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Agenda 11/10/2020 Item #16D 9 (Mental Health Services Agreement w/David Lawrence Mental Health Center, Inc. & NAMI Collier County)11/10/2020 16.D.9 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign agreements between Collier County and the David Lawrence Mental Health Center, Inc., in the amount of $2,327,889 and NAMI Collier County, Inc. in the amount of $146,704 pursuant to the state -mandated local match requirement for mental health services. OBJECTIVE: To provide mental health and substance abuse services to the community consistent with Section 394.76(9) (a) and (b), Florida Statutues. CONSIDERATIONS: Pursuant to Section 394.76(9) (a) and (b), Florida Statutes, requiring a local match to state -funded community alcohol and mental health services a commitment has been made to provide funding in the amount of $2,327,889 to the David Lawrence Center Mental Health Center, Inc. (DLC) and $146,704 NAMI Collier County, Inc. (NAMI). The statute further states that governing bodies within a district or sub -district shall be required to participate in the funding of alcohol and mental health services under the jurisdiction of such governing bodies. The amount of the participation shall be at least that amount which, when added to other available local matching funds, is necessary to match state funds. DLC is a not for profit mental health facility in Collier County. DLC is funded, in part, via state contracts for the provision of mental health and substance abuse services. The proposed agreement requires that DLC provide adult and children's mental health and adult substance abuse services to citizens of Collier County. The contract period is from October 1, 2020 through September 30, 2021. Additional funds in the amount of $470,137 will be provided through the Intergovernmental Transfer Programs (IGT's) with the State Agency on Health Care Administration (AHCA) program as previously approved by the Board of County Commissioners (Board). These funds will be related to payments for charity care health services through the Low -Income Pool (LIP) Medicaid program. NAMI Collier County is a not for profit agency in Collier County providing advocacy, support, and education services to the community and those who are affected by mental illness. NAMI Collier County is funded in part via a state contract for the provision of mental health services. The proposed agreement requires that NAMI provide services to the citizens of Collier County. The contract period is October 1, 2020 to September 30, 2021. FISCAL IMPACT: The total amount of the two contracts discussed above is $2,474,593. Funding for these contracts is provided in the General Fund Community Mental Health & LIP Services cost center (001-156010). LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. -JAB GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATIONS: To approve and authorize the Chairman to sign agreements between Collier County and the David Lawrence Mental Health Center, Inc., in the amount of $2,327,889 and NAMI Collier County, Inc. in the amount of $146,704 pursuant to the state -mandated local match requirement for mental health services. Prepared By: Kristi Sonntag, Director, Community and Human Services Division Packet Pg. 1725 16.D.9 11/10/2020 ATTACHMENT(S) 1. DLC Agreement CAO Stamped (PDF) 2. NAMI Agreement CAO Stamped (PDF) Packet Pg. 1726 16.D.9 11/10/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.9 Doe ID: 14012 Item Summary: Recommendation to approve and authorize the Chairman to sign agreements between Collier County and the David Lawrence Mental Health Center, Inc., in the amount of $2,327,889 and NAMI Collier County, Inc. in the amount of $146,704 pursuant to the state -mandated local match requirement for mental health services. Meeting Date: 11/10/2020 Prepared by: Title: Grants Support Specialist — Community & Human Services Name: Joshua Thomas 10/22/2020 12:52 PM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 10/22/2020 12:52 PM Approved By: Review: Community & Human Services Tami Bailey Additional Reviewer Community & Human Services Kristi Sonntag CHS Review Community & Human Services Jose Alvarado Additional Reviewer Community & Human Services Maggie Lopez Additional Reviewer Operations & Veteran Services Kimberley Grant Level 1 Reviewer Public Services Department Todd Henry Level 1 Division Reviewer Grants Erica Robinson Level 2 Grants Review Public Services Department Steve Carnell Level 2 Division Administrator Review County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Budget and Management Office Ed Finn Additional Reviewer Grants Therese Stanley Additional Reviewer County Manager's Office Sean Callahan Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Completed 10/22/2020 1:20 PM Completed 10/22/2020 2:05 PM Completed 10/22/2020 4:48 PM Completed 10/26/2020 10:20 AM Completed 10/26/2020 12:03 PM Completed 10/27/2020 1:28 PM Completed 10/27/2020 3:06 PM Completed 10/27/2020 5:07 PM Completed 10/29/2020 1:27 PM Completed 10/29/2020 1:35 PM Completed 10/29/2020 1:40 PM Completed 10/30/2020 12:39 PM Completed 11/02/2020 9:44 AM Completed 11/04/2020 10:58 AM 11/10/2020 9:00 AM Packet Pg. 1727 16.D.9.a AGREEMENT BETWEEN COLLIER COUNTY AND DAVID LAWRENCE MENTAL HEALTH CENTER, INC. THIS AGREEMENT is made and entered into on this day of , 2020, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address as 3339 E. Tamiami Trail, Naples, FL 34112, and David Lawrence Mental Health Center, Inc., (RECIPIENT or DLC), a private not -far -profit corporation, under agreement with the State of Florida, Department of Children and Families, through the Central Florida Behavioral Health Network, Inc. contract, authorized to do business in the State of Florida having its principal office at 6075 Bathey Lane, Naples, Florida 34116. WHEREAS, COUNTY believes it to be in the public interest to provide substance abuse and mental health services to the Collier County residents through the DAVID LAWRENCE MENTAL HEALTH CENTER, according to this Agreement, and NOW THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART I SCOPE OF SERVICES The RECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing services as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Substance Abuse and/or Mental Health Services Description of project and outcome: David Lawrence Center will provide mental health and substance abuse service to Collier County residents. The provisions of services may include but is not limited to outpatient treatment, crisis unit services, case management and inpatient services. Provision of substance abuse and mental health services programs must be implemented to serve residents of Collier County, in accordance with Chapters 394 and 397, Florida Statutes, and all exhibits hereto. Additional funds in the amount of $470,137 Will be provided through voluntary payments from Collier Health Services, Inc. Deferred Payment/Return of Funds If, as a result of monitoring or audit, clients counted are not properly documented, a payment may be deferred. If DLC cannot provide appropriate documentation to determine the accuracy of the number of qualifying clients submitted by DLC, or if an audit by COUNTY indicates that the number of clients served may be less than the minimum David Lawrence Center Gr 2021-003 State Mandated Services P12C 1 Packet Pg. 1728 required for the Agreement period under Article 1.2A, no future payment will be made until the full amount of overpayment is remitted to the COUNTY or a repayment agreement is accepted by the COUNTY. The overpayment will be calculated on a pro rata basis. If the monitoring or audit occurs after the term of this Agreement, DLC will be required to remit funds to the COUNTY in accordance with the repayment conditions below. DLC agrees to return to the COUNTY any overpayments due to funds disallowed pursuant to the term of this Agreement and/or Local, State, or Federal requirements. DLC will be required to reimburse the COUNTY for any acts of noncompliance resulting in disallowed costs or fines. 1.1 GRANT AND SPECIAL CONDITIONS A. DLC further assures that all contractors, subcontractors, or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of statutes, regulations, guidelines, and standards. By acceptance of this funding, DLC assures and certifies the following: 1. That, if clients are to be transported under this Agreement, DLC will comply with the provisions of Chapter 427, Florida Statutes, which requires the coordination of transportation of the disadvantaged. 2. That it will comply with Chapter 39.201, Florida Statutes, that any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare, as defined in this chapter, shall report such knowledge or suspicion to the Florida Abuse Hotline (1-800-962-2873). 3. That it will comply with Chapter 415.1034, Florida Statutes, that any person who knows or has reasonable cause to suspect that a vulnerable and or disabled adult has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the Florida Abuse Hotline (1-800-962-2873). 4. That if personnel in programs under this Agreement work directly with children or youths and vulnerable or disabled adults, DLC will comply with the provisions of Chapters 435.03 and 435.04, Florida Statutes, which requires employment screening. 5. That it will comply with Chapter 216.347, Florida Statutes, which prohibits the expenditure of Agreement funds for the purpose of lobbying the legislature, State, or County agencies. 6. That it will notify the COUNTY of any changes and/or additions from the Central Florida Behavioral Health Network on a quarterly basis. This notification must include a statement as to how this change in funding affects David Lawrence Center GF 2021-003 State Mandated Services Page 2 Packet Pg. 1729 16. D.9.a provision of service, as well as the use of and continued need for the COUNTY funds. 7. DLC shall comply with requirements as defined in Section 504 of the Rehabilitation Act of 1973 (http://www.section508.gov/index.cfm?FuseAction=Content&ID=15) and the American Disability Act (ADA) (http:/Jwww.ada.ov) as implemented by 28 CFR Part 35 (httl2://ecfr.gpoaccess.gov/cgi/t/text/text- idx?c=ecfr&tpl=/ecfrbrowse/Title28/28cfr35_main_02.tpl), A Single Point of Contact shall be required if DLC employs fifteen (15) or more employees. The Single Point of Contact will ensure effective communication with deaf or hard of' hearing customers or companions in accordance with Section 504 and the ADA, and coordinate activities and reports with DLC's Single Point of Contact. DLC shall ensure that COUNTY funds are restricted to Collier County residents. Items 1-5 and 7-8 will be considered in compliance unless otherwise noted in the State of Florida Department of Children and Families and/or Central Florida Behavioral Health Care Center Annual Monitoring Report(s). B. HEALTH INSURANCE PORTABILTIY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) The COUNTY, pursuant to the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a "covered entity" as the law defines that term. Any "personal health information" (PHI) as defined by the law, which COUNTY receives pursuant to this Agreement is subject to the disclosure and security requirements of HIPAA. Transfer of information to the COUNTY sufficiently "de -identified" to no longer be considered PHI is encouraged as being in the best interest of client PHI confidentiality, to the extent that client services are unaffected. Particular methods to accomplish the highest levels of client service coupled with PHI confidentiality shall be an on -going task of the effected staffs of the COUNTY and DLC. C. DISASTERJEMERGENCY ASSISTANCE If needed, DLC may be called upon to assist the COUNTY during a natural disaster or emergency. This includes the use of DLC's facility to assist with Emergency Food Stamp preregistration if facility is operational and computer terminals are available. DLC will be responsible to notify COUNTY immediately after a disaster declaration, if the location is accessible and operational and of any DLC staff who are available to assist with recovery efforts. David Lawrence Center GF 2021-003 State Mandated services I'aee 3 Packet Pg. 1730 16. D.9.a A. CLIENTS SERVED DLC will serve a minimum of �250 �onduplicated Collier County residents/clients with at least 1, unit of service, as defined by F.A.C. 65E-14 during the Agreement period. B. PERFORMANCE DELIVERABLES Program Deliverable Supporting Documentation Submission Schedule Insurance Proof of coverage in t time of Acquisition and accordance with Exhibit A annually within 30 days after renewal Progress Report Exhibit C Quarterly by 30'h of the month following quarter end. Financial and Compliance Audit, Management Letter, and Annually: nine (9) months after Audit Exhibit D FY end for Single Audit OR one hundred eighty (180) days after FY end, if exempt Monitoring Reports Reports issued from other Within 30 days after receipt agencies ' from monitoring agency C. PAYMENT DELIVERABLES Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Submission of Exhibit B and C Submission of Mental Health and quarterly invoices, Substance Abuse Services due by 301" of the month following the quarter end. 1.3 PERIOD OF PERFORMANCE RECIPIENT services shall start on October 1, 2020land shall end on iSeptember 30,20211, unless terminated as specified in Section 3.5 Defaults, Remedies, and Termination. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available Two Million Three Hundred Twenty Seven Eight Hundred and Eight Nine Dollars and 001cents ($2,327,889� for use by the RECIPIENT during the term of the Agreement (hereinafter, shall be referred to as the "Funds"). David Lawrence Center GF 2021-003 State Mandated Services I. Packet Pg. 1731 16.D.9.a Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners (Board) approval. The COUNTY shall reimburse the RECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. RECIPIENT may not request disbursement of funds until funds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. RECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every quarter. Payments shall be made to the RECIPIENT, when requested as work progresses but not more frequently than once per quarter. Reimbursement will not occur if RECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the RECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to all applicable Local, State, or Federal requirements. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Community and Human Services, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 David Lawrence Center GF 202 t -003 State Mandated Services Pu_c Packet Pg. 1732 16.D.9.a Telephone: �239) 252-2273' DAVID LAWRENCE CENTER ATTENTION: Scott Burgess, CEO David Lawrence Mental Health Center, Inc. 6075 Bathey Lane Naples, Florida 3411 Email: scottb@DLCenters.org Telephone: 239-455-8500 RECIPIENT 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. Remainder of Page Intentionally Left Blank David Lawrence Center GF 2021-003 State Mandated Services Page h Packet Pg. 1733 16.D.9.a PART Ii CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, RECIPIENT shall make available all records, documentation, and any other data relating to all matters covered by the Agreement for review, inspection, or audit. Any deficiencies noted in audit reports must be fully cleared by the RECIPIENT within 30 days after receipt by the organization. Failure of RECIPIENT to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. RECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning RECIPIENT audits. 2.2 RECORDS AND DOCUMENTATION The RECIPIENT shall maintain sufficient records in accordance with Florida Statute, to determine compliance with the requirements of this Agreement, the DCF agreement, and all other applicable laws and regulations. This documentation shall include, but is not limited to, the following: A. All records required by Florida Statute, as directed by Central Florida Behavioral Health Network, Inc., in its contract with RECIPIENT. B. RECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. C. RECIPIENT shall make available to COUNTY at any time upon request by CHS, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the RECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, RECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for six (6) years after the date of submission of the final progress report, with the following exception: if any litigation, claim, or audit is started before the expiration date of David Lawrence Center G F 2021-003 State Mandated Services pa._ � - Packet Pg. 1734 16.D.9.a the six (6) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If RECIPIENT ceases to exist after the closeout of this Agreement, the COUNTY shall be informed, in writing, of the address where the records are to be kept. The RECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of the RECIPIENT upon termination of the Agreement, and destroy any duplicate exempt or confidential public records that are exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. IF THE RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329 Michael.Cox(a,colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. RECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. RECIPIENT shall ensure that exempt or confidential public records that are exempt from public records disclosure requirements are not disclosed. 2.3 MONITORING During the term of this Agreement, RECIPIENT shall submit an annual audit monitoring report (Exhibit D) to the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for Recipients exempt from Single Audit), after RECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. RECIPIENT agrees that CHS may carry out no less than one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE RECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide for the proper and effective management of all Program and Fiscal activities of the Agreement. RECIPIENT's internal control systems and all transactions and other David Lawrence Center G F 2021-003 State Mandated Services Pear R Packet Pg. 1735 16. D.9.a significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. RECIPIENT shall provide COUNTY with complete access to all its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. RECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. RECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Recipients, Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's escalation policy for noncompliance is as follows: A. Initial noncompliance may result in Findings or Concerns being issued to the RECIPIENT and will require a corrective action plan be submitted to CHS within fifteen (15) calendar days, following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to RECIPIENT, as needed, in order to correct the noncompliance issue. B. If RECIPIENT fails to submit the corrective action plan in a timely manner, CHS may require a portion of the awarded grant amount be returned to the COUNTY. The COUNTY may require upwards of 5 percent of the award amount be returned to the COUNTY, at the discretion of the Board. The RECIPIENT may be denied future consideration, as set forth in Resolution No. 2013-228. C. If RECIPIENT continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by CHS by certified mail of their substantial noncompliance, CHS may require a portion of the awarded amount be returned to the COUNTY. David Lawrence Center GF 2021-003 State Mandated Services Nu Packet Pg. 1736 16. D.9.a The COUNTY may require upwards of 10 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The RECIPIENT will be in violation of Resolution No. 2013-228. D. If after repeated notification, RECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board to immediately terminate the Agreement. The RECIPIENT will be required to repay all funds disbursed by the COUNTY for the project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities, if applicable. • The RECIPIENT will be in violation of Resolution No. 2013-228. If RECIPIENT has multiple agreements with CHS and is found to be noncompliant, the above sanctions may be imposed across all awards, at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, RECIPIENT shall submit quarterly progress reports to the COUNTY on the 30th day of January, April, July, and October, respectively, for the prior quarter period end. Exhibit C contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee, if the Program changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Remainder of Page Intentionally Left Blank David Lawrence Center GF 2021-003 State Mandated Services 1' Packet Pg. 1737 16.D.9.a PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS Any work or services subcontracted by the RECIPIENT shall be by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. RECIPIENT shall submit such subcontracts to Collier County Community and Human Services Division (CHS) for its review and approval, prior to execution by RECIPIENT. None of the work or services covered by the Agreement, including but not limited to consultant work or services, shall be subcontracted by the RECIPIENT or reimbursed by the COUNTY, without prior written approval of the CHS Director or designee. kpI 1011019 041aA 1I91 110I1MI li 7[oh 1110 Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The RECIPIENT shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance as RECIPIENT is an independent contractor. 3.3 AMENDMENTS The COUNTY or RECIPIENT may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or RECIPIENT from its obligations under this Agreement. The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or governmental guidelines, policies, available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both COUNTY and RECIPIENT. 3.4 INDEMNIFICATION To the maximum extent permitted by Florida law, RECIPIENT shall indemnify and hold harmless Collier County, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of RECIPIENT or any of its agents, officers, employees, contractors, patrons, guests, clients, David Lawrence Center GF 2021-003 State Mandated Services Pier I Packet Pg. 1738 16.D.9.a licensees. invitees, or any persons acting under the direction, control, or supervision of RECIPIENT, 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. The RECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. 3.5 DEFAULTS, REMEDIES, AND TERMINATION This Agreement may be terminated for convenience by either the COUNTY or RECIPIENT, in. whole or in part, with a thirty (30) day written notice, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. The following actions or inactions by RECIPIENT shall constitute a Default under this Agreement; A. RECIPIENT's failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and State of Florida guidelines, policies, or directives as may become applicable at any time B. RECIPIENT's failure, for any reason, to fulfill in a timely and proper manner its obligations under this Agreement C. RECIPIENT"s ineffective or improper use of funds provided under this Agreement D. RECIPIENT' submission to the COUNTY of reports that are incorrect or incomplete in any material respect E. RECIPIENT's submission of any false certification F. RECIPIENT's failure to materially comply with any terms of this Agreement G. RECIPIENT's failure to materially comply with the terms of any other agreement between the COUNTY and RECIPIENT, relating to the project David Lawrence Center OF 2021-003 State Mandated Services Pace 12 Packet Pg. 1739 16.D.9.a In the event of any default by RECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part B. Require the use of or change in medical services provider C. Require RECIPIENT to immediately repay to the COUNTY all funds that RECIPIENT has received under this Agreement D. Apply sanctions, if determined by the COUNTY to be applicable E. Stop all payments, until identified deficiencies are corrected F. Terminate this Agreement, by giving written notice to RECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, RECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.6 INSURANCE RECIPIENT shall not commence any work and/or services pursuant to this Agreement, until all required insurance, as outlined in Exhibit A has been obtained. Said insurance shall be carried continuously during RECIPIENT's performance under the Agreement. 3.7 CIVIL RIGHTS COMPLIANCE The RECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. 3.8 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The RECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed, or Spanish -heritage Americans, Asian -Americans, and American Indians. RECIPIENT may rely on written representations by businesses David Lawrence Center GF 2021-003 State Mandated Services III-1e 13 Packet Pg. 1740 16.D.9.a regarding their status as minority and women's business enterprises in lieu of an independent investigation. 3.9 CONFLICT OF INTEREST The RECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Program, has any personal financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services, required in this Agreement. RECIPIENT further agrees that no person having any conflict of interest shall be employed by or subcontracted by RECIPIENT. The RECIPIENT covenants that it will comply with all provisions of Florida Statute 287,057 and any additional State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. The RECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled, in whole or in part, by RECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit RECIPIENT's ability to self -manage the projects using its own employees. 3.10 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. 3.11 ASSIGNMENT RECIPIENT shall not assign this Agreement or any part thereof, without the prior written consent of the COUNTY. Any attempt to assign or otherwise transfer this Agreement or any part herein, without the COUNTY's consent, shall be void. If RECIPIENT does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward RECIPIENT all the obligations and responsibilities that RECIPIENT has assumed toward the COUNTY. If an assignment of this Agreement is approved by the COUNTY, RECIPIENT shall be relieved of all obligations under this Agreement arising after any assignment. 3.12 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the RECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the FL Abuse Hotline with a subsequent notice to the COUNTY. David Lawrence Center GF 2021.003 State Mandated Services 1'aue 14 Packet Pg. 1741 16.D.9.a 3.13 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Remainder of Page Intentionally Left Blank David Lawrence Center GF 2021-003 State Mandated Seroiccs Page 15 Packet Pg. 1742 16.D.9.a PART IV GENERAL PROVISIONS 4.1 PERMITS, LICENSES, TAXES: In compliance with Section 218.80, Florida Statues, all permits necessary for the performance of the Work shall be obtained by RECIPIENT. Payment for all such permits issued by the COUNTY shall be processed internally by the COUNTY. All non -COUNTY permits necessary for the performance of the Work shall be procured and paid for by RECIPIENT. The RECIPIENT shall also be solely responsible for payment of all taxes levied on the RECIPIENT. In addition, RECIPIENT 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 RECIPIENT agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by RECIPIENT. 4.2 NO IMPROPER USE: The RECIPIENT will not use, nor offer 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 RECIPIENT, or if the COUNTY or its authorized representative shall deem any conduct on the part of the RECIPIENT to be objectionable or improper, the COUNTY shall have the right to suspend the Agreement with the RECIPIENT. Should RECIPIENT 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 will continue until the violation is cured. The RECIPIENT further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the COUNTY. 4.3 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. 2004-53, 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 firni for cause. 4.4 DRUG -FREE WORKPLACE: The RECIPIENT agrees that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). 4.5 IMMIGRATION LAW COMPLIANCE: By executing and entering into this Agreement, the RECIPIENT 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.C. 1324, et seq. and regulations relating thereto, as either may [David Lawrence Center G F 2021-003 State Mandated Services Page 16 Packet Pg. 1743 16. D.9.a be amended. Failure by the RECIPIENT 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. https://www.ecoe.gov/eeoc/history/35th/thelaw/irca.htm] 4.6 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. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of RECIPIENT 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. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE RECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.7 ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Agreement documents, the terms of the Agreement shall take precedence over the terms of all other Agreement documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Agreement documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Agreement documents upon DLC at the County's discretion. 4.8 VENUE: Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 4.9 EQUAL EMPLOYMENT OPPORTUNITY: Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246. htips://www.dol.gov/agencies/ofccp/executive-order- I 1246/as-amended David Laurence Center GF 2021-003 State Mandated Services 1'1igr 1 Packet Pg. 1744 16.D.9.a 4.10 RECORDS RETENTION: Florida Statutes 119.021 Records Retention hrtp://www.W..state.fl.us/Statutes/index.cfm?App made=Display_Statute&URL=0100- 0 1 99/0119/Sections/0 119.02 Lhtml 4.11 CONTRACTS AND PUBLIC RECORDS: Florida Statutes, 119.071, Contracts and Public Records http://www.lea.state.flus/Statutes/index.cfm?App mode=Display_ Statute&URL=0100- 0199/0119/Sections/0119.071. html 4.12 CONVICTED VENDOR LIST: As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the RECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287,133 (3) (a), Florida Statutes. http://www.lev,.state.fl.us/Statutes/index.cfm?Ant) mode=Dist)lav Statute&Search Strin g=&URL=0200-0299/0287/Sections/0287.133.html 4.13 FALSE CLAIM: Criminal, or Civil Violation: RECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 4.14 POLITICAL ACTIVITIES PROHIBITED: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. Signature Page to Follow David Lawrence Center GF 2021-003 State Mandated Services Page 18 Packet Pg. 1745 16.D.9.a IN WITNESS WHEREOF, the DLC and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KINZEL, CLERK Dated: , Deputy Clerk (SEAL) Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney Date: David Lawrence Center GF 2021-003 State Mandated Services BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By. BURT L. SAUNDERS, CHAIRMA Date: !DAVID LAWRENCE MENTAL HEALTH CENTER, INC. By: Scott Burgess, CEO Date: pa.Le 19 Packet Pg. 1746 16.D.9.a EXHIBIT A INSURANCE REQUIREMENTS The RECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: Workers' Compensation as required by Chapter 440, Florida Statutes. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the RECIPIENT or the licensed design professional employed by the RECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the RECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the RECIPIENT or any person employed by the RECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the RECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the RECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the RECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: Workers' Compensation as required by Chapter 440, Florida Statutes. David Lawrence Center GF 2021-003 State Mandated Services Papc 20 Packet Pg. 1747 16.D.9.a 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. 11, Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structures) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. David Lawrence Center GF 2021-003 State Mandated Services Paec Packet Pg. 1748 16.D.9.a EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT RECIPIENT Name: (David Lawrence Center i RECIPIENT Address: Project Name: I Mental Health and Substance Abuse Project No: I GF 2021-0031 Payment Request # Total Payment Minus Retainage j Period of Availability: j a through Period for which the Agency has incurred the indebtedness [through SECTION IL STATITS OF FUNDS Recipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net of Retainage, if applicable) $ $ 4. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ $ certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the RECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) David Lawrence Center G F 2021-003 State Mandated Services Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Face 22 Packet Pg. 1749 16.D.9.a EXHIBIT C PROGRESS REPORT David Lawrence Center (DLC) Performance Measures Fiscal Year (2020-2021) 1st 3rd 4th Quarter 2nd Quarter Quarter Total Number to Performance Measures 70/1- Quarter 4/1- 7/1- Performance be served 12/31 1/1-3/31 6/30 9/30 Annually Goal Annually # of nonduplicated Collier County 6250 residents/clients with at least 1 unit of service during the quarter. DLC's average client satisfaction score combined 85% across all measures DLC's 90-day inpatient and residential programs Data readmission rate average will meet' or be below provided by the Regional Average" CFBHN Signature & Date: 'Meeting rate is considered met if minimally within 2% of Regional Average. "The date range considered in the target will be the running average over two fiscal years plus the current fiscal year-to-date. David Lawrence Center GF 2021-003 State Mandated Services 'Iaec 23 Packet Pg. 1750 16. D.9.a EXHIBIT D ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor recipients of federal awards to determine if recipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding the organization's compliance. In determining Federal awards expended in a fiscal year, the recipient must consider all sources of Federal awards, based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Recipient David Lawrence Center Name First Date of Fiscal Year MM/DD/Y Last Date of Fiscal Year M/DD Total Federal Financial Assistance Expended Total State Financial Assistance Expended during most during most recently completed Fiscal Year recently completed Fiscal Year Check A. or B. Check C if applicable A. The federaI/state expenditure threshold for our fiscal year ending as indicated above has been met, ❑ and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be completed by I . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ ❑ Are a for -profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we ❑ underhttps://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html stand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title David Lawrence Center G F 2021-003 State Mandated Services 06/18 N V_ 0 v a� a E U) 0 a c a� m a! aM a L) J c as E s �a a Pape 24 Packet Pg. 1751 AGREEMENT BETWEEN COLLIER COUNTY AND NAMI Collier County, Inc THIS AGREEMENT is made and entered into on this day of , �020J by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address as 3339 E. Tamiami Trail, Naples, FL 34112, and NAMI Collier County, Inc. (RECIPIENT or NAMI), a private not -far -profit corporation, under agreement with the State of Florida, Department of Children and Families, through the Central Florida Behavioral Health Network, Inc. contract, authorized to do business in the State of Florida having its principal office at 62116 Trail Blvd. Building C Naples, F134108. WHEREAS, COUNTY believes it to be in the public interest to provide substance abuse and mental health services to the Collier County residents through the NAMI Collier County, Inc, according to this Agreement, and NOW THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART I SCOPE OF SERVICES The RECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing services as provided herein and, as determined by Collier County Community and Hurnan Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Mental Health Services Description of project and outcome: Provision of mental health services to residents of Collier County through peer support and drop in services. Provision of substance abuse and mental health services programs must be implemented to serve residents of Collier County, in accordance with Chapters 394 and 397, Florida Statutes, and all exhibits hereto. Deferred Payment/Return of Funds If, as a result of monitoring or audit, clients counted are not properly documented, a payment may be deferred. If NAMI cannot provide appropriate documentation to determine the accuracy of the number of qualifying clients submitted by NAMI, or if an audit by COUNTY indicates that the number of clients served may be less than the minimum required for the Agreement period under Article III B, no future payment will be made until the full amount of overpayment is remitted to the COUNTY or a repayment agreement is accepted by the COUNTY. The overpayment will be calculated on a pro rata basis. If the monitoring or audit occurs after the term of this Agreement, NAMI will be NAM[ Collier County 01' 2021-004 State Mandated Services Page r Packet Pg. 1752 required to remit funds to the COUNTY in accordance with the repayment conditions below. NAMI agrees to return to the COUNTY any overpayments due to funds disallowed pursuant to the term of this Agreement and/or Local, State, or Federal requirements. NAMI will be required to reimburse the COUNTY for any acts of noncompliance resulting in disallowed costs or fines. 1.1 GRANT AND SPECIAL CONDITIONS A. NAMI further assures that all contractors, subcontractors, or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of statutes, regulations, guidelines, and standards. By acceptance of this funding, NAMI assures and certifies the following; That, if clients are to be transported under this Agreement, NAMI will comply with the provisions of Chapter 427, Florida Statutes, which requires the coordination of transportation of the disadvantaged. 2. That it will comply with Chapter 39.201, Florida Statutes, that any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare, as defined in this chapter, shall report such knowledge or suspicion to the Florida Abuse Hotline (1-800-962-2873). That it will comply with Chapter 415.1034, Florida Statutes, that any person who knows or has reasonable cause to suspect that a vulnerable and or disabled adult has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the Florida Abuse Hotline (1-800-962-2873). 4. That if personnel in programs under this Agreement work directly with children or youths and vulnerable or disabled adults, NAMI will comply with the provisions of Chapters 435.03 and 435.04, Florida Statutes, which requires employment screening. 5. That it will comply with Chapter 216.347, Florida Statutes, which prohibits the expenditure of Agreement funds for the purpose of lobbying the legislature, State, or County agencies. 6. That it will notify the COUNTY of any changes and/or additions from the Central Florida Behavioral Health Network on a quarterly basis. This notification must include a statement as to how this change in funding affects provision of service, as well as the use of and continued need for the COUNTY funds. NAMI Call ier County OF 2021-004 State Mandated Services Pau 2 Packet Pg. 1753 7. NAMI shall comply with requirements as defined in Section 504 of the Rehabilitation Act of 1973 (http://www.section508.gov/index.cfm?FuseAction=Content&ID=15) and the American Disability Act (ADA) (http://www.ada.gov) as implemented by 28 CFR Part 35 (htt://ecfr. oaccess. ov/c i/t/text/text- idx?c=ecfr&tp1=/ecfrbrowse/Title28/28cfr35_mainT02.tpl). A Single Point of Contact shall be required if NAMI employs fifteen (15) or more employees, The Single Point of Contact will ensure effective communication with deaf or hard of hearing customers or companions in accordance with Section 504 and the ADA, and coordinate activities and reports with NAMI's Single Point of Contact. 8. NAMI shall ensure that COUNTY funds are restricted to Collier County residents. Items 1-5 and 7-8 will be considered in compliance unless otherwise noted in the State of Florida Department of Children and Families and/or Central Florida Behavioral Health Care Center Annual Monitoring Report(s). B. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) The COUNTY, pursuant to the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a "covered entity" as the law defines that term. Any "personal health information" (PHI) as defined by the law, which COUNTY receives pursuant to this Agreement is subject to the disclosure and security requirements of HIPAA. Transfer of information to the COUNTY sufficiently "de -identified" to no longer be considered PHI is encouraged as being in the best interest of client PHI confidentiality, to the extent that client services are unaffected. Particular methods to accomplish the highest levels of client service coupled with PHI confidentiality shall be an on -going task of the effected staffs of the COUNTY and NAMI. C. DISASTER/EMERGENCY ASSISTANCE If needed, NAMI may be called upon to assist the COUNTY during a natural disaster or emergency. This includes the use of NAMI's facility to assist with Emergency Food Stamp preregistration if facility is operational and computer terminals are available. NAMI will be responsible to notify COUNTY immediately after a disaster declaration, if the location is accessible and operational and of any NAMI staff who are available to assist with recovery efforts. 1.2 PERFORMANCE DELIVERABLES NAMI Collier County GF 2021-004 State Mandated Services Packet Pg. 1754 A. CLIENTS SERVED NAMI will serve a minimum of [ 000 � Collier County residents/clients with at least Ill unit of service, as defined by F.A.C. 65E-14 during the Agreement period. B. PERFORMANCE DELIVERABLES Program Deliverable Supporting Documentation Submission Schedule Insurance Proof of coverage in t time of Acquisition and accordance with Exhibit A annually within 30 days after renewal Progress Report JExhibit C (Quarterly by 30" of the month following quarter end. Financial and Compliance udit, Management Letter, and nnually: nine (9) months after Audit Exhibit D; FY end for Single Audit OR one hundred eighty (180) days after FY end, if exempt Monitoring Reports IRepoits issued from other Within 30 days after receipt agencies I from monitoring agency I C. PAYMENT DELIVERABLES Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Submission of Exhibit B and C Submission of Mental Health Services quarterly invoices, due by 30th of the month following the quarter end. 1.3 PERIOD OF PERFORMANCE RECIPIENT services shall start on lOctober 1, 2020 land shall end on (September 30,20211, unless terminated as specified in Section 3.5 Defaults, Remedies, and Termination. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make availableI One Hundred and Forty Six Thousand Seven Hundred and Four dollars ($146,704�, for use by the RECIPIENT during the term of the Agreement (hereinafter, shall be referred to as the "Funds"). Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the NAMI Collier County GF 2021-004 State Mandated Services Page 4 Packet Pg. 7755 Agreement amount shall only be made with Board of County Commissioners (Board) approval. The COUNTY shall reimburse the RECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. RECIPIENT may not request disbursement of funds until funds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. RECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every quarter. Payments shall be made to the RECIPIENT, when requested as work progresses but not more frequently than once per quarter. Reimbursement will not occur if RECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the RECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to all applicable Local, State, or Federal requirements. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Community and Human Services, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Telephone:1(239) 252-22731 NAMI Collier County GF 2021-004 State Mandated Services Packet Pg. 1756 NAMI Collier County, Inc. ATTENTION: Pamela Balser, CEO NAMI Collier County 62116 Trail Blvd. Building C Naples, Florida 341081, Email: [ PBaker@nalnicollier.ord Telephone: 239-260-7300 RECIPIENT 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. Remainder of Page Intentionally Left Blank NAM] Collier County GF 2021-004 State Mandated Services Packet Pg. 1757 PART II CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, RECIPIENT shall make available all records, documentation, and any other data relating to all matters covered by the Agreement for review, inspection, or audit. Any deficiencies noted in audit reports must be fully cleared by the RECIPIENT within 30 days after receipt by the organization. Failure of RECIPIENT to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. RECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning RECIPIENT audits. 2.2 RECORDS AND DOCUMENTATION The RECIPIENT shall maintain sufficient records in accordance with Florida Statute, to determine compliance with the requirements of this Agreement, the DCF agreement, and all other applicable laws and regulations. This documentation shall include, but is not limited to, the following: A. All records required by Florida Statute, as directed by Central Florida Behavioral Health Network, Inc., in its contract with RECIPIENT. B. RECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. C. RECIPIENT shall make available to COUNTY at any time upon request by CHS, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the RECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, RECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for six (6) years after the date of submission of the final progress report, with the following exception: if any litigation, claim, or audit is started before the expiration date of NAM] Collier County GF 2021-004 State Mandated Services Packet Pg. 1758 the six (6) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If RECIPIENT ceases to exist after the closeout of this Agreement, the COUNTY shall be informed, in writing, of the address where the records are to be Dept. The RECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of the RECIPIENT upon termination of the Agreement, and destroy any duplicate exempt or confidential public records that are exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. IF THE RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, Mich ael.Cox(&,colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. RECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. RECIPIENT shall ensure that exempt or confidential public records that are exempt from public records disclosure requirements are not disclosed. 2.3 MONITORING During the term of this Agreement, RECIPIENT shall submit an annual audit monitoring report (Exhibit D) to the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for Recipients exempt from Single Audit), after RECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. RECIPIENT agrees that CHS may carry out no less than one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE RECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide for the proper and effective management of all Program and Fiscal activities of the Agreement. RECIPIENT's internal control systems and all transactions and other NAM[ Collier County GF 2021-004 State Mandated Services Packet Pg. 1759 significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. RECIPIENT shall provide COUNTY with complete access to all its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. RECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. RECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans. may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Recipients, Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's escalation policy for noncompliance is as follows: A. Initial noncompliance may result in Findings or Concerns being issued to the RECIPIENT and will require a corrective action plan be submitted to CHS within fifteen (15) calendar days, following issuance of the report. Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to RECIPIENT, as needed, in order to correct the noncompliance issue. B. If RECIPIENT fails to submit the corrective action plan in a timely manner, CHS may require a portion of the awarded grant amount be returned to the COUNTY. The COUNTY may require upwards of 5 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The RECIPIENT may be denied future consideration, as set forth in Resolution No. 2013-228. C. If RECIPIENT continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by CHS by certified mail of their substantial noncompliance, CHS may require a portion of the awarded amount be returned to the COUNTY. NAME Collier County GF 2021-004 State Mandated Services Packet Pg. �6:0:] The COUNTY may require upwards of 10 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The RECIPIENT will be in violation of Resolution No. 2013-228. D. If after repeated notification, RECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board to immediately terminate the Agreement. The RECIPIENT will be required to repay all funds disbursed by the COUNTY for the project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities, if applicable. • The RECIPIENT will be in violation of Resolution No. 2013-228. If RECIPIENT has multiple agreements with CHS and is found to be noncompliant, the above sanctions may be imposed across all awards, at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, RECIPIENT shall submit quarterly progress reports to the COUNTY on the 30th day of January, April, July, and October, respectively, for the prior quarter period end. Exhibit C contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee, if the Program changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Remainder of Page Intentionally Left Blank NAM[ Collier County OF 2021-004 State Mandated Services Packet Pg. 1761 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS Any work or services subcontracted by the RECIPIENT shall be by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. RECIPIENT shall submit such subcontracts to Collier County Community and Human Services Division (CHS) for its review and approval, prior to execution by RECIPIENT. None of the work or services covered by the Agreement, including but not limited to consultant work or services, shall be subcontracted by the RECIPIENT or reimbursed by the COUNTY, without prior written approval of the CHS Director or designee. 3.2 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The RECIPIENT shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance as RECIPIENT is an independent contractor. 3.3 AMENDMENTS The COUNTY or RECIPIENT may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or RECIPIENT from its obligations under this Agreement. The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or governmental guidelines, policies, available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both COUNTY and RECIPIENT. 3.4 INDEMNIFICATION To the maximum extent permitted by Florida law, RECIPIENT shall indemnify and hold harmless Collier County, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of RECIPIENT or any of its agents, officers, employees, contractors, patrons, guests, clients, NAM[ Collier County GP 2021-004 State Mandated Services Packet Pg. 1762 licensees, invitees, or any persons acting under the direction, control, or supervision of RECIPIENT, 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. The RECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. 3.5 DEFAULTS, REMEDIES, AND TERMINATION This Agreement may be terminated for convenience by either the COUNTY or RECIPIENT, in whole or in part, with a thirty (30) day written notice, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. The following actions or inactions by RECIPIENT shall constitute a Default under this Agreement: A. RECIPIENT's failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and State of Florida guidelines; policies, or directives as may become applicable at any time B. RECIPIENT's failure, for any reason, to fulfill in a timely and proper manner its obligations under this Agreement C. RECIPIENT"s ineffective or improper use of funds provided under this Agreement D. RECIPIENT' submission to the COUNTY of reports that are incorrect or incomplete in any material respect E. RECIPIENT's submission of any false certification F. RECIPIENT's failure to materially comply with any terms of this Agreement G. RECIPIENT's failure to materially comply with the terms of any other agreement between the COUNTY and RECIPIENT, relating to the project NAMI Collier County GF 2021-004 State Mandated Services Packet Pg. 1763 In the event of any default by RECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies; A. Require specific performance of the Agreement, in whole or in pail B. Require the use of or change in medical services provider C. Require RECIPIENT to immediately repay to the COUNTY all funds that RECIPIENT has received under this Agreement D. Apply sanctions, if determined by the COUNTY to be applicable E. Stop all payments, until identified deficiencies are corrected F. Terminate this Agreement, by giving written notice to RECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, RECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.6 INSURANCE RECIPIENT shall not commence any work and/or services pursuant to this Agreement, until all required insurance, as outlined in Exhibit A has been obtained. Said insurance shall be carried continuously during RECIPIENT's performance under the Agreement. 3.7 CIVIL RIGHTS COMPLIANCE The RECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. 3.8 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The RECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (1 S U.S.C. 632); and "minority and women's business enterprise" means a business at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed, or Spanish -heritage Americans, Asian -Americans, and American Indians. RECIPIENT may rely on written representations by businesses NAM[ Co[[ier County GP 2021-004 State Mandated Services Packet Pg. 1764 regarding their status as minority and women's business enterprises in lieu of an independent investigation. 3.9 CONFLICT OF INTEREST The RECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Program, has any personal financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services, required in this Agreement. RECIPIENT further agrees that no person having any conflict of interest shall be employed by or subcontracted by RECIPIENT. The RECIPIENT covenants that it will comply with all provisions of Florida Statute 287.057 and any additional State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. The RECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in pant by a covered person or an entity owned or controlled, in whole or in part, by RECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit RECIPIENT's ability to self -manage the projects using its own employees. 3.10 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. 3.11 ASSIGNMENT RECIPIENT shall not assign this Agreement or any part thereof, without the prior written consent of the COUNTY. Any attempt to assign or otherwise transfer this Agreement or any part herein, without the COUNTY's consent, shall be void. If RECIPIENT does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward RECIPIENT all the obligations and responsibilities that RECIPIENT has assumed toward the COUNTY. If an assignment of this Agreement is approved by the COUNTY, RECIPIENT shall be relieved of all obligations under this Agreement arising after any assignment. 3.12 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the RECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. NAM[ Collier County GP 2021-004 State Mandated Services Packet Pg. 17675 3.13 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Remainder of Page Intentionally Left Blank NAMI Collier County GF 2021-004 State Mandated Services pacre 15 4. Packet Pg. 1766 PART IV GENERAL PROVISIONS 4.1 PERMITS, LICENSES, TAXES: In compliance with Section 218.80, Florida Statues, all permits necessary for the performance of the Work shall be obtained by RECIPIENT. Payment for all such permits issued by the COUNTY shall be processed internally by the COUNTY. All non -COUNTY permits necessary for the performance of the Work shall be procured and paid for by RECIPIENT. The RECIPIENT shall also be solely responsible for payment of all taxes levied on the RECIPIENT. In addition, RECIPIENT 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 RECIPIENT agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by RECIPIENT. 4.2 NO IMPROPER USE: The RECIPIENT will not use, nor offer 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 RECIPIENT, or if the COUNTY or its authorized representative shall deem any conduct on the part of the RECIPIENT to be objectionable or improper, the COUNTY shall have the right to suspend the Agreement with the RECIPIENT. Should RECIPIENT 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 will continue until the violation is cured. The RECIPIENT further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the COUNTY. 4.3 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 111, Florida Statutes, Collier County Ethics Ordinance No. 2004-53, 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. 4.4 DRUG -FREE WORKPLACE: The RECIPIENT agrees that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). 4.5 IMMIGRATION LAW COMPLIANCE: By executing and entering into this Agreement, the RECIPIENT 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.C. 1324, et seq. and regulations relating thereto, as either may NAMI Collier County GF 2021-004 State Mandated Services Packet Pg. 1767 be amended. Failure by the RECIPIENT 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. https://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html 4.6 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. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of RECIPIENT 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. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE RECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www,flsenate.gov/Laws/Statutes/2012/44.102 4.7 ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Agreement documents, the terms of the Agreement shall take precedence over the terms of all other Agreement documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Agreement documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Agreement documents upon NAMI at the County's discretion. 4.8 VENUE: Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 4.9 EQUAL EMPLOYMENT OPPORTUNITY: Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246. https://www.dol.gov/agencies/ofccp/executive-order-1 1246/as-amended NAMI Collier County GF 2021-004 State Mandated services Packet Pg. 1768 4.10 RECORDS RETENTION: Florida Statutes 119,021 Records Retention http://www.lea.state.fl.us/Statutes/index.cfm?App_mode=Display Statute&URL=0100- 0 1 99/0119/Sections/0 119.02 1. html 4.11 CONTRACTS AND PUBLIC RECORDS: Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.071.html 4.12 CONVICTED VENDOR LIST: As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the RECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display_ Statute&Search_Strin g=&URL=0200-0299/0287/Sections/0287.133 .html 4.13 FALSE CLAIM: Criminal, or Civil Violation: RECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 4.14 POLITICAL ACTIVITIES PROHIBITED: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. Signature Page to Follow NAM] Collier County OF 2021-004 State Mandated Services Packet Pg. 1769 IN WITNESS WHEREOF, the NAMI and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KINZEL, CLERIC Dated: , Deputy Clerk (SEAL) Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney Date: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: BURT L. SAUNDERS, CHAIRMAN Date: NAMI of Collier County, Inc. By: Aa4lw& Pamela J. Bake CEO Date: 10/23/2020 NAM[ Collier County Gf 2021-004 State Mandated Services papa 19 Packet Pg. 1770 EXHIBIT A INSURANCE REQUIREMENTS The RECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiarni Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: I . Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the arnount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County trust be shown as an additional insured with respect to this coverage. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the RECIPIENT or the licensed design professional employed by the RECIPIENT, in an amount not less than $1,000,000 per occui-r•ence/$1,000,000 aggregate providing for all sums which the RECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the RECIPIENT or any person employed by the RECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the RECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the RECIPIENT. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the RECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: Workers' Compensation as required by Chapter 440, Florida Statutes. NAM1 Collier Cminty GF 2021.004 Q� State Mandated Services Packet Pg. 1771 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate, Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A, NAM[ Collier County GF 2021-004 State Mandated Services Pain 21 Packet Pg. 1 2 EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT RECIPIENT Name: INAMI Collier County, Inc. RECIPIENT Address: I I Project Name: INAMI State Mandated Mental Health Services Project No: I GF 2021-0041 Payment Request M I Total Payment Minus Retainage Period of Availability: I I through Period for which the Agency has incurred the indebtednessl Ithrough I SECTION II: STATUS OF FUNDS Recipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net of Retainage, if applicable) $ $ 4. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the RECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature I I Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) NAM[ Collier County GF 2021-004 State Mandated Services Pave ?7 Packet Pg. 1773 EXHIBIT C PROGRESS REPORT NAMI of Collier County, Inc. (NAMI) Performance Measures Fiscal Year (2020-2021) 1st 401 2nd 3rd 4th Quarter uaiter 10/1- Quarter Quarter Quarter Actual Total Number Performan, Performance Measures 12/31 1/1- 4/1- 7/1- to be served Goal 3/31 6/30 9/30 Annually Annually # of Collier County residents/clients. 2000 Percent of members who indicate that they would like a 85% referral on the Quality of Life Self -Assessment, will receive an appropriate referral for services based on a quarterly review Percent of members that complete the Quality of Life Self- 50% Assessment will rate their overall quality of life as fair or greater based on a quarterly review Signature & Date: NAMI Collier County GF 2021-004 �Vj State Mandated Services Pave 23 Packet Pg. 1774 EXHIBIT D ANNUAL AUDIT MONITORING REPORT A..The federal/state expenditure threshold for our fiscal year ending as indicated above. has been met, q ❑ and.a Single Audit as required by 2 CFR Part 200.Subpart F has been.completed or will be completed o by �. Copies of the audit report and management letter are attached or will be provided within 30 da s of completion. o B. We are not `subject. .to the requirements of OMB 2 CFR Part 200, Subpart.F because we: ❑ Did not exceed the -expenditure threshold for the fiscal .year indicated above ❑ ❑ . Area for profit organization Q- ❑ .` Are..: exempt. for other reasons — explait E An finaricial statement is attached and if applicable, the independent auditor's management .audited letter. a C-Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we a ❑ underhttps 7/www.eeoc.gov/eeoc/histoiy/35th/thelaw/irca.html stand that the '. audit report contains a CD CD, written response to the finding(s), we are requesting an updated status of the. corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes a details of the actions, procedures,policies; etc.`implemented and when it was or will be im lemented. a Certification Statement z I hereby certify drat the :above infojination is true and accurate. d .Signature Date E s Print Name and Title Q 06/ 18 NAMI Collier County CF 2021-004 State Mandated Services Packet Pg. 1 571