug-Free Workplace Requirements: The Contractor agrees that it will, or will continue to, provide a drug-free workplace in accordance with 45 CFR Part 76. 6. Smoke-Free Workplace Requirements: Public Law 103-227, part C- Environmental Tobacco Smoke, also known as the Pro-Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, education, or library projects to children under the age of 18, if the projects are funded by Federal programs either directly or through State or local governments, Packet Page -1014- 3/22/2011 Item 16.D.3. by Federal grant, contract, loan, or loan guarantee. The law does not apply to children's projects provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug or alcohol treatment. Failure to comply with provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 per day and/ or the imposition of an administrative compliance order on the responsible entity. 7. Compliance and Performance: The Contractor understands that grant funds in Years 2 and 3 for Implementation Grants are contingent upon compliance with the requirements of this grant program and demonstration of performance towards meeting the grant goals and objectives, as well as availability of funds. 8. Certification of Non-supplanting: The COntractor certifies that funds awarded under this solicitation will not be used for programs currently being paid for by other funds or programs where the funding has been committed. 9. Submission of Data: The Conh'actor agrees to provide data and other information requested by the Criminal Justice, Mental Health, and Substance Abuse Technical Assistance Center at the Florida Mental Health Institute to enable the Center to perform the statutory duties established in the authorizing legislation. 10. Submission of Reports: The Contractor agrees to submit semi-annual progress reports and an annual fiscal report, signed by the County Administrator, to the Department. Packet Page -1015- 3/22/2011 Item 16.D.3. AGREEMENT FOR CRIMINAL TUSTICE, MENTAL HEALTH AND SUBSTANCE ABUSE REINVESTMENT GRANT THIS AGREEMENT, made and entered into on this 22nd day of March 2011, by and between the Collier County Sheriff's Office, whose business address is 3319 Tamiami Trail E., Naples, Florida 34112, hereinafter called the "Contractor" (or "Consultant") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on March 22, 2011, and terminating on March 21, 2012. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide services in accordance with the Scope of Services, attached as Exhibit" A", and the County's application submitted to, and approved by, the State of Florida Department of Children and Families referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement a total amount of One Hundred Fourteen Thousand Eight Hundred One and 00/100 Dollars ($114,801.00) over three (3) years with Thirty Eight Thousand Two Hundred Sixty Seven and 00/100 Dollars ($38.267.00) of that total amount being awarded beginning with state fiscal year 2010-2011, subject to Change Orders as approved in advance by the County. Payment will be made upon receipt of a proper invoice and upon approval by Housing, Human and Veteran Services, or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Page 1 of? Packet Page -1016- 3/22/2011 Item 16.D.3. 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months 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 agreement. 4. SALES TAX, Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Collier County Sheriff s Office 3319 Tamiami Trail E. Naples, Florida 34112 Ath1: Scott Salley, Chief of Corrections Phone: 239-774-4434 Fax: 774-4434 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Housing, Human and Veteran Services 3339 Tamiami Trail. East, Suite 211 Naples, Florida 34112 Attention: Frank Ramsey, Housing Manager Telephone: 239-252-4663 Facsimile: 239-252-6542 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this A&'1'eement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Page 2 of7 Packet Page -1017- 3/22/2011 Item 16.D.3, All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor 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 Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor 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 Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE, The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit 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 $500,000 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. Page 3 of? Packet Page -1018- 3/22/2011 Item 16.D.3. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. 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 Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION, This Agreement shall be administered on behalf of the County by the Housing, Human and Veteran Services Department. 14. CONFLICT OF INTEREST: Contractor represents 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. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Insurance Certificate, Scope of Services and Addendum/ Addenda. 16. SUBTECT TO APPROPRIATION, It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. Page 4 of7 Packet Page -1019- 3/22/2011 Item 16,D,3. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c. immediate termination of any contract held by the individual and/ or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. 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. 20. AGREEMENT TERMS, If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit Page 5 of7 Packet Page -1020- 3/22/2011 Item 16,D,3, to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party . relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 23. KEY PERSONNEUPROTECT STAFFING: The proposer's 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 insure that competent persons will be utilized in the performance of the contract. Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/ or experience. (2) that the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement persolU1el. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Dated: (SEAL) By: Fred W. Coyle, Chairman Approved as to form and legal sufficiency: Jennifer B. ~i~ "'\J ~ Assistant County Attorney Page 6 of? Packet Page -1021- First Witness tType/ print witness namet Second Witness tType/print witness namet 3/22/2011 Item 16,D,3. COLLIER COUNTY SHERIFFS OFFICE By: Page 7 of7 Packet Page -1022- Scott Salley Chief of Corrections 3/22/2011 Item 16,D.3. EXHIBIT U A" SCOPE OF SERVICES A, PROTECT SCOPE: On February 8, 2011, agenda item 16D2, the Board of Commissioners approved the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant (Memorandum of Understanding #LHZ25) with the State of Florida Department of Children and Families. Details of this scope of work are consistent with and support certain details of that agreement. The Collier County Sheriff s Office, through the Forensic Intensive Reintegration Support Team (FIRST), will plan, implement, or expand initiatives that increase public safety, avert increased spending on criminal and juvenile justice, and improve accessibility and effectiveness of treatment services. The program will serve persons who have a mental illness, substance abuse disorder, or co- occurring mental health and substance disorders and who are in, or at risk of entering, the criminal or juvenile justice system. Administrative budget funds have been provided by the grantor agency to pay Housing, Human and Veteran Services' staff expenses. Contractual budget funds will pay the Collier County Sheriff's Office for items such as, but not limited to, one (1) full time Discharge Planner/Reintegration Specialist, personnel and fringe benefits, rent and utilities, and supplies relating to risk assessment and program manuals. The project activities will meet the State of Florida Department of Children and Families' guidelines and objectives. B. BUDGET Collier County Housing, Human and Veteran Services is providing a total amount of One Hundred Fourteen Thousand Eight Hundred One and 00/100 Dollars ($114,801.00). The Consultant shall provide a match of Three Hundred One Thousand Six Hundred Ninetv Two and 00/100 Dollars ($301,692.00). The match will be in the form of in-kind services and cash. The table below, as approved by the grantor agency, provides line items budgeted by State Funds, Local Match and Total Line Budget Packet Page -1023- 3/22/2011 Item 16,D,3. YEAR ONE OF THREE BUDGET DETAIL Line Item Description State Funds Local Match Total Line Budget Contractual $38,267.00 $100,564.000 $138,831.00 TOTAL YEAR ONE $38,267.00 $100,564,00 $138,831,00 YEAR TWO OF THREE BUDGET DETAIL Line Item Description State Funds Local Match Total Line Budget Contractual $38,267.00 $100,564.000 $138,831.00 TOTAL YEAR ONE $38,267.00 $100,564,00 $138,831,00 YEAR THREE OF THREE BUDGET DETAIL Line Item Description State Funds Local Match Total Line Budget Contractual $38,267.00 $100,564.000 $138,831.00 TOTAL YEAR ONE $38,267,00 $100,564.00 $138,831.00 TOTAL BUDGET DETAIL Line Item Description State Funds Local Match Total Line Budget Contractual $114,801.00 $301,692.00 $416,493.00 TOTAL YEAR ONE $114,801.00 $301,692,00 $413,493.00 Packet Page -1024- C. PROTECT WORK PLAN 3/22/2011 Item 16.D.3, The following Project Work Plan is in effect for program monitoring requirements only and, as such, is not intended to be used as a payment schedule. Date Start 03 /2011 03/2011 03/2011 03/2011 03/2011 03/2011 03/2011 Date End 03/2014 03/2014 03/2014 03/2014 03/2014 03/7014 03/2014 YEAR ONE THROUGH THREE Work Plan The above Project Work Plan details items to be completed and submitted by "Date End". Modifications to the above Work Plan require the prior written approval of the County. A Work Plan modification will be required if the listed activity exceeds the assigned end date by 90 days or greater. Any modification(s) will be made an integral component of this Agreement. D. PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Deliverable Reinte ration s ecialist Supervise reintegration s ecialist Grant coordination Su lies Local travel Rent and utilities Pa ment Schedule Si 'ned timesheet and evidence of avment Signed timesheet and evidence of payment Si ned timesheet and evidence of a ment Invoice/bill and evidence of avment Actual travel costs ~igned attestation of Chief Packet Page -1025- 3/22/2011 Item 16,D,3, EXHIBIT "B" SPECIAL CONDITIONS A. TRAVEL Travel shall me conducted in accordance with the Department's travel guidelines as governed by Subsection 287.058(1)(b), F.5., and in accordance with section 112.061, F.5. See the Department's travel policy, CFOP 40-1 (Official Travel of DCF Employees and Non-Employees). B. INFORMATION TECHNOLOGY RESOURCES Written approval from the Department must be obtained prior to purchasing any Information Technology Resource (ITR) with grant funds. The Contractor agrees to secure prior written approval by means of an Information Resources Request (IRR) form before purchase of any ITR. The Contractor agrees to comply with the Department's ITR policy, CFOP 50-9, Policy on Information Resource Requests. C. RECORD RETENTION Contractor agrees to 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 (6) years after the starting date of the Agreement. If audit findings have not been resolved at the end of the six (6) year period, the records shall be retained until resolution of the audit findings. State auditors and any persons authorized by the Department shall have full access to, and shall have the right to examine any materials at any time during regular business hours. D, REPORTING Contractor agrees to provide data and other information requested by the qMHSA 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. Contractor agrees to submit semi-annual program reports on or before May 1 and November 1, annually to the Florida Department of Children and Families. Contractor agrees to submit an annual fiscal report, signed by the County Administrator, on or before November 1 to the Florida Department of Children and Families. The Department will provide the Contractor with templates and forms needed to file all required reports. Packet Page -1026- 3/22/2011 Item 16,D.3, E. MANDATORY ASSURANCES 1. Infrastructure: The Contractor shall possess equipment and Internet access necessary to participate fully in this program. 2. Site Visits: The Contractor will cooperate fully with the Department in coordinating site visits, if desired by the Department. 3. Non-discrimination: The Contractor agrees that no person will, on the basis of race, color, national origin, creed or religion be excluded from participation in, be refused the benefits of. or be otherwise subjected to discrimination pursuant to the Act governing these funds or any project, program, activity or sub-grant supported by the requirements of, (a) Title VI of the Civil Rights Act of 1964 which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended which prohibits discrimination in employment or any program or activity that receives or benefits from federal financial assistance on the basis of handicaps; (d) Age Discrimination Act 1975, as amended which prohibits discrimination on the basis of age, (e) Equal Employment Opportunity Program (EEOP) must meet the requirements of 29 CFR 42.301. 4. Lobbving: The Contractor is prohibited by Title 31, USC, Section 1352, entitled - Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions, from using Federal funds for lobbying the Executive or Legislative Branches of the federal government in connection with a specific grant or cooperative agreement. Section 1352 also requires that each person who requests or receives a Federal grant or cooperative agreement must disclose lobbying undertaken with non-Federal funds if grants and/or cooperative agreements exceeding $100,000 in total costs. J. Drug-Free Workplace Requirements: The Contractor agrees that it will, or will continue to, provide a drug-free workplace in accordance with 45 CFR Part 76. 6. Smoke-Free Workplace Requirements: Public Law 103-227, part C- Environmental Tobacco Smoke, also known as the Pro-Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, education, or library projects to children under the age of 18, if the projects are funded by Federal programs either directly or through State or local governments, Packet Page -1027- 3/22/2011 Item 16,D.3, by Federal grant, contract, loan, or loan guarantee. The law does not apply to children's projects provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug or alcohol treatment. Failure to comply with provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 per day and/ or the imposition of an administrative compliance order on the responsible entity. 7. Compliance and Performance: The Contractor understands that grant funds in Years 2 and 3 for Implementation Grants are contingent upon compliance with the requirements of this grant program and demonstration of performance towards meeting the grant goals and objectives, as well as availability of funds. 8. Certification of Non-supplanting: The Contractor certifies that funds awarded under this solicitation will not be used for programs currently being paid for by other funds or programs where the funding has been committed. 9. Submission of Data: The Contractor agrees to provide data and other information requested by the Criminal Justice, Mental Health, and Substance Abuse Technical Assistance Center at the Florida Mental Health Institute to enable the Center to perform the statutory duties established in the authorizing legislation. 10. Submission of Reports: The Contractor agrees to submit semi-annual progress reports and an annual fiscal report, signed by the County Administrator, to the Department. Packet Page -1028- 3/22/2011 Item 16,D.3, AGREEMENT FOR CRIMINAL JUSTICE, MENTAL HEALTH AND SUBSTANCE ABUSE REINVESTMENT GRANT THIS AGREEMENT, made and entered into on this 22nd day of March 2011, by and between David Lawrence Mental Health Center, Ine., EIN 59-2206025, (d/b/a David Lawrence Center), authorized to do business in the State of Florida, whose business address is 6075 Bathly Lane, Naples, Florida, 34116, hereinafter called the "Contractor" (or "Consultant") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on March 22, 2011, and terminating on March 21, 2012. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide services in accordance with the Scope of Services, attached as Exhibit" A", and the County's application submitted to, and approved by, the State of Florida Department of Children and Families referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement a total amount of Two Hundred Eightv Three Thousand Four Hundred Eight Five and 00/100 Dollars ($283,485.00) over three (3) years with Ninetv Four Thousand Four Hundred Ninetv Five and OO/lOO Dollars ($94,495.00) of that total amount being awarded beginning with state fiscal year 2010-2011, subject to Change Orders as approved in advance by the County. Payment will be made upon receipt of a proper invoice and upon approval by Housing, Human and Veteran Services, or his Page 1 of? Packet Page -1029- 3/22/2011 Item 16,D.3. designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months 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 agreement. 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: David Lawrence Center 6075 Bathey Lane Naples, Florida 34116 Attn: David C. Schimmel, Chief Executive Officer Phone: 239-455-8500 Fax: 239-455-6561 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Housing, Human and Veteran Services 3339 Tamiami Trail, East, Suite 211 Naples, Florida 34112 Attention: Frank Ramsey, Housing Manager Telephone: 239-252-4663 Facsimile: 239-252-6542 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. Page 2 of7 Packet Page -1030- 3/22/2011 Item 16,D.3. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor 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 Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor 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 Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION, Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 10. NO DISCRIMINATION, The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE, The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit 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 $500,000 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. Page 3 of7 Packet Page -1031- 3/22/2011 Item 16,D,3, 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. 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 Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION, This Agreement shall be administered on behalf of the County by the Housing, Human and Veteran Services Department. 14. CONFLICT OF INTEREST: Contractor represents 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. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Insurance Certificate, Scope of Services and Addendum/ Addenda. Page 4 of7 Packet Page -1032- 3/22/2011 Item 16,D,3. 16. SUBTECT TO APPROPRIATION, It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES, No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/ or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/ or firm for cause. 18. IMMIGRATION LAW COMPLIANCE, By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 USe. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this as'Teement immediately. 19. 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. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority Page 5 01'7 Packet Page -1033- 3/22/2011 Item 16,D,3, to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party . relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 23. KEY PERSONNEIJPROTECT STAFFING: The proposer's 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 insure that competent persons will be utilized in the performance of the contract. Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/ or experience. (2) that the County is notified in writing as far in advance as possible. Firm 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. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Dated: (SEAL) By: Fred W. Coyle, Chairman Approved as to form and legal sufficiency: Jennifer B. ~i~ 1,J ~ Assistant County Attorney Page 60f7 Packet Page -1034- First Witness tType/print witness namet Second Witness tType/print witness namet Page 7 of? 3/22/2011 Item 16,D.3, DAVID LAWRENCE MENTAL HEALTH CENTER (D/B/A DAVID LAWRENCE CENTER) By: David C. Schimmel Chief Executive Officer Packet Page -1035- 3/22/2011 Item 16,D.3, EXHIBIT "A" SCOPE OF SERVICES A. PROTECT SCOPE: On February 8, 2011, agenda item 16D2, the Board of Commissioners approved the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant (Memorandum of Understanding #LHZ25) with the State of Florida Department of Children and Families. Details of this scope of work are consistent with and support certain details of that agreement. The David Lawrence Center, through the Forensic Intensive Reintegration Support Team (FIRST), will plan, implement, or expand initiatives that increase public safety, avert increased spending on criminal and juvenile justice, and improve accessibility and effectiveness of treatment services. The program will serve persons who have a mental illness, substance abuse disorder, or co- occurring mental health and substance disorders and who are in, or at risk of entering, the criminal or juvenile justice system. Administration budget funds pay fund Housing, Human and Veteran Services' staff expenses. Contractual budget funds will pay David Lawrence Center for items such as, but not limited to, one (1) full time Case Manager, one-half (0.5) time Master's level counseling, personnel and fringe benefits, local travel, supplies, and rent and utilities. Enhancement budget funds will pay David Lawrence Center for items such as, but not limited to, participant expenses relating to housing, transportation, pharmaceuticals, tangible items required for employment, education, or other meaningful activity. The project activities will meet the State of Florida Department of Children and Families' guidelines and objectives. B. BUDGET Collier County Housing, Human and Veteran Services is providing a total amount of Two Hundred Eighty Three Thousand Four Hundred Eightv Five and 00/100 Dollars (5)283,485.00). The Consultant shall provide a match of One Hundred Twentv Six Thousand One Hundred Seventy One and 00/100 Dollars ($126.171.00). The match will be in the form of in-kind services and cash. The table below, as approved by the grantor agency, provides line items budgeted by State Funds, Local Match and Total Line Budget. Packet Page -1036- 3/22/2011 Item 16,D,3, YEAR ONE OF THREE BUDGET DETAIL BUDGET DETAIL Line Item Description State Funds Local Match Total Line Bude:et Contractual $61,395.00 $42,057.00 $103,452.00 Enhancement $33,100.00 $0.00 $33,100.00 TOTAL YEAR ONE $94,495.00 $42,057,00 $136,552,00 YEAR TWO OF THREE BUDGET DETAIL Line Item Description State Funds I Local Match Total Line Bude:et Contractual $61,395.00 $42,057.00 $103,452.00 Enhancement $33,100.00 $0.00 $33,100.00 TOTAL YEAR TWO $94,495.00 $42,057.00 $136,552,00 YEAR THREE OF THREE BUDGET DETAIL Line Item Description I State Funds Local Match Total Line Bude:et Contractual I $61,395.00 $42,057.00 $103,452.00 Enhancement $33,100.00 $0.00 $33.100.00 TOTAL YEAR THREE $94,495.00 $42,057.00 $136,552.00 TOTAL BUDGET DETAIL Line Item Description i State Funds Local Match Total Line Budget Conh'actual $184,185.00 $126.17] .00 $283,485.00 - Enhancement $99,300.00 $0.00 $99,300.00 -- TOTAL $283,485.00 $126,171.00 $382,785.00 --," Packet Page -1037- 3/22/2011 Item 16,D,3, C. PROTECT WORK PLAN The following Project Work Plan is in effect for program monitoring requirements only and, as such, is not intended to be used as a payment schedule. Date Date YEAR ONE THROUGH THREE Work Plan Start End 03/2011 03/2014 Collier County provide administrative services 03/2011 03/2014 Provide case management services 03/2011 03/2014 Provide mental health counseling services 03/2011 03/2014 Supervise forensic and clinical activities 03/2011 03/2014 Coordinate and evaluate program 03/2011 03/2014 Coordinate Enhancement expenditures 03/2011 03/2014 Collect data and prepare reports The above Project Work Plan details items to be completed and submitted by "Date End". Modifications to the above Work Plan require the prior written approval of the County. A Work Plan modification will be required if the listed activity exceeds the assigned end date by 90 days or greater. Any modification(s) will be made an integral component of this Agreement. D, PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Deliverable Case mana ement Pro'ect Coordination Pro am Evaluation Su lies Local travel Rent/Utilities Enhancements Pa ment Schedule Si ned timesheet and evidence of Si ned timesheet and evidence of Annual Evaluation Re orts Invoice/bill and evidence of a ment Actual travel costs Si ned attestation of Chief Financial Officer Invoice/bill and evidence of a ment Packet Page -1038- 3/22/2011 Item 16.D.3, EXHIBIT "B" SPECIAL CONDITIONS A, TRAVEL Travel shall me conducted in accordance with the Department's travel guidelines as governed by Subsection 287.058(1)(b), F.5., and in accordance with section 112.061, F.5. See the Department's travel policy, CFOP 40-1 (Official Travel of DCF Employees and Non-Employees). B. INFORMATION TECHNOLOGY RESOURCES Written approval from the Department must be obtained prior to purchasing any Information Technology Resource (ITR) with grant funds. The Contractor agrees to secure prior written approval by means of an Information Resources Request (IRR) form before purchase of any ITR. The Contractor agrees to comply with the Department's ITR policy, CFOP 50-9, Policy on Information Resource Requests. C. RECORD RETENTION Contractor agrees to 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 (6) years after the starting date of the Agreement. If audit findings have not been resolved at the end of the six (6) year period, the records shall be retained until resolution of the audit findings. State auditors and any persons authorized by the Department shall have full access to, and shall have the right to examine any materials at any time during regular business hours. D, REPORTING Contractor agrees to provide data and other information requested by the CJMHSA Grant Technical Assistance Center (T AC) at the Louis de la Parte Florida Mental Health Institute of the Universitv of South Florida to enable TAC to perform statutory duties established in the authorizing legislation. Contractor agrees to submit semi-annual program reports on or before May 1 and November 1, annually to the Florida Department of Children and Families. Contractor agrees to submit an annual fiscal report, signed by the County Administrator, on or before November 1 to the Florida Department of Children and Families. The Department will provide the Conh"actor with templates and forms needed to file all required reports. Packet Page -1039- 3/22/2011 Item 16,D.3. E. MANDATORY ASSURANCES 1. Infrastructure: The Contractor shall possess equipment and Internet access necessary to participate fully in this program. 2. Site Visits: The Contractor will cooperate fully with the Department in coordinating site visits, if desired by the Department. 3. Non-discrimination: The Contractor agrees that no person will, on the basis of race, color, national origin, creed or religion be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination pursuant to the Act governing these funds or any project, program, activity or sub-grant supported by the requirements of, (a) Title VI of the Civil Rights Act of 1964 which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended which prohibits discrimination in employment or any program or activity that receives or benefits from federal financial assistance on the basis of handicaps; (d) Age Discrimination Act 1975, as amended which prohibits discrimination on the basis of age, (e) Equal Employment Opportunity Program (EEOP) must meet the requirements of 29 CFR 42.301. 4. Lobbying: The Contractor is prohibited by Title 31, USC, Section 1352, entitled - Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions, from using Federal funds for lobbying the Executive or Legislative Branches of the federal government in connection with a specific grant or cooperative agreement. Section 1352 also requires that each person who requests or receives a Federal grant or cooperative agreement must disclose lobbying undertaken with non-Federal funds if grants and/ or cooperative agreements exceeding $100,000 in total costs. 5. Drug-Free Workplace Requirements: The Contractor agrees that it will, or will continue to, provide a drug-free workplace in accordance with 45 CFR Part 76. 6. Smoke-Free Workplace Requirements: Public Law 103-227, part C- Environmental Tobacco Smoke, also known as the Pro-Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, education, or library projects to children under the age of 18, if the projects are funded by Federal programs either directly or through State or local governments, Packet Page -1040- 3/22/2011 Item 16,D,3. by Federal grant, contract, loan, or loan guarantee. The law does not apply to children's projects provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug or alcohol treatment. Failure to comply with provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 per day and/or the imposition of an administrative compliance order on the responsible entity. 7. Compliance and Performance: The Contractor understands that grant funds in Years 2 and 3 for Implementation Grants are contingent upon compliance with the requirements of this grant program and demonstration of performance towards meeting the grant goals and objectives, as well as availability of funds. 8. Certification of Non-supplanting: The Contractor certifies that funds awarded under this solicitation will not be used for programs currently being paid for by other funds or programs where the funding has been committed. 9. Submission of Data: The Contractor agrees to provide data and other information requested by the Criminal Justice, Mental Health, and Substance Abuse Technical Assistance Center at the Florida Mental Health Institute to enable the Center to perform the statutory duties established in the authorizing legislation. 10. Submission of Reports: The Contractor agrees to submit semi-annual progress reports and an annual fiscal report, signed by the County Administrator, to the Department. Packet Page -1041- Co~r County ....... ~ - B d t D '1 F t 3/22/2011 Item 16.D.3'1 u ge eta. ac s ~:meet , For Budget/Finance Use BA# Grant Title: Criminal Justice Mental Health 2011 PPM BudgellD: 33147-01 I Sponsor: PUBLIC SAFETY. MENTAL HEALTH LOCAL GRANT FL I' DEPARTMENT OF CHILDREN AND FAMILIES Sponsor Project Budget Summary: Fund # Fund Description HUMAN SERVICES GRANT 707 Date Prepared (Attach Exec Summary): Mar 22, 2011 Date Approved By Bcc/eM: Mar 22, 2011 Agenda Item #: 1,- Fund Center. Funded Program,_',", I:" -Co."mi~_enflt~m Cornmitmelltltem _ DescriptiorF< '. ............ . 33147 512100 REGULAR SALARIES 12.000.00 33147 521100 SOCIAL SECURITY MATCHING 918.00 33147 522100 RETIREMENT REGULAR 1,416.00 33147 523150 HEALTH INSURANCE 0.00 33147 523160 LIFE INSURANCE SHORT AND 32.40 LONG TERM 33147 524100 WORKERS COMPENSATION 0.00 REGULAR 33147 640200 MILEAGE REIMBURSEMENT 0.00 REGULAR 33147 640310 OUT OF COUNTY TRAVEL 0.00 REGULAR BUSINESS 33147 640900 TRANSPORTATION CHARGES 0.00 REGULAR 33147 651110 OFFICE SUPPLIES GENERAL 1,211.20 33147 652920 COMPUTER SOFTWARE 1.211.20 33147 652990 OTHER OPERATING SUPPLIES 1.211.20 33147 881300 REMITTANCES TO 0.00 MUNICIPILlTIES 33147 882100 REMITTANCES PRIVATE 131,730.00 ORGANIZATIONS 33147 881500 PROGRAM ASSITANCE TO 33.100.00 INDIVIDUALS TOTAL EXPENSE ..' ...... 182.830.00 Fund Center Funded Pro9ra~ .. Commitment Item Commitmenfltem Description .. Amount'" 33147 334621 DCF HUMAN SERVICES P 182.830.00 Packet Page -1042- ----------- -------- ------- 33147 481001 TRANSFER FROM GE 3/22/2011 Item 16.D,3, 33147 481112 TRANSFER FROM FUND 1 0.00 33147 481123 TRANSFER FROM FD 123 0.00 33147 481144 TRANSFER FROM ISLE 0 Q.on 33147 481146 TRANSFER FROM OCHOPE l 33147 481174 TRANSFER FROM CONSER 0.00 33147 481306 TRANSFER FROM PARKS 0.00 33147 481497 TRANSFER FROM AIRPOR 0.00 33147 366900 CONTRIBUTIONS PRIVA 0.00 33147 481313 TRANSFER FROM 1981 R 0.00 33147 481325 TRANSFER FROM STORMW 0.00 33147 481414 TRANSFER FROM FD 414 0.00 33147 481426 TRANSFER FROM CAT 0.00 33147 481427 i TRANSFER FROM FUND 4 0.00 33147 481474 ! TRANSFER FROM 474 SO 0.00 33147 !481496 i TRANSFER FROM AIRPOR 000 . TOTAL REVENUE 182.830.00 Total Sponsor Budget: 182.830.00 Cost Sharing Requirement: 0.00 Total Project Budget (+ Cost Sharing): 162.830.00 Packet Page -1043- Sponsor Project Budget Detail: 3/22/2011 Item 16.D.3, Review Process Cost Center Director: Date: Division Administrator: Date: Budget Department: Date: Agency Manager: Date: Finance Department: Date: Clerk to the Board Admin: Date: ISA number (SAP): Packet Page -1044-