Agenda 11/14/2023 Item #16D10 (Low Income Pool Letter of Agreement for AHCA to participate in the Medicaid Cewntral Receiving FacilityLow Income Pool Program)11/14/2023
EXECUTIVE SUMMARY
Recommendation to approve and authorize the chairman to execute a Low Income Pool (LIP) Letter of
Agreement with the Agency for Health Care Administration (AHCA) in the amount of $568,000 to
participate in the Medicaid Central Receiving Facility Low Income Pool Program, and generating $785,000
in federal matching funds, and an annual State Mandated Match agreement with David Lawrence Center,
Inc., in the amount of $1,967,339 for FY24; and to ratify an ”after-the-fact” AHCA LIP Letter of Agreement
signed by the County Manager and authorize necessary Budget Amendments. (Fiscal Impact $2,535,339)
OBJECTIVE: To provide mental health and substance abuse services to the citizens of Collier County consistent
with Florida Statutes sections 394.76(9)(a) and (b).
CONSIDERATIONS:
State Mandated Agreement:
Florida Statutes section 394.76 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 participation shall be at least that amount which, when added to other available local matching funds, is
necessary to match state funds. Local match support for these services has been provided by the Coun ty for the last
eighteen (18) years. The total Department of Children and Families (DCF) required match obligation is $2,636,084
or an approximate increase of twenty-five percent (25%) over the prior year match requirement.
Pursuant to Statute Section 394.76(9) (a) and (b) 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 $1,967,339 to the David
Lawrence Center Mental Health Center, Inc. (DLC) through the FY 24 Agreement.
Collier County General Fund Collier County Opioid Settlement Total Funds
$1,467,339 $500,000 $1,967,339
Central Receiving Facility Low Income Pool Agreement:
The Agency for Health Care Administration (AHCA) is a State entity that provi des Medicaid services in Florida
and operates the Medicaid Low Income Pool (LIP) Program. The LIP Program leverages local funds to obtain
federal matching dollars. The County's participation in the LIP Program is outlined in the attached LIP Letter of
Agreement between Collier County and AHCA.
In recognition of the growing inpatient behavioral healthcare needs of Collier County residents, DLC mobilized a
15-bed expansion plan to the current DLC campus in October 2022. This expansion is an interim step towa rds the
development of a Central Receiving Facility (CRF) in partnership with Collier County, as the construction of the
CRF represents Priority #1 in the unanimously endorsed Collier County Mental Health and Addictions Strategic
Plan. Last fiscal year through Senator Passidomo and Representative Rommel’s support, DLC secured a State
Legislative Budget Request (LBR) supporting this expansion, which required a local match total of $568,675.
DLC through its efforts was able to secure their Central Receiving Facility funding through a regular appropriation.
This match obligation is being used to support a LIP Agreement with the Agency for Health Care Administration to
further support the Central Receiving Facility by generating an additional $785,000 back to DLC. The County’s
support of $568,675 may be used to offset the total local match obligation of $2,636,084.
AHCA requested that the County execute the LIP Letter of Agreement using DocuSign; therefore, staff is
requesting that the Board of County Commissioners (“Board”) ratify after the fact the County Manager to sign the
agreement.
David Lawrence Foundation for Mental Health LLC (DAVID LAWRENCE CENTER) desires and is qualified to
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administer the Central Receiving Facility LIP Program with AHCA using County ad valorem tax dollars. The
allocation of County and matching funds is as follows:
Collier County
General Fund LIP
IGT
Federal Matching Funds Provided
to DAVID LAWRENCE CENTER
as Program Administrator
Total Funds Benefiting
Low-Income Persons
$568,000 $785,000 $1,353,000
The David Lawrence Center will utilize the total funds under the LIP Program to provide additional mental
healthcare services for low-income individuals in Collier County through its central receiving facility.
To meet the DCF match obligation for FY 24, the County has compiled funds from multiple sources to achieve
ninety-six percent (96%) of the local obligation, it is important to note that the County has historically supported
the entire required match obligation without local support from other agencies or municipalities.
As shown in the table below is a five-year summary of funding to support the David Lawrence Center:
Funding Sources FY19 FY20 FY21 FY22 FY23 FY24
GF- County Funding 2,021,922$ 2,335,934$ 2,327,889$ 1,315,066$ 1,315,066$ 1,297,339$
GF- Recurring Support 188,904$ -$
GF-LBR Match Request 568,675$
GF- NAMI's LM portion (not
needed in FY24 170,000$
Subtotal 2,021,922$ 2,335,934$ 2,327,889$ 1,315,066$ 2,072,645$ 1,467,339$
Other County Supported
Funding Sources
GF- LIP IGT 568,000$
SLFRF Funding 458,335$ 1,833,340$ 1,833,340$ 1,374,985$
CHSI- FQHC 380,597$ 380,596$ 470,137$
Opioid Settlement Funding 500,000$
Subtotal 380,597$ 380,596$ 928,472$ 1,833,340$ 1,833,340$ 1,874,985$
Grand Total 2,402,519$ 2,716,530$ 3,256,361$ 3,148,406$ 3,905,985$ 3,910,324$
The County’s total contribution of $3,910,324 represents $1,467,339 of General Fund; $568,000 will be se nt to
AHCA for participation in the Low-Income Pool Program, SLFRF funding of $1,374,985 and $500,000 of Opioid
Settlement funding. DLC made attempts to secure local matches through requests to local municipalities,
philanthropic organizations, and hospitals and was unable to secure financial support, thus requiring the match to be
provided by the local government.
FISCAL IMPACT: Funding in the amount of $2,035,339 is available within Community & Human Services
(CHS) FY24 Community Mental Health & LIP Support Fund (0001), Cost Center 156010 for the County’s
contribution payment to the State of Florida Agency for Healthcare Administration and to meet the requirements of
local match set forth in Florida Statue 394 and 395. DLC will continue receiving SLFRF funding, Fund (1835),
Project 33765 in the amount of $1,374,985. The FY 24 budget includes $1,544,985 of non-recurring funding that
will create a shortfall in funding for FY 25. This estimated shortfall is due to a one -time use of NAMI’s allocation
and the end of SLFRF funding.
A budget amendment in the amount of $568,000 will be necessary to realign funding within the cost center for the
ACHA LIP IGT match.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this action.
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LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote
for Board approval. -DDP
RECOMMENDATION: To approve and authorize the chairman to execute a Low-Income Pool Agreement with
the Agency for Health Care Administration in the amount of $568,00 to participate in the Medicaid Central
Receiving Facility Low Income Pool Program, and generating $785,000 in federal matching funds upon arrival, and
an annual State Mandated Match agreement with David Lawrence Center, Inc., in the amount of $1,967,339 for
FY24; and to ratify an “after-the-fact” AHCA LIP Letter of Agreement signed by the County Manager and
authorize necessary Budget Amendments.(Fiscal Impact $2,535,339)
Prepared By: Kristi Sonntag, Director, Community and Human Services Division
ATTACHMENT(S)
1. SFY2023-2024 LIP LOA (PDF)
2. 1826460 FY24 DLC AgreementFINAL (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.10
Doc ID: 26986
Item Summary: Recommendation to approve and authorize the Chairman to execute a Low Income Pool (LIP)
Letter of Agreement with the Agency for Health Care Administration (AHCA) in the amount of $568,000 to
participate in the Medicaid Central Receiving Facility Low Income Pool Program, and generating $785,000 in
federal matching funds, and an annual State Mandated Match agreement with David Lawrence Center, Inc., in the
amount of $1,967,339 for FY24; and to ratify an ”after-the-fact” AHCA LIP Letter of Agreement signed by the
County Manager and authorize necessary Budget Amendments. (Fiscal Impact $2,535,339)
Meeting Date: 11/14/2023
Prepared by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
10/16/2023 11:20 AM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
10/16/2023 11:20 AM
Approved By:
Review:
Community & Human Services Kristi Sonntag CHS Review Completed 10/16/2023 11:21 AM
Operations & Veteran Services Jeff Weir OVS Director Review Completed 10/16/2023 12:05 PM
Public Services Department Todd Henry PSD Level 1 Reviewer Completed 10/18/2023 10:24 AM
Grants Erica Robinson Level 2 Grants Review Completed 10/20/2023 5:47 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 10/27/2023 2:22 PM
Public Services Department Tanya Williams PSD Department Head Review Completed 11/01/2023 11:29 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/01/2023 12:48 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/01/2023 1:28 PM
Grants Therese Stanley Additional Reviewer Completed 11/02/2023 9:32 AM
Office of Management and Budget Blanca Aquino Luque Additional Reviewer Completed 11/07/2023 10:23 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/08/2023 4:15 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 11/14/2023 9:00 AM
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AGREEMENT BETWEEN COLLIER COUNTY
AND
DAVID LAWRENCE MENTAL HEALTH CENTER, INC.
THIS AGREEMENT is made and entered into on this 14th Day of November 2023 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-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, (and collectively, the “Parties”).
WHEREAS, the 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.
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: DLC 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 in accordance with all exhibits hereto, as applicable.
1.0 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 the
COUNTY indicates that the number of clients served may be less than the minimum
required for the Agreement period under Pate I, Section 2.A, no future payment will be
made until the full amount of overpayment is remitted to the COUNTY or a repayment
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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 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 DLC will comply with section 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 DLC will comply with section 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 sections 435.03 and 435.04, Florida Statutes, which requires
employment screening.
5. That DLC will comply with section 216.347, Florida Statutes, which prohibits
the expenditure of Agreement funds for the purpose of lobbying the legislature,
State, or County agencies.
6. That DLC will notify the COUNTY of any changes and/or additions in funding
or match obligation from the Central Florida Behavioral Health Network on a
quarterly basis. This notification must include a statement as to how this change
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in funding affects 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 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.
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1.2 PERFORMANCE DELIVERABLES
A. CLIENTS SERVED
DLC will serve a minimum of 6500 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
accordance with Exhibit A
At time of agreement
execution and 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
agencies including but not
limited CFBHN, AHCA and
DCF
Within 30 days after receipt
from monitoring agency
C. PAYMENT DELIVERABLES
Payment Deliverable Payment Supporting Documentation Submission
Schedule
Project Component 1:
Mental Health and
Substance Use Services
Submission of Exhibit B and C Submission of
quarterly invoices,
due by 30th of the
month following the
quarter end.
1.3 PERIOD OF PERFORMANCE
RECIPIENT services shall start on October 1, 2023 and shall end on September 30, 2024,
unless terminated as specified in Part III, Section 3.5, Defaults, Remedies, and
Termination.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available One Million, Nine Hundred and Sixty Seven
Thousand, Three Hundred Thirty Nine Dollars and Zero Cents ($1,967,339.00)for use by
the RECIPIENT during the term of the Agreement (hereinafter, shall be referred to as the
“Funds”). As part of this allocation, $500,000 is for the Florida Opioid Settlement, and as
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such the David Lawrence Center shall comply with all terms of the settlement agreement
as set forth by the Florida Attorney General. The County is also providing $568,000 to the
Agency for HealthCare Administration to support the Central Receiving Facility. The
David Lawrence Center is expected to comply with all terms and conditions of the LIP
program.
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
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.
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COLLIER COUNTY
(COUNTY)
ATTENTION: Community and Human Services
Division Grant Coordinator
3339 Tamiami Trail, E, Suite 213
Naples, Florida 34112
Telephone: (239) 252-2773
DAVID LAWRENCE
CENTER (DLC)
ATTENTION: Scott Burgess, CEO
David Lawrence Mental Health Center, Inc.
6075 Bathey Lane
Naples, Florida 34116
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.
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.
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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
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 239-252-6832, Michael.Brownlee@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.
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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.
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.
1. Any pay requests that have been submitted to Collier County for payment will
be held until the corrective action plan has been submitted.
2. Collier County will be available to provide Technical Assistance (TA) to
RECIPIENT, as needed, in order to correct the noncompliance issue.
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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.
1. The COUNTY may require upwards of 5 percent of the award amount be returned
to the COUNTY, at the discretion of the Board.
2. 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.
1. The COUNTY may require upwards of 10 percent of the award amount be returned
to the COUNTY, at the discretion of the Board.
2. 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.
1. 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.
2. The RECIPIENT will be in violation of Resolution No. 2013-228.
E. 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
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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
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
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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.
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.
A. The following actions or inactions by RECIPIENT shall constitute a Default under
this Agreement:
1. 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.
2. RECIPIENT’s failure, for any reason, to fulfill in a timely and proper manner its
obligations under this Agreement.
3. RECIPIENT’s ineffective or improper use of funds provided under this Agreement.
4. RECIPIENT’s submission to the COUNTY of reports that are incorrect or
incomplete in any material respect.
5. RECIPIENT’s submission of any false certification.
6. RECIPIENT’s failure to materially comply with any terms of this Agreement.
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7. RECIPIENT’s failure to materially comply with the terms of any other agreement
between the COUNTY and RECIPIENT, relating to the project.
B. 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:
1. Require specific performance of the Agreement, in whole or in part.
2. Require the use of or change in medical services provider.
3. Require RECIPIENT to immediately repay to the COUNTY all funds that
RECIPIENT has received under this Agreement.
4. Apply sanctions, if determined by the COUNTY to be applicable.
5. Stop all payments, until identified deficiencies are corrected.
6. 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.
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For the purpose of this definition, “minority group members” include, but are not limited
to, Black Americans, Hispanic Americans, Native Americans, Indian tribes, Asian Pacific
Americans, Native Hawaiian Persons, and other minorities. 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
Statutes section 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.
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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
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
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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
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
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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 section 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 section 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 section 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 section 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
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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
______________________________
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: ___________________________________
RICK LOCASTRO, CHAIRMAN
Date: _____________________________
Dated:_________________________
(SEAL)
DAVID LAWRENCE MENTAL HEALTH
CENTER, INC.
By: ____________________________________
Scott Burgess, CEO
Date: ________________________________
Approved as to form and legality:
___________________________________
Derek D. Perry
Assistant County Attorney
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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
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EXHIBIT B
COLLIER COUNTY
SECTION I: REQUEST FOR PAYMENT
RECIPIENT Name: David Lawrence Center
RECIPIENT Address:
Project Name: Mental Health and Substance use
Project No: Payment Request #
Total Payment Minus Retainage
Period of Availability: 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
above)
Division Director (Approval Required
$15,000 and above)
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EXHIBIT C
PROGRESS REPORT
David Lawrence Center (DLC)
Performance Measures Fiscal Year 2023
Performance Measures
1st
Quarter
10/1-
12/31
2nd
Quarter
1/1-
3/31
3rd
Quarter
4/1-
6/30
4th
Quarter
7/1-
9/30
Total
Number to be
served
Annually
# of nonduplicated Collier
County residents/clients with
at least 1 unit of service
during the quarter.
6500
Signature & Date:
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