Backup Documents 11/10/2009 Item #16D 6
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLId. 6 0 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate fOT additional signatures, dates, andlor information needed. If the document is already complete with the
excention of the Chairman's simlature, draw a line throup:h routinl1" lines #1 throulJh #4, comnlete the checklist, and f01ward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routino order\
1. Terri Daniels Housing and Human Services 12/4/09
2.
3.
4. Ian Mitchell, Manager Board of County Commissioners ~ 11.-('6 10')
. "
/
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INI<'ORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature arc to be delivered to the Bee office only after the Bee has acted to approve the
item.'
Name of Primary Staff Terri Daniels Phone Number 252-2689
Contact
Agenda Date Item was November 10,2009 Agenda Item Number l6D6
Annroved bv the BCC
Type of Document Agreement DLC 2009-10 Number of Original 2
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable colul1Ul. whichever is
a ro nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licahle,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCe approval, ~
Some documents are time sensitive and require forwarding to Tallahassee within a certain \- ___
time frame or the BCC's actions are nullified. Be a ar of our deadlines!
The document was approved by tbe BCC on I, 'I) (enter date) and all cbanges
made during the meeting have been incorporated in t e attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
1.
2.
3.
4.
5.
6.
N/A(Not
A licable
r
I: Formsl County Formsl BeC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
160 6
MEMORANDUM
Date:
December 8, 2009
To:
Terri Daniels, Grants Supervisor
Human Services Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Agreement 2009-10
Contractor: David Lawrence Center
Attached, please find one (1) original as referenced above (Agenda
Item #16D6), approved by the Board of County Commissioners on
Tuesday, November 10, 2009.
Please return any fully executed original documents back to the
Minutes & Records Department for the Board's Official Record.
If you should have any questions, please call 252-7240.
Thank you.
160 6
AGREEMENT
THIS AGREEMENT entered into this \~ day of -N J"' , 2009 at Naples, Collier
County, Florida, by and between the Board of County Commissioners, Collier County, Florida,
hereinafter referred to as the COUNTY, and the David Lawrence Mental Health Centcr, Inc.,
located at 6075 Bathey Lane Naples, FL 34116, hereinafter referred to as the CENTER.
WITNESSETH
WHEREAS, the COUNTY is desirous of helping financially and has deemed it to be in
the public interest to do so for David Lawrcnce Mental Health, Inc.; and
WHEREAS, the COUNTY wishes to fund mental health and aleoholism servIces
provided by the CENTER as it is authorized to do so under its government; and
WHEREAS, the CENTER has contracted with the State of Florida, Department of
Children and Families to act as a provider of mental health and substance abuse 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 mutual undertaking and agreements
hereinafter set forth, the COUNTY and CENTER agree as follows:
1. The CENTER shall:
A. Provide mental health and alcoholism services consistent with the approved
Florida Department of Children and Families 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
regulations.
B. Serve as an independent contractor, not an agent or employee of Collier County,
for the transportation and care of patients restrained pursuant to the Florida
"Baker Act," Florida Statutes, Chapter 394.451, et seq,. adhering to all regulatory
and legal requirements of said act, Rule IOE-5.040, F, of the Florida
Administrative Code and all other pertinent laws, rules and regulations.
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 current all necessary licensees).
16D 0
F. Adhere to all conditions applicable to the administration of mental health funds
pursuant to Florida Statutes, Chapter 394.451, et seq.. and the administrative rules
attendant thereto.
G. Maintain adequate financial records and reports relating to all funds paid by the
COUNTY under this Agreement.
H. Maintain books, records, documents and other evidence of accounting procedures
and practices that fully and properly reflect all direct and indirect costs of any
nature expended in the performance of this Agreement and paid for with
COUNTY funds,
1. Maintain adequate fiscal accounting procedures for the audit or review of any
expenditures, as requested by the COUNTY from time to time.
J. Allow, upon request the inspection, review or audit of its fiscal records by
COUNTY personnel upon request by COUNTY,
K. Collect fiscal and operational statistical data pertaining to the care and treatment
of all patients served and funded by the COUNTY on a regular basis and deliver
these written fiscal statistical reports on a quarterly basis to the COUNTY Human
Services Director by the 101h day of the month immediately following the
preceding quarter.
L Submit payroll records and activity data to the COUNTY Housing and Human
Services Director on a quarterly basis in order that the disbursement of COUNTY
funds to reimburse the CENTER for such expenditures shall be in accordance
with the pre-auditing and accounting procedures on the part of the Board of
County Commissioners as mandated by Sections 129.08 and 129.09, Florida
Statutes,
M. Retain all books, records and other documents relative to this Agreement for three
(3) years after final 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
attorney's fees and expenses arising from its operations and provision of the
aforementioned services during the course of this agreement
During the term of this agreement the CENTER shall procure and maintain
liability insurance coverage. The liability insurance coverage shall be in amounts
not less than $1,000,000 per person and $200,000 per incident or occurrence for
personal injury, death, and property damage or any other claims for damages
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160 6
caused by or resulting from the activities under this Agreement. Such policies of
insurance shall name the COUNTY as and additional insured, The CENTER
shall submit written evidence of having procured all insurance policies required
herein no later than 10 days after the effective date of this Agreement and shall
submit written evidence of such insurance policies to the COUNTY Housing and
Human Services Director and to the COUNTY's Risk Management office. The
CENTER shall purchase all policies of insurance from a financially responsible
insurer duly authorized to do business in the State of Florida. The CENTER shall
be financially responsible for any loss due to failure to obtain adequate insurance
coverage and the failure to maintain such policies or certificate in the amounts set
forth hcrein shall constitute a breach of this agrccment.
O. Submit to the COUNTY each year a copy of its annual audited financial
statements.
II. The COUNTY shall:
A Reimburse the CENTER quarterly, in advance, at least one-fourth (1/4) of the
total allocation for "Operational Funds" approved for the CENTER by the Board
of Commissioners as specified in Section lII-D of this Agreement, in accordance
with the approved District Plan.
III. The CENTER and COUNTY mutually agrce:
A The tcrm of this agreement is from October 1, 2009 to September 30, 20 I O.
B. This Agreement may be tcrminated by either party upon thirty (30) days prior
notice in writing to the other party.
C This Agreement is subject to an annual item of appropriation contained in the
annual County budget.
D. The entire financial obligation of the COUNTY under this Agreement shall not
exceed one million thirty-five thousand, one hundred and ninety-five dollars
($1,034,195), subject to the availability of funds. The $1,034,195 includes the
funding for all Operational costs, including transportation of Baker Act
participants. The matching funds shall come from local sources and shall be
utilized as part of the matching requirements of Florida Statutes, Section
394.76(9)( a) and (b).
E. Therc will be no discrimination on the basis of race, color, sex, rcligious
background or national origin in performance of this Agreement in regard to
provisions of service or in regards to employment.
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F. No modification, amendments or alterations to the terms or conditions contained
herein shall be effective unless contained in a written document executed with the
same formality, and of equal dignity, herewith.
G. The CENTER shall not assign the performance of services called for III the
Agreement without the written consent of the COUNTY.
H. All notices, requests, consents and other communications required or permitted
under this Agreement shall be in writing addressed to:
If to the COUNTY:
Collier County Housing and Human Services Director
Health and Public Services Building
3301 East Tamiami Trail
Naples, FL 34112
If to the CENTER:
Chief Executive Officer
David Lawrcnce Mental Health Center, lnc,
6075 Bathey Lane
Naples, FL 34116
or to such other address as any party may designate by notice complying with the
terms herein stated.
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160 6
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
ATTEST:
DWIGHT E. BROCK, Clerk
B~~
A*teIt. as to.CMtr.... ,
11tllltrio*i."
Approved as to form and
legal sufficiency
0~~
Assistant County Attorney
Collier County
COLLIER COUNTY HOUSING AND HUMAN
SERVICES
BY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
f'
1/ ;'
il!) . f 'i:
By: '~,.... """..<4..k",
Donim Fiala, Chairman
Board of County Commissioners
Date: November 10, 2009
DAVID LAWRENCE CENTER:
By:
,Ie /~~
David Schifnmel, Chief Executive Officer
Date:
November 10, 2009
Item # (lol) <tl
Agenda .. 1_ I 0"
Date ~
Dat~ ~ \~ \D~
Reed \!::\-!'r'
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