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Agenda 10/25/2011 Item #16D1110/25/2011 Item 16.D.11, EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign the FY 2011 -12 Agreement with the David Lawrence Mental Health Center, Inc. to provide detoxification and mental health services within Collier County. Loral match funding u required by Florda statue section 394.96(9). Fiscal impact is $899dN. OBJECTIVE: To obtain Boats of Cowry Commissioners' approval and sothorizstion for the Chairman to sign the FY 2011 -12 agreement with David Lawrence Mental Health Cemu, Inc. CONSIDERATIONS' As mandated by Section 394,76(9) (a) and (b), Florida Sammes the Collier County Board of Commissioners has made a commitment to provide funding to the David Lawrence Mental Health Center, Inc., a provider of local behavioral health and substance abuse programs. Funding in the amount of $899,300 has been approved as part of the FY12 general Pond budget. The proposed agument requires that David Lawrence Mental Health Center, Inc. provide detoxification and mental health services within the boundaries of Collier Counts. The contract period Is from October I, 2011 through September 30, 2012 FISCAL IMPACT Funding in the amount of $899,3011 for this agreement has been appropriated in the FY 12 budget under the general fund (001). LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board action. The October 1, 2011 effective data of the agreement is intended to coincide with the expiration of the prior agreement with David Lawrence Mental Health Center, Inc. for detoxification services — JB W GROWTH MANAGEMENT IMPACT There is no growth management impact from this recommendation. RECOMMENDATION: Smff recommends that the Board of County Commissioners approve and authorize the Chairman to sign the agreement with the David Lawrence Mental Health Center. Inc. for the County to provide funding in the amount of $899,300. prepared by: Ashlee Franco, Accounting Supervisor Housing, Human and Veteran Services Packed Page -2236- 10/2512011 Item 16.D.11. COLLIER COUNTY Board of County Commissioners Rem Number: 16.D.11. Item Summary: Recommendation to approve and authorize the Chairman to sign the PY 2011 -12 Agreement with the David Lawrence Mental Health Center, Inc. to provide detoxification and mental health services within Collier County. Local match funding I5 required by Florida statue seemon 394.76(9). Fiscal impact is $899,300. Meeting Date: 10/25/2011 Prepared By Name: FrancoAsiblee Title: VALUE MISSNG 9/22/2011 9.4101 AM Submitted by Title: VALUE MISSING Name: FrancoAshlee 92220119: 4102 AM Approved By Name: Nelsoni Title: Administrative Assistant. SemonParks & Recreation Use 10 /102011913:42 AM Name: NelsonTona Title. Administrative Assistant, Senica Parks & Rereation Date'. 10/10 @OI 1 928:03 AM Name: Gran(Nmbcrlcy Tire'. Interim Director, UNV 8 Daw. INI I20t1 208'41 PM Name: RamseyMarla Title: Administrator, Public Services Date 10/11,201124533 PM Packet Page -223]- Name: WhiVJmnifer Tide: Assistant Coung, Atmmey,County Atlomey Date 10/122011 10..09'.02 AM Name: Klatekowleff Title: County Anomey, Date: 10/142011 1143'.35 AM Nmnc: PryO Cheryl Title'. Management/ Budget Analyst, SMIOr ice of Management & Budget Date: 10/182011 8:5/.04 AM Name, OchsLeo Title: County Mmager Date: 10/182011 11'.4534 AM Packet Page 2238- 10/25/2011 Item 16.D.11. 10/2512011 Item 16.D.11. AGREEMENT I THIS AGREEMENT enter into this 25th day of October 2011 m Naples, Collier Cowry, Florida, by and between to posed of County Commissioners, Collier County, Florida, hereunder referred to as the COUNTY, and the David Lawrence Mental Health Center, Inc., located at 6075 Bathey Lane Naples, FL 34116, hereinafter ref d to as the CENTER. WITNESSETH WHEREAS, the COUNTY is dearous of helping financially and his deemed it to be in the public interest to do so for David Lawrence Memel Health, Inc.; and WHEREAS, the COUNTY wishes to fund menial health and alcobolissn services provided bythe CENTER as it is authodud to do so under its government; and WHEREAS, the CENTER has cenhacted with the State of Florida, Department of Children and Families to act as a provider of mental hee1N and substance abase services as described by the approved District 8 Mental Health and Substance Abuse Plan of the Florida Department of Children and Families. NOW, THEREFORE, in consideration of the mount undertaking and agreements herehiatter set forth, the COUNTY and CENTER agree as follows: L The CENTER shall: A. Provide mental health and almbolism services consistent with the approved Florida Department of Children and Familiess District 8 Mental Health and Substance Abuse Plan ["District Plan"], incorporated herein by reference, and shall do so in compliance with all state, federal and local laws and ordinances and regulatiotn. B. Serve as an independent contractor, not an agent or employee of Collier County, for the transportation and care of patients restrainer pursuant to the Florida "Baker Act," Florida Statutes, Chapter 394.451, et seq., adhering to all regulatory and legal requirements of said act, Rate IOE- 5.040, F, of the Florida Adminlsmmlve Code and ail other pertinent laws, rules and regulators. C. Provide detoxification services consistent with the approved District Plan. D. Provide these services within the boundaries of the COUNTY, Florida. E. Possess, maintain and keep ci neat all necessary licerne(s) Packer Page 2239- 10/25/2011 Item 16.D.11. ^ F. Adhere to all conditions applicable m the administration of mental health funds Woman to Florida Statutes, Chapter 394.451, at seg., and Use administrative ales anrndant thereto. G. h4druin adequate financial records and repass relating a all funds Said by the COUNTY under this Agreement. H. Maintain books, records, documents arad other evidence of scumming praccdmes and practices that fully and properly reftem all direct and indirect costs of any nature expended in the performance of this Agreement end paid for with COUNTY fads. 1. Maintain adequate f cal accounting procedures for the audit or review of any expenditure, as requested by the COUNTY from time to time. J. Allow, upon rryuea the impection, review or audit of its fland records by COUNTY perennial upon request by COUS.T K. Collect fiscal and operational statistical dam pertaining to the care and treahnent of all patients served and funded by the COUNTY on a regular basis and deliver these written fiscal statistical reforms; on a quarterly basis to the COUNTY Human Services Director by the 10" day of the month immediately following the ^ preceding mmmr. L. Submit payroll records and activity dam to the COUNTY Housing and Human Services Director on a quarterly basis in order that the disbursement of COUNTY funds an reimburse the CENTER for such expenditures shall be in accrMance with the pre- auditing and accounting procedures on the pert of the Board of County Commissioners se; mandated by Sections 129.08 and 129.09, Florida Shames. M. Remw all broke, records and other documents relative to this Agreement for three (3) years after Bunl payment. N. Acting as an independent contractor and not as an employee of the COUNTY in operating aforementioned services, the CENTER shall be liable for, and shall indemnify, defend, and hold the COUNTY, State and Federal Government harmless from and against all claims, suits, judgments, damages, losses and anomry's fees and expenses arising from its operations and provision of the aforementioned services during the course of this ageemem During the term of this agreement the CENTER shall procure and maintain liability insurance coverage. The liability insurance coverage shall be hi amounts not less them $1,000,000 per person and 52,000,000 per incident or occurrence for ^ Personal injury, death, and property damage or any other claims for damages Packet Page -2240. 10/25/2011 Item 16.13.11. caused by or resulting from the activities under this Agreement. Such policies of ^ inumaxe shall name the COUNTY as an additional instead. The CENTER shall submit written evidence of having practiced all insurance policies required herein no later then 10 days after the effective date of Ws Agreement and shall submit wrihrn evidence of such insurance policies to Ne COUNTY Housing and Human Services Director and to the COUNTY's Risk Management office. The CENTER shell purchase all policies of insurance from a firuncially responsible insurer duly autboribd to do business in the State of Florida The CENTER shall be financially responsible for any lass due to failure to obtain adequate insurance coverage and the failure to maintain such policies or certificate in the amounts set Saida herein shall constitute a breech of this agreement. O. Submit W the COUNTY each yew a copy, of its annual aalkd firiencial statements. III�L'fiYQUJ Vf_tpolp A. Armnge for quarterly payments to be made to DLC in the amount of $224,825, totaling$899,300. B. Provide invoices to Physicians Regional Medical Center to pay David Lawrence Mental Health Center, Inc. M. The CENTER and COUNTY mutually agree: A. The rpm of this agreement is from October 1, 2011 to September 30, 2012. & ThLs Agreement may he terminated by either pang upon chary (30) days prior notice in writing to the other parry. C. This Agreement is subject W an armm] item of appropriation contained in the annual County budget. D. The entire financial obligation of the COUNTY under this Agreement shall not exceed eight hundred ninety-rune thousand, three bwdrcd dollars ($899.300), subject W the availability of fends. The $899,300 includes the handing for all Operations] costs, including tmruportation of Baker Act participants. E. new will be no discrimination on the basis of race, color, sex, religious background or national origin in perfo mmme of tins Agreement in regard to provisions of service or W regards to employmenL Packet Page 2241- 10/25/2011 Item 16.13.11. r. F. No modificazion, vnaWmmts or alterations DO the terms or conditions contained herein shall be effective unless contained in a written document and My extended by both parties. If The CENTER and not assign me perIo mance of services embed for in the Agreement withom the wnitten consent of the COUNTY. H. All access, Orlutst$ COn MIN and Other OOlrnn adcations required or perrnd[ed under this Agreement shall be in writing addressed to If to the COUNTY: Collier County Housing, Human end Veteran Services Director Heahh and Public Services Building 3339 East Tamiami Trail Naples, FL 34112 Nun the CENTER: Chief Executive Meer David Lawrence Menml Health Center, Inc. 6075 Badrey Lane .-. Naples, FL 34116 or w such other address as any putty may designate by notice complying with the teems herein stated. Packet Page -2242- 10/25/2011 Item 16.D.11. M WITNESS WHEREOF, the panes hereto have set their haands sand seals the day said year first above written. ATTEST: BOARD OF COUNTY COMMR DWIGHT E. BROOK, Clerk COLLIER COUNTY, F[ARIDA By: By: Deputy Clerk Fred W. Coyle, Chairmen Board of Cowry Ccanvnissioners Date: Octoner25.2010 DAVID LAWRENCE CENTER: Approved as to form and legal sufficiency By: David Schimmel, Chief Executive Officer Date: October 25,201D Assistant Cowry AttomryNN Collier County Packet Page -22C3-