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Backup Documents 02/28/2023 Item #16D7
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPt TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU4E6 137 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Jeffrey Newman Public Services Department 2/3/23 2. Jeffrey A. Klatzkow County Attorney Office JAkfaV 7,43 4. BCC Office Board of County Commissioners kL171 AY Office 5. Minutes and Records Clerk of Court's .;j, 3 // ()_3 c7�.2)50-ir PRIMARY CONTACT INFORMATION L� Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jeffrey Newman,Manager—Financial Phone Number x-4027 Contact/ Dept'Anent Operations,Operations and Veterans 252-4027 Please Call for Pick-up Services Agenda Date Item was 2? Agenda Item Number Approved by the BCC 2/JA123 16D 7 Type of Document Mental Health Services:DLC&NAMI Number of Original Attached Documents Attached 2 PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature?STAMPED SIGNATURE IS OK 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed JN by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JN signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. N/A Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 2102023 (enter date)and all changes made during the meeting have been incorporated in the attached document. The JN County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made, and the document is ready for the 9A/0 Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 D7 MEMORANDUM Date: March 1, 20223 Cc: Jeffrey Newman, CHS Operations and Veterans Affairs From: Jennifer Hansen, Deputy Clerk Minutes & Records Department Re: Mental Health Services — DLC & NAMI Attached are two copies of the document as referenced above, (Item #16D7) approved by the Board of County Commissioners on Tuesday, February 28, 2023. Please forward a fully executed original to be kept as part of the Boards Official Records. If you have any questions, please contact me at 252-8399. Thank you. Attachment 16117 AGREEMENT BETWEEN COLLIER COUNTY AND DAVID LAWRENCE MENTAL HEALTH CENTER, INC. THIS AGREEMENT is made and entered into on this tie day of F (vat , 2023, by and between Collier County, a political subdivision of the State of Florida, (CO TY) 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-for-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 use 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, perform the tasks necessary to conduct the program as follows: Project Name: Substance Use and/or Mental Health Services Description of project and outcome:FDLC will provide mental health and substance use services 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 use 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 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 required for the Agreement period under Article IIIB,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. David Lawrence Center C ) State Mandated Services Page 11:,0 16 7 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 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 provision of service, as well as the use of and continued need for the COUNTY funds. David Lawrence Center CAor State Mandated Services Page 2 16D7 7. DLC shall comply with requirements as defined in Section 504 of the Rehabilitation Act of 1973 and the American Disability Act (ADA) as implemented by 28 CFR Part 35. 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. 8. 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. DISASTER/EMERGENCY 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. 1.2 PERFORMANCE DELIVERABLES A. CLIENTS SERVED David Lawrence Center C�►� State Mandated Services Page 1607 DLC will serve a minimum of 5700�nonduplicated 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 At time of Acquisition and accordance with Exhibit A annually within 30 days after renewal Progress Report Exhibit C Quarterly by 30th of the month following quarter end. 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 Use Services due by 30th of the month following the quarter end. 1.3 PERIOD OF PERFORMANCE RECIPIENT services shall start on October 1, 2022 jand shall end on September 30, 2023, unless terminated as specified in Section 3.5 Defaults, Remedies, and Termination. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available Two Million, Seventy-Two Thousand, Six Hundred and Forty-Five Dollars ($2,072,645) 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 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 David Lawrence Center State Mandated Services Page 4 ' i607 Collier County. 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 authorizing Collier County staff member. 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 Collier County for 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: Operations and Veteran Services Division, Financial Operations Manager 3339 Tamiami Trail, E, Suite 217 Naples, Florida 34112 Telephone: (239)252-40591 DAVID LAWRENCE CENTER ATTENTION: Scott Burgess, CEO David Lawrence Mental Health Center, Inc. 6075 Bathey Lant Naples, Florida 34116 Email:1 scottb@DLCenters.org Telephone: 239-455-8500 David Lawrence Center CAS State Mandated Services Page � 6D ? 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. 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 Collier County, 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. David Lawrence Center State Mandated Services Page 6 CEO 16D7 D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to Collier County, 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 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 239-252-8999, PublicRecordRequest(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 RECIPIENT agrees that Collier County may carry out 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 CAS State Mandated Services Page 7 16 07 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, Collier County has adopted an escalation policy to ensure continued compliance by Recipients, Subrecipients, Developers, or any entity receiving funds from Collier County. Collier County'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 Collier County within fifteen (15) calendar days, following issuance of the report. • Any pay requests that have been submitted to Collier County for payment will be held until the corrective action plan has been submitted. • Collier County 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, Collier County may require a portion of the awarded 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 Collier County by certified mail of their substantial noncompliance, Collier County may require a portion of the awarded amount be returned to the COUNTY. David Lawrence Center ((C ) State Mandated Services Page 8` 6U7 • 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, Collier County may recommend the Agreement or award be terminated. • Collier County 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 Collier County 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. 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 for its review and approval, prior to execution by David Lawrence Center C,�� State Mandated Services Page 9 6 D7 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 Operations and Veteran Services Division 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, 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. David Lawrence Center State Mandated Services Page 10 �o 6 D ? 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's 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 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 David Lawrence Center State Mandated Services Page 11 CZO E. Stop all payments, until identified deficiencies are corrected 1 6 ? 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 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 David Lawrence Center CNU) State Mandated Services Page 12 Statute 287.057 and any additional State and County statutes, regulations, ordinance, 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 COUNTY. 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. 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 David Lawrence Center Th State Mandated Services Page 13 �._�' 117 COUNTY. All non-COUNTY permits necessary for the performance of the Work Li 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 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 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. 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 David Lawrence Center t C:a State Mandated Services Page 14 i b tt 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. https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended 4.10 RECORDS RETENTION: Florida Statutes 119.021 Records Retention http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.021.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 David Lawrence Center State Mandated Services Page 15 _ _ I 6 07 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 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 State Mandated Services Page 16 16t7 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: BOARD OF COUNTY COMMISSIONERS OF CRYSTAL K. KINZEL, CLERK COLLIER FL RIDA •-ectAA-tr-c-idebtAtsm 4,c ' —.. By: Attest as to ChairmanqePutY Clerk 1RICK J. LOCASTRO, CHAIN sk(.n tune only. Date: 2/ZB/20Z3 / �DAVID LAWRENCE MENTAL HEALTH Dated: 6 3! ©< 2023 CENTER, INC. (S AL) '� By:Scott Burgess, CEO Date: Approv.:�� ,rm and legality: Jeffrey ' K :tzkow, County Attorney David Lawrence Center State Mandated Services Page 17 16 7 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: BOARD OF COUNTY COMMISSIONERS OF CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: , Deputy Clerk RICK J. LOCASTRO,CHAIR Date: DAVID LAWRENCE MENTAL HEALTH Dated: CENTER, INC. (SEAL) By: Sco urgess, EO Date: / kl 4 '21 Approv.:44,g1,rm and legality: Jeffrey ` K :tzkow, County Attorney / C.AO) David Lawrence Center State Mandated Services Page 17 b07 EXHIBIT A INSURANCE REQUIREMENTS The RECIPIENT shall furnish to Collier County, c/o Operations and Veteran Services Division, Contract Administration Specialist 2385 Orange Blossom Drive Naples, Florida 34109, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. i. Employer Liability- $100,000 3. Commercial General Liability, 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. 4. 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. 5. Professional Liability Insurance $1,000,000 per claim and $3,000,000 annual aggregate David Lawrence Center AO) State Mandated Services Page 18 EXHIBIT B COLLIER COUNTY t 6 117 SECTION I: REQUEST FOR PAYMENT RECIPIENT Name: David Lawrence Center RECIPIENT Address: I Project Name: Mental Health and Substance use Project No:I Payment Request Total Payment Minus Retainage Period of Availability: J through Period for which the Agency has incurred the indebtedness) (through SECTION II: STATUS OF FUNDS Recipient Collier County Approved 1. Contract Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request(Net of Retainage, if $ $ applicable) 4. Current Balance (Initial 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 requirements have been followed. Signature Date Title Authorizing Signatory Authorizing Collier County Staff Member Supervisor(Approval required $15,000 and Division Director(Approval Required above) $15,000 and above) David Lawrence Center State Mandated Services Page 19 EXHIBIT C 1 6 07 PROGRESS REPORT David Lawrence Center(DLC) Performance Measures Fiscal Year 2023 1st Quarter 2nd 3rd 4th Total Number to Performance Measures 10/1- Quarter Quarter Quarter 12/31 1/1-3/31 4/1-6/30 7/1-9/30 be served Annually # of nonduplicated Collier County residents/clients with at least 1 unit of service 5700 during the quarter. Signature&Date: David Lawrence Center State Mandated Services Page 20 Agreement Between Collier County and 16 D 7 A NAMI Collier County, Inc. THIS AGREEMENT is made and entered into on this 18 4 day of Fs , 2023, by and between Collier County, a political subdivision of the State of Florida (CO Y), having its principal address as 3339 E. Tamiami Trail, Naples, FL 34112, and NAMI Collier County, Inc. (RECIPIENT or NAMI), a private not-for-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 6216 Trail Blvd. Building C Naples, FL 34108. 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, 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 IIIB, 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 NAMI Collier County State Mandated Services Page 1 CA"I toQ7 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 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: 1. 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). 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, 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 Collier County State Mandated Services Page 2 �C'�0 t6t7 7. NAMI shall comply with requirements as defined in Section 504 of the Rehabilitation Act of 1973 and the American Disability Act (ADA) as implemented by 28 CFR Part 35. 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 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 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 A. CLIENTS SERVED NAMI Collier County State Mandated Services Page 3 \CA.01 I, 6 G7 NAMI will serve a minimum of 2,000 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 At time of Acquisition and accordance with Exhibit A annually within 30 days after renewall Progress Report lExhibit C Quarterly by 30th of the month following quarter end. 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 Services quarterly invoices, due by 30th of the month following the quarter end. 1.3 PERIOD OF PERFORMANCE RECIPIENT services shall start on October 1, 2022 and shall end on September 30, 2023 unless terminated as specified in Section 3.5 Defaults, Remedies, and Termination. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available One Hundred Forty-Six Thousand, and Seven Hundred Dollars ($146,700) 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 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 Collier County. RECIPIENT may not request disbursement of funds until funds are needed NAMI Collier County State Mandated Services Page 4 CAO t6 07 for eligible costs, and all disbursement requests must be limited to the amount neededat 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 Collier County. 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 Collier County for 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: Operations and Veteran Services Division, Financial Operations Manager 3339 Tamiami Trail E, Suite 217 Naples, Florida 34112 Telephone:1(239)252-4021 NAMI Collier County, Inc. ATTENTION: Beth Hatch, CEO NAMI Collier County 3050 Horseshoe Dr. N. Suite 168 Naples, Florida 341041 Email: BHatch@namicollier.org1 Telephone: 239-260-7300 NAM1 Collier County State Mandated Services Page 5 CAS I 7 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. 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 Collier County, 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 Collier NAMI Collier County State Mandated Services Page 6 County, 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 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 239-252-8999, PublicRecordRequest(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 RECIPIENT agrees that Collier County may carry out 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 significant events shall be clearly documented,and the documentation shall be readily available for monitoring by COUNTY. NAMI Collier County State Mandated Services Page 7 C,N° I 07 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, Collier County has adopted an escalation policy to ensure continued compliance by Recipients, Subrecipients, Developers, or any entity receiving funds from Collier County. Collier County'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 Collier County within fifteen (15) calendar days, following issuance of the report. • Any pay requests that have been submitted to Collier County for payment will be held until the corrective action plan has been submitted. • Collier County 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, Collier County may require a portion of the awarded 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 Collier County by certified mail of their substantial noncompliance, Collier County may require a portion of the awarded amount be returned to the COUNTY. • The COUNTY may require upwards of 10 percent of the award amount be returned to the COUNTY, at the discretion of the Board. NAMI Collier County State Mandated Services Page 8V • The RECIPIENT will be in violation of Resolution No. 2013-228. D. If after repeated notification, RECIPIENT continues to be substantially noncompliant, Collier County may recommend the Agreement or award be terminated. • Collier County 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 Collier County 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. 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 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 NAMI Collier County State Mandated Services Page 9 `C11/4-3e • reimbursed by the COUNTY,without prior written approval of the Operations and Veteran Services Division 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, 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. NAMI Collier County State Mandated Services Page 10 CO 60? The foregoing indemnification shall not constitute a waiver of sovereign immunity beyon. 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's 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 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 NAMI Collier County State Mandated Services Page I I CPS)) I 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 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 NAMI Collier County � State Mandated Services Page 12 C1' 16 0? 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 COUNTY. 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 hereof 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 NAMI Collier County State Mandated Services Page 13 C��1 16 07 • 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 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 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. 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 NAMI Collier County State Mandated Services Page I A CAD 1607 Ito 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-11246/as-amended 4.10 RECORDS RETENTION: Florida Statutes 119.021 Records Retention http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.021.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 NAMI Collier County OCAO State Mandated Services Page 1 1 6 a 7 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 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. REMAINDER OF PAGE INTENTIALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW NAMI Collier County State Mandated Services Page 164:1 6 07 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: BOARD OF COUNTY COMMISSIONERS OF CRYSTAL K. KINZEL, CLERK COLLIER , FLORIDA 4,et,4livdC By: Att:±s:a o ChaifinanVeputy Clerk Rick LoCastro, Chair signature only.. Date: NAMI of Collier County Dated: 03 /U/ ZU,2„3 (S AL) By: Beth Hatch, CEO Date: Approve as o o` al. -t ality: Jeffrey 17 a kow, County Attorney NAMI Collier County o� State Mandated Services Page 1�J' 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: BOARD OF COUNTY COMMISSIONERS OF CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: , Deputy Clerk Rick LoCastro, Chair Date: NAMI of Ilier Coudc _i._— Beth Dated: (SEAL) By: Hatch,CEO Date: I _c2 1 X 3 Approve, as o a!s •!ality: i Jeffrey a kow, County Attorney NAMI Collier County ( fit g r State Mandated Services Pa a I}C�'�' am'. 6 B 7 .; EXHIBIT A INSURANCE REQUIREMENTS The RECIPIENT shall furnish to Collier County, c/o Operations and Veteran Services Division, Contract Administration Specialist 2385 Orange Blossom Drive Naples, Florida 34109, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. i. Employer Liability - $100,000 3. 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. 4. 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. 5. Professional Liability Insurance- $1,000,000 per occurrence with a$3,000,000 aggregate NAMI Collier County State Mandated Services Page I C� EXHIBIT B 1 6 a 7 COLLIER COUNTY SECTION I: REQUEST FOR PAYMENT RECIPIENT Name: NAMI Collier County RECIPIENT Address: Project Name: NAMI State Mandated Mental Health Services Project No: Payment Request# Total Payment Minus Retainage Period of Availability: through Period for which the Agency has incurred the indebtedness ithrough SECTION II: STATUS OF FUNDS Recipient Collier County Approved 1. Contract Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request(Net of Retainage, if $ $ applicable) 4. Current Balance (Initial Contract 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 requirements have been followed. Signature Date Title Authorizing Signatory Authorizing Collier County Staff Member Supervisor(Approval required $15,000 and Division Director(Approval Required above) $15,000 and above) NAMI Collier County CPOState Mandated Services Page 1 • EXHIBIT C �� PROGRESS REPORT 07 NAMI of Collier County(NAMI) Performance Measures Fiscal Year 2023 1st Quarter 2nd 3rd 4th Performance Measures 10/1- Quarter Quarter Quarter Total Number to be served 12/31 1/1-3/31 4/1-6/30 7/1-9/30 Annually # of Collier County 2000 residents/clients. Signature&Date: NAMI Collier County �t State Mandated Services Page 20 €.%,?)