Agenda 06/11/2024 Item #16D 6 (Chairman to sign Amendment Two between David Lawrence Mental Health Center Inc., and Collier County)06/11/2024
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign Amendment Two between David Lawrence
Mental Health Center, Inc., and Collier County to reallocate funding between Components One and Four to
maximize funds spending for the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant
Agreement (LH823). (Housing Grant Fund 1835)
OBJECTIVE: To allow for continued implementation of a comprehensive Medication-Assisted Treatment (MAT)
Program for individuals in and exiting the Collier County jail system, and to support the County's strategic
objectives of promoting access to health, wellness, and human services.
CONSIDERATIONS: On March 23, 2021, Agenda Item #16.D.10, the Board of County Commissioners (Board)
approved the submittal of an “After-the-Fact” grant application to the Florida Department of Children and Family
Services (DCF) for a 3-year Criminal Justice, Mental Health, and Substance Abuse (CJMHSA) Reinvestment grant.
The grant shall implement the Collier County MAT Program for inmates in the Collier County jail who are
transitioning into the community. Services shall include but are not limited to: MAT administration and
maintenance, medications, case management, peer support and recovery coaching, treatment linkage and referrals,
and other supportive services.
On June 22, 2021, Agenda Item #16.D.16, the Board accepted the notification of award from DCF in the amount of
$1,200,000 and authorized the County Manager to sign the agreement. On October 12, 2021, Agenda Item #
16.D.1, the Board approved the sub-recipient agreement between Collier County and the David Lawrence Center
(DLC) for the CJMHSA grant program.
On April 23, 2024, Agenda Item #16.D.6, the Board approved the First Amendment to update the total award
amount, reducing funding amounts for Components One, Two, Four, and match, as well as clarify language.
To fully expend all funds, it is necessary for the County to amend the agreement with the David Lawrence Center.
DLC will be reducing Project Component One: Salaries from $130,438.88 to $99,833.16 and increasing Project
Component Four : Other from $15,849.12 to $46,454.84, which nets to zero to permit increased spending to support
the reimbursement of gasoline, provide medications for inmates released to the community, provide rental
assistance to support transitional housing, and bus passes to allow participants access to employment and services.
FISCAL IMPACT: The recommended actions described in this Executive Summary have no new Fiscal impact.
The funding source for the grant award is the Criminal Justice Mental Health Substance Abuse Reinvestment Grant.
The David Lawrence Mental Health Center Inc. is budgeted within Housing Grant Fund (1835), Project 33766.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item.
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 sign Amendment Two between David
Lawrence Mental Health Center, Inc., and Collier County to reallocate funding between Components One and Four
to maximize funds spending for the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant
Agreement.
Prepared By: Carolyn Noble, Grants Coordinator, Community & Human Services Division
ATTACHMENT(S)
1. EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (PDF)
2. EXECUTED DLC Amendment #1 (PDF)
16.D.6
Packet Pg. 1558
06/11/2024
3. DLC CJHMSA Amend #2 COA Stamped SR signed (PDF)
16.D.6
Packet Pg. 1559
06/11/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.6
Doc ID: 28881
Item Summary: Recommendation to approve and authorize the Chairman to sign Amendment Two between
David Lawrence Mental Health Center, Inc., and Collier County to reallocate funding for the Criminal Justice,
Mental Health, and Substance Abuse Reinvestment Grant Agreement (LH823). (Housing Grant Fund 1835)
Meeting Date: 06/11/2024
Prepared by:
Title: – Community & Human Services
Name: Carolyn Noble
05/08/2024 5:09 PM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
05/08/2024 5:09 PM
Approved By:
Review:
Community & Human Services Donald Luciano Other Reviewer Completed 05/10/2024 10:16 AM
Community & Human Services Kristi Sonntag CHS Review Completed 05/10/2024 11:41 AM
Community & Human Services Tami Bailey Other Reviewer Completed 05/10/2024 12:38 PM
Operations & Veteran Services Jeff Weir OVS Director Review Completed 05/20/2024 10:46 AM
Public Services Department Todd Henry Level 1 Department Review Completed 05/22/2024 2:57 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 05/28/2024 5:03 PM
Grants Erica Robinson Level 2 Grants Review Completed 05/29/2024 4:26 PM
Public Services Department Geoffrey Willig PSD Department Head Review Skipped 05/30/2024 10:43 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/30/2024 10:55 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/31/2024 8:02 AM
Office of Management and Budget Blanca Aquino Luque OMB Reviewer Completed 05/31/2024 4:40 PM
Grants Therese Stanley OMB Reviewer Completed 06/01/2024 4:08 PM
Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed
06/01/2024 7:09 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 06/04/2024 12:42 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/11/2024 9:00 AM
16.D.6
Packet Pg. 1560
Award Date 06/02/2021
State Award Agency Florida Department
of Children and
Families
Total Amount of $261,466.60
Funds Awarded
Subrecipient Name David Lawrence
Mental Health
Center, Inc.
DUNS# 096580782
FEIN# 59-2206025
Period of 10/1/2021 -9/30/2024
Performance
Fiscal Year End 6/30
Monitor End Date 12/2024
AGREEMENT BETWEEN COLLIER COUNTY
AND
DAVID LAWRENCE MENTAL HEALTH CENTER, INC. (DLC)
Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant (CJMHSA)
. 1~
TIDS AGREEMENT is made and entered into this \ o} day of
De--\-· , 2021, 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. (SUBRECIPIENT), authorized to do business under
the laws of the State of Florida, having its principal office at 6075 Bathey Lane, Naples, Florida
34116.
WHEREAS, the Board of County Commissioners of Collier County (Board), on June 22,
2021 -Agenda Item 16.D.16, accepted an award from the Florida Department of Children and
Families (DCF) for execution and implementation of a Criminal Justice Mental Health Substance
Abuse Reinvestment Grant (CJMHSA); and
WHEREAS, the COUNTY and SUBRECIPIENT desire to provide the activities specified
in this Agreement; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings of the CJMHSA Program as a valid and worthwhile COUNTY purpose.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree as follows:
David Lawrence Mental Health Center, Inc.
Criminal Justice MAT Program
CJMHSA21-01
Page 1 of 48
16.D.6.a
Packet Pg. 1561 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28881 : DLC CJMHSA Amendment #2)
PART!
SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing CJHMSA funds, as determined by Collier County Community
and Human Service (CHS), perform the tasks necessary to conduct the program as follows:
Project Name: Collier Criminal Justice MAT Program.
Project Description: This is a three-year Grant Agreement, pursuant to the authority under Section
394.656, Florida Statutes. SUBRECIPIENT shall implement the Collier Criminal Justice
Medication-Assisted Treatment (MAT) Program for inmates in the Collier County jail who are
transitioning into the community. Services shall include but are not limited to: MAT administration
and maintenance, medications, case management, peer support and recovery coaching, treatment
linkage and referrals, and other supportive services.
Project Component One: Salary for one (1.0 FTE) Care Coordinator and partial salary for one (0.5
FTE) Peer Specialist
Project Component Two: Equipment, including laptops for program staff
Project Component Three: Project Evaluation
Project Component Four: Other costs, including: medications, transportation expenses, and
transitional housing costs for clients
Detailed Scope of Work and Major Objectives are contained in Exhibit B.
SUBRECIPIENT shall provide services in accordance with the terms and conditions of Criminal
Justice, Mental Health, and Substance Abuse Reinvestment Grant Application (CJMHSA) and
SUBRECIPIENT's proposal referred to herein and made an integral part of this Agreement. This
Agreement contains the entire understanding between the paities and any modifications to this
Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the
COUNTY'S and DCF's procedures in effect at the time such services are authorized.
The SUBRECIPIENT shall perform all tasks and provide units of deliverables, including reports,
findings, and drafts, as specified in this Agreement. These deliverables must be received and
accepted by the Grant Coordinator in conjunction with the pay requests, subject to audit and review
and to the satisfaction of the COUNTY. The COUNTY'S determination of acceptance shall be
conclusive. The COUNTY's receipt of repmts and other submissions by SUBRECIPIENT does
not constitute acceptance thereof.
David Lawrence Mental Health Center, Inc.
Criminal Justice MAT Program
CJMHSA21-0l
Page 2 of 48
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Packet Pg. 1562 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28881 : DLC CJMHSA Amendment #2)
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this Agreement, SUBRECIPIENT
must deliver to CHS for approval a detailed project schedule for the completion of the
project.
B. The following resolutions and policies must be delivered by the SUBRECIPIENT
within sixty (60) days, except as stated:
IZ! Affirmative Action/ Equal Opportunity Policy
IZ! Conflict of Interest Policy
IZ! Procurement Policy
IZ! Sexual Harassment Policy
D Section 3 Policy
IZ! Section 504/ADA and CFOP 60-10, Chapter 4 Policy, due in 30 days
IZ! Fraud, Waste, and Abuse Policy
IZ! Language Assistance and Planning Policy (LAP)
IZ! Violence Against Women Act (VA WA)
IZ! Equal Access for Transgender Persons Policy (LGBTQ Policy)
IZ! Personally Identifiable Information (PII) Policy
Annual Subrecipient Training -All SUBRECIPIENT staff assigned to the
administration and implementation of the Project established by this Agreement shall
attend the CHS-sponsored Annual Subrecipient Fair Housing training, except those
who attended the training in the previous year. In addition, at least one staff member
shall attend all other CHS-offered Subrecipient training, relevant to the Project, as
determined by the Grants Coordinator, not to exceed four ( 4) sessions. Requests for
exemption, under this special condition, must be submitted to the Grant Coordinator,
in writing, at least 14 days, prior to the training .
1.2 PROJECT DETAILS
A. Project Description/Budget
Activity
Project Component One: Salaries
Project Component Two: Equipment
Project Component Three: Project Evaluation
Project Component Four: Other
Match Funds
Grand Total:
David Lawrence Mental Health Center, Inc .
Criminal Justice MAT Program
CJMHSA21-01
Page 3 of 48
DCFBudget Match Liability
Amount
$154,568.60 $259,738.00
$ 1,000.00 $0.00
$ 12,500.00 $0 .00
$ 93,398.00 $0.00
$259,738.00 Subrecipient
Required Match
$521,204.60 $259,738.00
16.D.6.a
Packet Pg. 1563 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28881 : DLC CJMHSA Amendment #2)
The SUBRECIPIENT will accomplish the following project tasks:
Project Tasks (Refer to Exhibit C for more detail regarding Project Tasks .)
~ Appoint and train necessary staff for program implementation
~ Provide Medication-Assisted Treatment and other supportive services to program
participants
~ Submit Quarterly Program Services Reports
~ Submit Annual Financial Reports
~ Ensure participation by necessary staff in Public Safety Coordinating Council
meetings, annually at minimum
~ Ensure attendance by representatives from treatment and executive management at
scheduled partnership meetings, as requested by CHS
~ Participate in annual evaluations conducted by contracted evaluators from Florida
Gulf Coast University
B. Performance Measures:
Performance Measures are set forth in Exhibit E. By execution of this Agreement,
SUBRECIPIENT acknowledges and agrees that its performance under the Agreement ·
must meet the minimum performance measures and that it will be bound by the
conditions set forth therein. If SUBRECIPIENT fails to meet these standards,
COUNTY, at its exclusive option may allow a reasonable period, not to exceed two
quarters, for SUBRECIPIENT to correct performance deficiencies. If performance
deficiencies are not resolved, COUNTY, at its discretion may terminate the Agreement
and request repayment of any or all payments made prior.
C. Performance Deliverables
The Following Table Details the Project Deliverables
Rep01i/Deliverable Name Supporting Document Due Date
Monthly Payment Request
Match
Quarterly Program Services
Report
David Lawrence Mental Health Center, Inc.
Criminal Justice MAT Program
CJMHSA2 I -O I
As detailed in Exhibit F and
G
Match Documentation,
Exhibit G-1
Quarterly Service Rep011
Page 4 of 48
Monthly submission; Pay
requests for the month shall
be submitted no later than 25
days after the month end
Monthly submission; Pay
requests for the month shall
be submitted no later than 25
days after the month end
1 oth day following the end of
the quarter
16.D.6.a
Packet Pg. 1564 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28881 : DLC CJMHSA Amendment #2)
Annual Financial Report
Final Program Report
Incident Report
Employment Screening
Certification
Security Awareness Training
Insurance
Favorable Conditions
Annual Audit Monitoring
Report
Financial and Compliance
Audit
Disaster Plan
Deaf and Hard-of-Hearing
Conflict oflnterest
Civil Rights Compliance
Checklist
Inventory and Scrutinized
Company Affidavit
D. Payment Deliverables
Payment Deliverable
Project Comgonent One:
Funding costs include but are
not limited to: Salary costs
for one (1.0 FTE) Care
Coordinator and partial
salary for one (0.5 FTE)
Peer Specialist
David Lawrence Mental Health Center, Inc .
Criminal Justice MAT Program
CJMHSA2 l -O I
Annual Financial Report 30 days following the end of
each Program Year
Final Program Report 30 days following the ending
Template date of the Agreement
Incident Report Per Occurrence
Certification for each October 31 and per
employee working on Grant occurrence for each new hire
Certificate for those staff At Agreement execution and
entering data into the State annually thereafter
System
Insurance Certificate / At Agreement execution and
Declaration, Exhibit A within 30 days of expiration
Attestation Forms October 31 and annually
thereafter
Exhibit H Annually within 60 days after
end of fiscal year
Audit, Management Letter, Annually 9 months after FY
and Supporting end for Single Audit OR 180
Documentation days after FY end
Plan Within 30 days of Agreement
execution and within 30 days
of any changes to plan
Single Point-of-Contact and 1 oth day following the end of
ADA Report the quarter
CHS Conflict oflnterest Within 30 days of hire for
Form each new employee working
on grant
Civil Rights Compliance Annually
Checklist
Inventory and Scrutinized Annually
Company Affidavit
Payment Supporting Submission Schedule
Documentation
Submission of monthly invoices Monthly submission; Pay
and backup as evidence by requests for the month
invoice, timesheets/payroll shall be submitted no later
registers, check stubs, banking than 25 days after the
documents, Exhibit B, and any month end
additional documentation as
requested.
Page 5 of 48
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Packet Pg. 1565 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28881 : DLC CJMHSA Amendment #2)
Project Comgonent Two: Submission of monthly invoices Monthly submission; Pay
Equipment, including laptops and supporting documents, as requests for the month
for program staff evidenced by procurement shall be submitted no later
documentation, invoices, check than 25 days after the
stubs, bank statements, and any month end
other additional documentation as
requested.
Project Comgonent Three: Submission of monthly invoices Monthly submission; Pay
Project Evaluation and supporting documents, as requests for the month
evidenced by sub-contract (first shall be submitted no later
pay request), invoices, check than 25 days after the
stubs, bank statements, and any month end
other additional documentation as
requested.
Project Comgonent Four: Submission of monthly invoices Monthly submission; Pay
Other costs, including: and supporting documents, as requests for the month
medications, transportation evidenced by vendor contract (as shall be submitted no later
expenses, and transitional applicable), invoices, check than 25 days after the .
housing costs for clients stubs, bank statements, and any month end
other additional documentation as
requested.
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT's services shall begin on October 1, 2021 and end on September 30,
2024. The term of this Agreement and the provisions herein may be extended by
amendment to cover any additional period during which the SUBRECIPIENT remains in
control of CJMHSA funds.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available TWO HUNDRED AND SIXTY-ONE
THOUSAND, FOUR HUNDRED AND SIXTY-SIX DOLLARS AND SIXTY CENTS
($261,466.60) for use by the SUBRECIPIENT, during the Term 9f the Agreement
(hereinafter, shall be referred to as the "Funds").
Modifications to the "Budget and Scope" may only be made if approved in advance, by the
COUNTY. Budgeted fund shifts between cost categories and activities shall not be more
than 10 percent of the total funding amount and no amount to a change in scope. Fund
shifts that exceed 10 percent between project components shall only be made with Collier
County Board of Commissioners (Board) approval.
David Lawrence Mental Health Center, Inc.
Criminal Justice MAT Program
CJMHSA21-01
Page 6 of 48
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Packet Pg. 1566 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28881 : DLC CJMHSA Amendment #2)
Match is required for CJMHSA funds. SUBRECIPIENT is required to provide match funds
throughout a fiscal year . Contributions that have or will be counted as satisfying a matching
requirement of another grant or award may not count as satisfying the matching
contribution for this Program.
The COUNTY shall reimburse the SUBRECIPIENT for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and
approved by CHS . SUBRECIPIENT may not request disbursement of CJMHSA funds
until funds are needed for the payment of eligible costs, and all disbursement requests must
be limited to the amount needed at the time of the request. However, invoices for work
perfmmed are required every month. SUBRECIPIENT may expend funds only for
allowable costs resulting from obligations incurred during the term of this Agreement. If
no work has been performed during a month, or if the SUB RECIPIENT is not yet prepared
to send the required backup, a $0 invoice is required . Explanations will be required if two
consecutive months of $0 invoices are submitted. Payments shall be made to the
SUBRECIPIENT when requested as work progresses, but not more frequently than once
per month. Reimbursement will not occur if SUB RECIPIENT fails to perf01m the minimum
level of service required by this Agreement.
Final invoices are due no later than 30 days after the end of the Agreement. Work
performed during the term of the program but not invoiced within 30 days without written
authorization from the Grant Coordinator will not be reimbursed. The County Manager or
designee may extend the term of this Agreement for a period of up to 180 days. The
extension must be authorized prior to the expiration of the Agreement. The extension must
be authorized in writing by formal letter to the SUBRECIPIENT. No payment will be made
until approved by CHS for grant compliance and adherence to any and all applicable local,
state, or Federal requirements. Except where disputed for noncompliance, payment will be
made upon receipt of a properly completed invoice and supporting documentation in
compliance with Ch. 218, Part VII, 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, or 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
David Lawrence Mental Health Center, Inc.
Criminal Justice MAT Program
CJMHSA2 l -O I
ATTENTION: Catherine Sherman, Grant Coordinator
Collier County Government Center
Community and Human Services Division
3339 E. Tamiami Tr"ail, Suite 211
Naples, FL 34112
Email: Catherine. Sherman@col l iercountyfl. gov
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Packet Pg. 1567 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28881 : DLC CJMHSA Amendment #2)
SUB RECIPIENT
David Lawrence Mental Health Center, Inc.
Criminal Justice MAT Program
CJMHSA21-01
Phone: 239-252-1425
ATTENTION: Scott Burgess, President and CEO
David Lawrence Mental Health Center, Inc.
6075 Bathey Lane
Naples, Florida 34116
Email: scottb@DLCenters.org
Phone: 239-354-1424
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Packet Pg. 1568 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28881 : DLC CJMHSA Amendment #2)
PART II
GRANT 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, SUBRECIPIENT shall make available for review,
inspection, or audit, all records, documentation, and any other data relating to all matters
covered by the Agreement.
SUBRECIPIENT must clear any deficiencies noted in audit reports within 30 days after
receipt. SUBRECIPIENT's failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future
payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted
in accordance with current COUNTY policy concerning SUBRECIPIENT audits.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records in accordance with Chapter 119,
Florida Statutes and all other applicable laws and regulations. This documentation shall
include, but not be limited to, the following:
A. All records required by CJMHSA regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and
necessarily would be required by COUNTY in order to perform the service.
C. All repo1ts, plans, surveys, information, documents, maps, books, records, and
other data procedures developed, prepared, assembled, or completed by the
SUBRECIPIENT for the purpose of this Agreement shall be made available to the
COUNTY at any time upon request by the COUNTY or CHS, pursuant to 45 Code
of Federal Regulations (CFR) 92.36(i)(l 0). Materials identified in the previous
sentence shall be in accordance with generally accepted accounting principles
(GAAP), procedures, and practices, which sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by this
Agreement. These records shall be maintained to the extent of such detail as will
properly reflect all net costs, direct and indirect labor, materials, equipment,
supplies and services, and other costs and expenses of whatever nature for which
reimbursement is claimed under the provisions of this Agreement.
D. Upon completion of all work contemplated under this Agreement copies of all
documents and records relating to this Agreement shall be surrendered to CHS if
requested. In any event, the SUBRECIPIENT 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 annual performance and evaluation
David Lawrence Mental Health Center, Inc.
Criminal Justice MAT Program
CJMHSA21-0I
Page 9 of 48
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Packet Pg. 1569 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28881 : DLC CJMHSA Amendment #2)
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
the SUBRECIPIENT ceases to exist after the closeout of this Agreement, it will
notify the COUNTY, in writing, of the address where the records are to be kept.
SUBRECIPIENT shall meet all requirements for retaining public records and
transfer, at no cost, to COUNTY all public records in possession of the
SUBRECIPIENT upon termination of the Agreement and destroy any duplicate
public records that are exempt or confidential and released 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 SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832,
Michael.Cox@colliercountyfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT 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 this chapter or as otherwise provided by
law. SUBRECIPIENT shall ensure that public records that are exempt or
confidential and released from public records disclosure requirements are not
disclosed, except as authorized by law.
2.3 INTELLECTUAL PROPERTY
It is agreed that all intellectual property, inventions, written or electronically created
materials, including manuals, presentations, films, or other copyrightable materials, arising
in relation to SUBRECIPIENT's performance under this Agreement, and the performance
of all of its officers, agents, and subcontractors in relation to this Agreement, are works for
hire for the benefit of the COUNTY, fully compensated for by the contract amount, and
that neither SUBRECIPIENT nor any of its officers, agents, or subcontractors may claim
any interest in any intellectual property rights accruing under or in connection with the
performance of this Agreement. It is specifically agreed that the Agreement shall have
exclusive rights to all data processing software falling within the terms of Section 119.084,
Florida Statute, which arises or is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected herewith.
Notwithstanding for foregoing provision, if SUB RECIPIENT is a university and a member
of the State University System of Florida, then Section 1004.23, Florida Statute shall apply.
David Lawrence Mental Health Center, Inc.
Criminal Justice MAT Program
CJMHSA21-01
Page 10 of 48
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Packet Pg. 1570 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28881 : DLC CJMHSA Amendment #2)
A. If SUBRECIPIENT uses or delivers to the COUNTY for its use or the use of its
employees, agents, or contractors any design, device, or materials covered by
letters, patent, or copyright, it is mutually agreed and understood that the
compensation paid pursuant to this Agreement includes all royalties or costs arising
from the use of such design, device, or materials in any way involved in the work
contemplated by this Agreement. For purposes of this provision, the term "use"
shall include use by the SUBRECIPIENT during the term of this Agreement and
use by the COUNTY, its employees, agents, or contractors during the term of this
Agreement and perpetually thereafter.
B. All applicable subcontracts shall include a provision that the Federal awarding
agency reserves all patent rights with respect to any discovery or invention that
arises or is developed in the course of or under the subcontract. Notwithstanding
the foregoing provision, if the SUBRECIPIENT or one of its subcontractors is a
university and a member of the State University System of Florida, then Section
1004.23, Florida Statute, shall apply, but the COUNTY shall retain a perpetual,
fully paid, nonexclusive license for its use and the use of its contractors of any
resulting patented copyrighted, or trademarked work products.
2.4 DATA SECURITY
SUBRECIPIENT shall comply with the following data security requirements whenever it,
or its subcontractors, have access to COUNTY data systems or maintain any client or other
confidential information in electronic form.
A. SUBRECIPIENT shall identify an appropriately skilled individual to function as
its Data Security Officer. The Data Security Officer shall act as the liaison to the
COUNTY's security staff and will maintain an appropriate level of data security
for the information collected or used in the performance of this Agreement. An
appropriate level of security includes approving and tracking all SUB RECIPIENT
employees that request or have access to any COUNTY data system or information.
The Data Security Officer will ensure that use access to the data system or
information has been removed from all terminated SUBRECIPIENT employees.
B. SUBRECIPIENT employees who have access to State information shall complete
the latest DCF security awareness training.
C. All SUBRECIPIENT employees who have access to State information shall
comply with, and be provided a copy of CFOP 50-2, and shall sign the DCF
Security Contract form CF0l 12 annually. A copy of CF 0112 may be obtained from
the CHS Grant Coordinator.
D. SUB RECIPIENT shall make every effort to protect and avoid unauthorized release
of any personal or confidential information by ensuring both data and mobile
storage devices are encrypted as prescribed in CFOP 50-2. If encryption of these
David Lawrence Mental Health Center, Inc.
Criminal Justice MAT Program
CJMHSA2 l -O 1
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devices is not possible, the SUBRECIPIENT shall ensure that unencrypted personal
and confidential State data will not be stored on unencrypted storage devices.
E. SUBRECIPIENT agrees to notify the Grant Coordinator as soon as possible, but
no later than five (5) business days following the determination of any breach or
potential breach of personal and confidential State data.
F. SUBRECIPIENT shall, at its own cost, provide notice to affected parties no later
than 45 days following the determination of any potential breach of personal or
confidential COUNTY or State data as provided in Section 817.5681, Florida
Statutes . SUBRECIPIENT shall also, at its own cost, implement measures deemed
appropriate by the COUNTY to avoid or mitigate potential injury to any person due
to a breach or potential breach of personal and confidential COUNTY data.
SUB RECIPIENT shall cause each of its subcontractors having access to COUNTY or State
data systems or maintaining any client or other confidential information in electronic form
to comply with the provisions of this section and the term "Subrecipient" shall be deemed
to mean the subcontractor for such purposes.
2.5 CONFIDENTIAL CLIENT AND OTHER INFORMATION
Except as provided in this Agreement, SUBRECIPIENT shall not use or disclose but shall
protect and maintain the confidentiality of any client information and any other information
made confidential by State or Federal laws or regulations that is obtained or accessed by
SUBRECIPIENT or its subcontractor's incidental to performance under this Agreement.
2.6 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
In compliance with 45 CFR 164.504(e), SUBRECIPIENT shall comply with the provisions
of this Agreement, governing the safeguarding, use, and disclosure of Protected Health
Information created, received, maintained, or transmitted by SUBRECIPIENTS or its
subcontractors incidental to performance under this Agreement.
2.7 MONITORING
During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an
Annual Audit Monitoring report (Exhibit H) no later than 60 days after SUBRECIPIENT's
fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit
report, Management Letter, and supporting documentation nine (9) months ( or one hundred
eighty (180) days for Subrecipients exempt from Single Audit) after the
SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and
programmatic review.
SUBRECIPIENT agrees that CHS will carry out no less than one (1) annual on-site
monitoring visit and evaluation activities as determined necessary. At the COUNTY's
discretion, a desktop review of the activities may be conducted in lieu of an on-site visit.
The continuation of this Agreement is dependent upon satisfactory evaluations.
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SUBRECIPIENT shall, upon the request of CHS, submit information and status rep01ts
required by CHS or DCF to enable CHS to evaluate said progress and allow for completion
of required reports . SUBRECIPIENT shall allow CHS or DCF to monitor the
SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined
by CHS or DCF.
The COUNTY will monitor the performance of the SUB RECIPIENT based on goals and
performance standards, as stated, with all other applicable federal, state, and local laws,
regulations, and policies governing the funds provided under this Agreement. Substandard
performance as determined by the COUNTY will constitute noncompliance with this
Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable
time period after being notified by the COUNTY, Agreement suspension or termination
procedures will be initiated. SUB RECIPIENT agrees to provide DCF, the DCF Office of
Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's
internal auditor(s) access to all records related to performance of activities in this
Agreement, during the term of the agreement and the records retention period.
2.8 PREVENTION OF FRAUD, WASTE, AND ABUSE
SUBRECIPIENT 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. SUBRECIPIENT' s internal control
systems and all transactions and other significant events are to be clearly documented, and
the documentation shall be readily available for monitoring by COUNTY.
SUBRECIPIENT shall give COUNTY complete access to all records, employees, and
agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and
prevent fraud, waste, and abuse.
In accordance with Subsection 112.3187(2), Florida Statutes, SUBRECIPIENT may not
retaliate or discriminate against any employee or other person who rep01ts a violation of
the terms of this Agreement, or any law, rule, or regulation that creates substantial and
specific danger to the public's health, safety, or welfare, to the COUNTY or any
appropriate law enforcement authority, if the report is made in good faith . Furthermore,
agencies or independent contractors shall not retaliate against any person wo discloses
information to an appropriate agency alleging improper use of governmental office, gross
waste of funds, or any other abuse or gross neglect of duty on the patt of an agency, public
officer, or employee.
SUBRECIPIENT and any subcontractor shall inform its employees that they and other
persons may file a complaint with the Office of Chief Inspector General, Agency Inspector
General, the Florida Commission on Human Relations or the Whistle-Blower's Hotline at
1-800-543-5353.
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2.9 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or
unacceptable performance under this Agreement. Penalties may be imposed for failures to
implement or to make acceptable progress on such corrective action plans.
To effectively enforce Collier County Resolution No. 2013-228, CHS has adopted an
escalation policy to ensure continued compliance by Subrecipients, Developers, or any
entity receiving grant funds from CHS. The escalation policy for noncompliance is as
follows:
1. Initial noncompliance may result in CHS issuing Findings or Concerns to
SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan
to CHS within 15 days following the monitoring visit.
o Any pay requests that have been submitted to CHS for payment will be held until
the corrective action plan has been submitted.
o CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT
as needed in order to correct the noncompliance issue.
2. If a SUBRECIPIENT fails to submit the corrective action plan in a timely manner, CHS
may require a portion of the awarded grant amount to be returned to the COUNTY.
o CHS may require upwards of 5 percent of the award amount be returned to CHS,
at the discretion of the Board.
o The SUBRECIPIENT may be denied future consideration as set forth in Resolution
No. 2013-228.
3. If SUBRECIPIENT continues to be noncompliant or repeats an issue that was
previously corrected, and has been informed by CHS of their substantial
noncompliance by ce1tified mail; CHS may require a portion of the awarded grant
amount be returned to the COUNTY.
o CHS may require upwards of 10 percent of the award amount be returned to the
COUNTY, at the discretion of the Board. •
o The SUBRECIPIENT will be in violation of Resolution No. 2013-228.
4. If after repeated notification the SUBRECIPIENT continues to be substantially
noncompliant, CHS may recommend the Agreement or award be terminated.
o CHS will make a recommendation to the Board to immediately terminate the
Agreement. The SUBRECIPIENT will be required to repay all funds disbursed by
the COUNTY for the terminated project.
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o The SUBRECIPIENT will be in violation of Resolution No. 2013-228.
If SUBRECIPIENT has multiple agreements with CHS and is found to be noncompliant,
the above sanctions may be imposed across all awards at the discretion of the Board of
County Commissioners.
2.10 NONCOMPLIANCE PENALTIES
In accordance with the provisions of section 402.73(1), F.S., and Rule 65-29.001, F.A.C.,
should DCF require a corrective action to address noncompliance under this Agreement,
incremental penalties listed herein shall be imposed for SUBRECIPIENT failure to achieve
the corrective action. These penalties are cumulative and may be assessed upon each separate
failure to comply with instructions from the DCF to complete corrective action but shall not
exceed 10 percent of the total agreement payments during the period in which the corrective
action plan has not been implemented or in which acceptable progress toward implementation
has not been made . These penalties do not limit or restrict DCF's application of any other
remedy available to it under law or its agreement wiuth the COUNTY.
1. Noncompliance that is determined by the Department to have a direct effect on client
health and safety shall result in the imposition of a 10 percent penalty of the total contract
payments during the period in which the corrective action plan has not been implemented
or in which acceptable progress toward implementation has not been made.
2. Noncompliance involving the provision of service not having a direct effect on client
health and safety shall result in the imposition of a 5 percent penalty.
3. Noncomplaince as a result of unacceptable performance of administrative tasks shall
result in the imposition of a 2 percent penalty.
2.11 REPORTS
Reimbursement may be contingent on the timely receipt of complete and accurate repmis
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, SUBRECIPIENT shall submit quarterly progress repotis
to the COUNTY on the 10 th day ofJanuary, April, July, and October respectively for the prior
quarter period end. As part of the report submitted in October, SUBRECIPIENT also agrees to
include, a comprehensive final report covering the agreed-upon Program objectives, activities,
and expenditures including, but not limited to, performance data on client feedback with
respect to the goals and objectives set forth in Exhibit E, which contxains an example reporting
form to be used in fulfillment of this requirement. Other reporting requirements may be
required by the County Manager or their designee in the event of Program changes, the need
for additional information or documentation arises, and/or legislative amendments are enacted.
Repo1is and/or requested documentation not received by the due date shall be considered
delinquent and may be cause for default and te1mination of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS/ASSIGNMENT/ANTI-COMPETITIVE CONTRACTS
SUBRECIPIENT shall not assign its responsibilities under this Agreement to another
party, in whole or part, without prior written approval from the COUNTY, upon the
COUNTY's sole determination that such assignment will not adversely affect the public
interest. No payment shall be made under this Agreement to any factor or other person who
has been assigned or transferred the right to receive payment in lieu of or on behalf of the
SUBRECIPIENT except upon full and faithful performance of SUBRECIPIENT's duties
hereunder. Any assignment or transfer occurring without prior COUNTY approval shall
be null and void. SUBRECIPIENT shall not subcontract for any work contemplated under
this Agreement without prior written approval of the COUNTY, which shall not be
unreasonably withheld.
The COUNTY shall at all times be entitled to assign or transfer, in whole or part, its rights,
duties, or obligations under this Agreement to another governmental agency in the State of
Florida or to a Subrecipient of the COUNTY's selection, upon giving prior written notice
to SUBRECIPIENT, If Agreement is assigned by either party, this Agreement shall remain
binding upon the lawful successors in interest of SUBRECIPIENT and the COUNTY.
SUBRECIPIENT is responsible for all work performed and for all commodities produced
pursuant to this Agreement, whether furnished by SUBRECIPIENT or its subcontractors.
Any subcontracts shall be evidenced by a written document. SUBRECIPIENT further
agrees that the COUNTY shall not be liable to the subcontractor in any way or for any
reason relating to this Agreement.
SUBRECIPIENT shall include, in all subcontract (at any tier) the substance of all clauses
contained in this Agreement that mention or describe subcontract compliance, as well as
all clauses applicable to that portion of the SUBRECIPIENT's being performed by or
through the subcontract.
SUBRECIPIENT will not offer, enter into, or enforce any formal or informal contract with
any person, firm, or entity under which the parties agree to refrain from competing for any
future service contract or limit in any manner the ability of either party to obtain
employment by or provide services to the COUNTY or a Subrecipient of services to the
COUNTY.
3.2 GENERAL COMPLIANCE
SUBRECIPIENT agrees to comply with all applicable Federal, State, and Local laws,
regulations, and policies governing the funds provided under this Agreement. The
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SUBRECIPIENT further agrees to utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available.
SUBRECIPIENT shall ensure all staff and subcontractors associated with this Agreement
have been screened as required by Federal law in accordance with Chapter 435 Florida
Statutes, are of good moral character and meet the Level 2 Employment Screening
standards. Unauthorized aliens shall not be employed. Employment of unauthorized aliens
shall be cause for unilateral termination of this Agreement by the COUNTY for violation
of Section 274(e) of the Immigration and Nationality Act (8 USC § 1324a) and Section
101 of the Immigration Reform and Control Act of 1986. SUBRECIPIENT will enroll in
and use the E-verify system established by the US Department of Homeland Security to
verify the employment eligibility of its employees performing under this Agreement.
Employees assigned to the Agreement means all persons employed or assigned (inch1ding
all subcontractors) by SUBRECIPIENT during the Agreement term to perform work
pursuant to this Agreement within the United States and its territories. Furthermore,
SUBRECIPIENT's failure 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.
3.3 EMPLOYMENT SCREENING
SUBRECIPIENT shall ensure that all its staff and subcontractors that are required by
Florida law to be screened in accordance with Chapter 435, Florida Statute are of good
moral character and meet the Level 2 Employment Screening standards specified by
Sections 435.04, 110.1127, and subsection 39.001(2)), Florida Statutes, as a condition of
initial and continued employment that shall include but not limited to:
A. Employment history checks
B. Fingerprinting for all criminal record checks
C. Statewide criminal and juvenile delinquency records checks through the Florida
County of Law Enforcement (FDLE)
D. Federal criminal records from the Federal Bureau of Investigation via the Florida
County of Law Enforcement and
E. Security background investigation, which may include local criminal record checks
through local law enforcement agencies.
Attestation by each employee, subject to penalty of perjury, to meeting the requirements
for qualifying for employment pursuant to Chapter 435, Florida Statutes, and agreeing to
inform the employer immediately if arrested for any of the disqualifying offenses while
employed by the employer.
SUBRECIPIENT shall sign an affidavit each State fiscal year for the term of the contract
stating that all required staff have been sc1·eened or the SUBRECIPIENT is awaiting results
of screening.
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3.4 KEY PERSONNEL/PROJECT STAFFING
SUBRECIPIENT personnel and management used for this project shall be knowledgeable
in their areas of expertise. The COUNTY reserves the right to perform investigations as
may be deemed necessary to ensure that competent persons will be used in the performance
of the Agreement. SUBRECIPIENT shall assign as many people as necessary to complete
the services on a timely basis, and each person assigned shall be available for an amount
of time adequate to meet the required service. SUBRECIPIENT shall not change Key
Personnel unless the following conditions are met: 1) Proposed replacements have
substantially the same or better qualifications and/or experience; 2) the COUNTY is
notified in writing in advance. SUBRECIPIENT shall make commercially reasonable
efforts to notify Collier County within seven (7) days of the change. The COUNTY retains
final approval of proposed replacement personnel.
3.5 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
SUB RECIPIENT shall at all times remain an independent contractor of the COUNTY 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 the SUBRECIPIENT is
independent of the COUNTY and an employer/employee relationship will not be created.
Nothing herein contained shall constitute the SUBRECIPIENT as an agent of the
COUNTY.
3.6 AMENDMENTS
The COUNTY or SUBRECIPIENT 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 SUBRECIPIENT from its obligations under this
Agreement.
The COUNTY may, in its discretion; amend this Agreement to conform with Federal,
State, or Local governmental guidelines, policies, and available funding amounts, or for
other reasons. If such amendments result in a change in 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 the COUNTY and
SUB RECIPIENT.
Expiration of Agreement: If the SUBRECIPIENT does not complete the project within
the time period, the County Manager or designee may grant a cumulative time extension
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of no more than 180 days and modify any subsequent project work plans to reflect the
extension.
3.7 MOST FAVORED PARTY STATUS
SUBRECIPIENT represents and warrants that the prices and terms for its services under
this Agreement are no less favorable to the COUNTY than those for similar services under
any existing contracts with any other party. SUBRECIPIENT fmiher agrees that, within 90
days of entering into a contract or contract amendment or offering to any other pmiy
services similar to those under this Agreement under prices or terms more favorable than
those provided in this Agreement, SUBRECIPIENT will repo1i such prices and terms to
the COUNTY, which prices or terms shall be effective as an amendment to this Agreement
upon the COUNTY's written acceptance thereof. Should the COUNTY discover such other
prices or terms, the same shall be effective as an amendment to this Agreement
retroactively to the earlier of the effective date of this Agreement (for other contracts in
effect as of that date) or the date they were fist contracted or offered to the other party (for
subsequent contracts, amendments, or offers) and any payment in excess of such pricing
shall be deemed overpayments. SUBRECIPIENT shall submit an affidavit no later than
July 31 st of each year during the term of this Agreement attesting that SUB RECIPIENT is
compliant with this provision, as required by Section 216.0113, Florida Statute.
3.8 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from CJMHSA grant funds provided by
DCF and must be implemented in full compliance with all ofDCF's rules and regulations
and any agreement between COUNTY and DCF governing CJMHSA funds pertaining to
this Agreement. In the event of curtailment or non-production of said funds, the financial
sources necessary to continue to pay SUBRECIPIENT all or any portion of the funds will
not be available. In that event, the COUNTY may terminate this Agreement, which shall
be effective as of the date that it is determined by the County Manager or designee, in his
or her sole discretion and judgment, that the funds are no longer available. In the event of
such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the
COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this Agreement, and the COUNTY
shall be released from any further liability to SUBRECIPIENT under the terms of this
Agreement.
3.9 INDEMNIFICATION
The SUB RECIPIENT shall be fully liable for the actions of its agents, employees, partners,
or subcontractors and shall fully indemnify, defend, and hold harmless the COUNTY and
their officers, agents, and employees, from suits, actions, damages, and costs of every name
and description, including attorneys' fees, arising from or relating to personal injury and
damage to real or personal tangible property alleged to be caused in whole or in part by
SUBRECIPIENT, its agents, employees, partners, or subcontractors, provided, however,
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that the SUBRECIPIENT shall not indemnify for that portion of any loss or damages
proximately caused by the negligent act or omission of the COUNTY.
Further, to the maximum extent permitted by Florida law, the SUBRECIPIENT 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 the SUBRECIPIENT or any of its agents, officers, servants,
employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting
under the direction, control, or supervision of the SUBRECIPIENT 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 SUBRECIPIENT 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 the 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 of termination of this Agreement.
The duty to defend under Article 27 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the
SUBRECIPIENT, COUNTY, and any indemnified party. The duty to defend arises
immediately upon presentation of a claim by any party and written notice of such claim
being provided to SUBRECIPIENT. SUBRECIPIENT's obligation to indemnify and
defend under Article 027 will survive the expiration of earlier termination of this
Agreement until it is determined by a final judgment that an action against the COUNTY
or an indemnified party for the matter indemnified hereundei· is fully and finally barred by
the applicable statute of limitations.
3.10 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. The negotiation shall be attended by representatives of
SUBRECIPIENT with full decision-making authority and by the COUNTY's staff person
who would make the presentation of any settlement reached during negotiations to the
Board for approval. Failing resolution, and prior to the commencement of depositions in
any litigation between the paiiies 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. The mediation shall be attended by representative of
SUBRECIPIENT with full decision-making authority and by the COUNTY's staff person
who would make the presentation of any settlement reached at mediation to COUNTY'S
Board for approval. Should either party fail to submit to mediation as required hereunder,
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the other party may obtain a court order requiring mediation under Section 44.102, Florida
Statute.
3.11 VENUE
Any suit or action brought by either patty 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.
3.12 GRANTEE RECOGNITION/SPONSORSHIPS
As required by Section 286.25, Florida Statutes, SUBRECIPIENT agrees that all notices,
informational pamphlets, press releases, advertisements, descriptions of the sponsorships
of the Program, research reports, and similar public notices, printed or digitally prepared
and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall
include the statement:
"SPONSORED BY THE STATE OF FLORIDA, DEPARTMENT OF CHILDREN
AND FAMILIES AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This
design concept is intended to disseminate key information regarding the development team.
3.13 PUBLICITY
Without limitation, SUBRECIPIENT and its employees, agents, and representatives will
not, without prior COUNTY or State written consent in each instance, use in adve1tising,
publicity, or any other promotional endeavor any COUNTY or State mark, the name of the
State or COUNTY's mark, the name of the State or COUNTY agency or affiliate or any
officer or employee of the State or COUNTY, or any State or COUNTY program or
service, or represent, directly or indirectly, that any product or service provided by
SUBRECIPIENT has been approved or endorsed by the State or COUNTY, or refer to the
existence of this Agreement in press releases, adve1tising, or materials distributed to the
SUBRECIPIENT's prospective customers.
3.14 DEFAULTS, REMEDIES, AND TERMINATION
This Agreement may be terminated for convenience by either the COUNTY or
SUBRECIPIENT, in whole or in part, upon no less than one-hundred and twenty (120)
calendar days' notice, by setting forth the reasons for such termination, the effective date,
and, in the case of partial terminations, the portion to be terminated. However, if in the
case of a partial termination, the COUNTY determines that the remaining p01tion of the
award will not accomplish the purpose for which the award was made, the COUNTY may
terminate the award in its entirety.
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The following actions or inactions by SUBRECIPIENT shall constitute a Default under
this Agreement:
A. Failure to comply with any of the rules, regulations, or provisions referred to herein,
or such statutes, regulations, executive orders, and DCF guidelines, policies, or
directives as may become applicable at any time.
B. SUBRECIPIENT's failure, for any reason, to fulfill in a timely and proper manner
its obligations under this Agreement.
C. Ineffective or improper use of funds provided under this Agreement.
D. SUBRECIPIENT's submission to the COUNTY of reports that are incorrect or
incomplete in any material respect.
E. SUBRECIPIENT's submission of any false certification.
F. Failure to materially comply with any terms of this Agreement.
G. Failure to materially comply with the terms of any other agreement between the
COUNTY and SUBRECIPIENT relating to the project.
In the event of any default by SUBRECIPIENT 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 immediate repayment to the COUNTY of all funds the SUBRECIPIENT
received under this Agreement.
C. Stop all payments until identified deficiencies are corrected.
D. Terminate this Agreement by giving a 90-day written notice to the
SUBRECIPIENT specifying the effective date of such termination. If the
Agreement is terminated by the COUNTY as provided herein, SUBRECIPIENT
shall have no claim of payment or claim of benefit for any incomplete project
activities undertaken under this Agreement.
COUNTY shall be sole judge of nonperformance.
3.15 REVERSION OF ASSETS
In the event that the COUNTY terminates this Agreement, SUBRECIPIENT's recovery
against the COUNTY shall be limited to that portion of the Agreement Amount earned
through the date of termination. SUBRECIPIENT shall not be entitled to any other or
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further recovery against the COUNTY, including but not limited to, any damages or any
anticipated profit on portions of the services not performed.
3.16 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement
until all required insurance, as outlined in Exhibit A, has been obtained and carried at all
times during its performance. All insurance policies shall be through insurers authorized
or eligible to write policies in Florida. SUBRECIPIENT shall provide COUNTY with
certificates of insurance meeting the required insurance provisions. Renewal certificates
shall be submitted to the COUNTY 10 days prior to any expiration date. Coverage afforded
under the policies will not be canceled or allowed to expire until the greater of: 10 days
prior written notice, or in accordance with policy provisions. SUBRECIPIENT shall also
notify COUNTY, in a like manner, within 24 hours after receipt of any notices of
expiration, cancellation, non-renewal, or material change in coverage or limits from the
insurer, and nothing contained herein shall relieve SUBRECIPIENT of this requirement to
provide notice.
SUBRECIPIENT shall ensure that all subcontractors comply with the same insurance
requirements.
3.17 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform the .Scope of Work in compliance with the Grant
Budget and Scope of Work (Part I and Exhibit Band C), and the conditions ofCJMHSA
Grant Application.
3.18 PURCHASING
SUBRECIPIENTS are required to follow Collier County's Procurement Ordinance #2017-
08, as amended.
All purchases for services and goods, including capital equipment, shall be made by
purchase order or by a written contract in conformity with the thresholds of Collier County
Purchasing Policy.
Purchasing Threshold Policy
Ranee($) Quotes
$0 -$50,000 3 Written Quotes
$50,001+ F01mal Solicitation (ITB, RFP,
RFQ, RFI, etc.)
SUBRECIPIENT shall procure any recycled products or materials that are subject to or
are required to carry out this Agreement, in accordance with the provisions of Section
403.7065, Florida Statute.
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3.19 PUBLIC ENTITY CRIME AND DISCRIMATORY CONTRACTORS
Pursuant to Sections 287.133 and 287.134, Florida Statutes, when a person or affiliate has
been placed on the convicted vendor list following a conviction for a public entity crime,
or an entity or affiliate has been placed on the discriminatory vendor list, such person,
entity, or affiliate may not submit a bid, proposal, or reply for a contract to provide any
goods or services to a public entity; may not submit a bid, proposal, or reply for a contract
for the construction or repair of pubiic buildings or public works; may not submit bids,
proposals, or leases ofreal property to a public entity; may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity; and may transact business with any public entity; provided, however, that the
prohibition on persons or affiliates placed on the convicted vendor list shall be limited to
busines in excess of the threshold amount provided in Section 287.107, Florida Statutes,
for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
3.20 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout
requirements are completed. Activities during this closeout period shall include, but are
not limited to: making final payments, disposing of program assets (including the return
of all unused materials, equipment, program income balances, and receivable accounts to
the COUNTY), and determining the custodianship of records. In addition to the records
retention outlined in Section 2.2 of this Agreement, the SUBRECIPIENT shall comply
with Section 119 .021 Florida Statutes regarding records maintenance, preservation, and
retention. A conflict between state and federal law records retention requirements will
result in the more stringent law being applied such that the record must be held for the
longer duration. Any balance ofunobligated funds which have been advanced or paid must
be returned to the COUNTY. Any funds paid in excess of the amount to which the
SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be
refunded to the COUNTY. SUBRECIPIENT shall also produce records and information
that comply with Section 215.97, Florida Single Audit Act.
3.21 CIVIL RIGHTS COMPLIANCE
In accordance with Title VII of the Civil Rights Act of 1964, the Americans with
Disabilities Act of 1990, or the Florida Civil Rights Act of 1992, as applicable, the
SUBRECIPIENT shall not discriminate against any employee ( or applicant for
employment) in the performance of this Agreement because of race, color, religion, sex,
national origin, disability, age, or marital status . Further, SUBRECIPIENT agrees not to
discriminate against any applicant, client, or employee in service delivery or benefits in
connection with any of its programs and activities in accordance with 45 CFR, Paits 80,
83, 84, 90, and 91; Title VI of the Civil Rights Act of 1964; or the Florida Civil Rights Act
of 1992, as applicable; and CFOP 60-16. These requirements shall apply to all contractors,
subcontractors, grantees, or others with who SUBREIPIENT arranges to provide benefits
to clients or employees in connection with its programs and activities. If employing 15 or
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more employees, SUBRECIPIENT shall complete the Civil Rights Compliance Checklist,
CF Form 946, within 30 days of execution of this Agreement and annually thereafter in
accordance with CFOP 600-16 and 45 CFR Part 80. Upon receipt of evidence of such
discrimination, the COUNTY shall have the right to terminate this Agreement.
3.22 SUPPORT TO THE DEAF OR HARD-OF-HEARING
Where direct services are provided, SUBRECIPIENT and is subcontractors shall comply
with section 504 of the Rehabilitation Act of 1973, 29 USC 794, as implemented by 45
CFR Part 84 (hereinafter referred to as Section 504), the Americans with Disabilities Act
of 1990, 42 USC 12131, as implemented by 28 CFR Part 35 (hereinafter referred to as
ADA), and the Children and Families Operating Procedure (CFOP) 60-10, Chapter 4,
entitled "Auxiliary Aids and Services for the Deaf or Hard-of-Hearing."
A. If SUB RECIPIENT or any of its subcontractors employs 15 or more employees, it
shall designate a Single Point-of-Contact (one per firm) to ensure effective
communication with deaf or hard-of-hearing customers or companions, in
accordance with Section 504 of the ADA and CFOP 60-10, Chapter 4.
SUBRECIPIENT's and its subcontractors Single Point-of-Contact will process the
compliance data into the COUNTY's HHS Compliance Reporting Database by the
5th business day of the month, covering the previous month's rep01ting, and forward
confirmation of submission to the Contract Manager. The name and contact
information for the SUBRECIPIENT's Single Point-of-Contact shall be furnished
to the COUNTY's Grant or Contract Manager within 14 calendar days of the
effective date of this requirement.
B. SUBRECIPIENT shall, within 30 days of the effective date of this requirement,
contractually require that its subcontractors comply with Section 504, the ADA,
and CFOP60-10, Chapter 4. A Single Point-of-Contact shall be required for each
subcontractor that employees 15 or more employees. This 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 coordinate activities and
reports with the Provider's Single Point-of-Contact.
C. The Single Point-of-Contact shall ensure that employees are aware of the
requirements, roles and responsibilities, and contact points associated with
compliance with Section 504, the ADA, and CFOP 60-10, Chapter 4. Further
employees of SUBRECIPIENT and its subcontractors with 15 or more employees
shall attest in writing that they are familiar with the requirements of Section 504,
the ADA, and CFOP 60-10, Chapter 4. This attestation shall be maintained in the
employee's personnel file.
D. SUBRECIPIENT's Single Point-of-Contact will ensure that the conspicuous
Notices that provide information about the availability of appropriate auxiliary aids
and services at no-cost to the deaf or hard-of-hearing customers or companions are
posted near where people enter or are admitted within the SUBRECIPIENT's
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locations. Such Notices must be posted immediately by the SUBRECIPIENT and
its subcontractors. The approved Notice can be downloaded from the internet at:
https://www.myflfamilies.com/admin/servicedelivery/docs/Hearing%20Impaired
%20(Combined%20Languages).pdf
E. SUBRECIPIENT and its subcontractors shall document the customer's or
companion's preferred method of communication and any requested auxiliary
aids/services provided in the customer's record. Documentation, with supporting
justification, must also be made if any request was not honored. SUBRECIPIENT
shall distribute customer feedback forms to customers and companions, and
provide assistance in completing the forms as requested by the customer or
companion.
F. If customers or companions are referred to other agencies, SUBRECIPIENT must
ensure that the receiving agency is notified of the customer's or companion's
preferred method of communication and any auxiliary aids/service needs .
G. The COUNTY requires each contract/subcontract SUBRECIPIENT agency's
direct service employees to complete the Serving our Customers who are Deaf or
Hard-of-Hearing and sign the Attestation of Understanding . Direct service
employees performing under this Agreement will also print their certificate of
completion, attach it to the Attestation of Understanding, and maintain them in
personnel.
3.23 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT 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. The SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
3.24 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees to carry out an Affirmative Action Program pursuant to the
COUNTY's specifications, in keeping with the principles provided in President's
Executive Order 11246 of September 24 , 1966. SUBRECIPIENT shall submit its plan for
an Affirmative Action Program for approval by the COUNTY prior to the award of funds.
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Any updates to the Affirmative Action Plan shall be submitted to the COUNTY within 30
days of any update/modification.
3.25 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ who presently exercises
any functions or responsibilities in connection with the Project, has any personal financial
interest, direct or indirect, in the Project, which would conflict in any manner or degree
with the performance of this Agreement and that no person having any conflict of interest
shall be employed by or subcontracted by the SUBRECIPIENT. SUBRECIPIENT shall
comply with all provisions of State and County statut'es, regulations, ordinances, or
resolutions governing conflicts of interest. Any possible conflict of interest on the part of
the SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided,
however, that this paragraph shall be interpreted in such a manner so as not to unreasonably
impede the statutory requirement that maximum opportunity be provided for employment
and participation of low and moderate-income residents of the project target area.
The SUBRECIPIENT 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 the SUBRECIPIENT. The
COUNTY may review the proposed contract to ensure that the contractor is qualified and
that the costs are reasonable. Approval of a conflict of interest contract will be in the
COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's
ability to self-manage the project using its own employees.
3.26 RELIGIOUS ORGANIZATIONS
DCF funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set forth in Chapter 296.011. The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment based
on religion, and will not limit or give preference in employment to persons based
on religion.
B. It will not discriminate against any person applying for public services based on
religion and will not limit such services or give preference to persons on the basis
of religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression
of its religious beliefs, provided that it does not use direct DCF funds to support
any inherently religious activities, such as worship, religious instruction, or
proselytizing.
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D. The funds shall not be used for the acquisition, construction, or rehabilitation of
structures to the extent that those structures are used for inherently religious
activities. Where a structure is used for both eligible and inherently religious
activities, DCF funds may not exceed the cost of those portions of the acquisition,
construction, or rehabilitation that are attributable to eligible activities in
accordance with the cost accounting requirements applicable to DCF funds in this
part. Sanctuaries, chapels, or other rooms that a DCF funded religious congregation
uses as its principal place of worship, however, are ineligible for DCF funded
improvements.
3.27 INCIDENT REPORTING
If services to clients are to be provided under this Agreement, the SUBRECIPIENT and
any subcontractors shall, in accordance with the client risk prevention system, report those
rep01table situations listed in CFOP 215-6 in the manner prescribed in 215-6, and
immediately report to the COUNTY or Florida abuse Hotline (1-800-96ABUSE) any
knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged
person, or disabled person.
SUBRECIPIENT must comply with and inform its employees of the following mandatory
reporting requirements. Each employee of the SUBRECIPIENT providing services in
connection with this Agreement who has any knowledge of a reportable incident shall
rep01t such incident as follows:
A. Reportable incidents that may involve an immediate or impending impact on the .
health or safety of a client, shall be immediately report to the COUNTY Grant
Coordinator. Reportable incidents are defined in CFOP 180-4, which can be
obtained from the COUNTY Grant Coordinator.
B. Other reportable incidents shall be reported to the COUNTY and the Florida State
Department of Children and Families Office oflnspector General on their website
at http://www.dcf.state.fl.us/admin/ig/rpfraudl .shtml.
C. The incident can be reported by completing the Notification/Investigation Request
(Form CF1934) and email it to IG.Complaints@myflfamilies.com.
D. SUBRECIPIENT may also mail the completed form to the Office of Inspector
General, 1317 Winewood Blvd, Building 5, 2nd Floor, Tallahassee, FL 32399-0700;
or via fax at (850) 488-1428.
3.28 NOTICE OF LEGAL ACTIONS
The SUB RECIPIENT shall notify the COUNTY of potential or actual legal actions taken
against the SUBRECIPIENT related to services provided through this Agreement or that
may impact the SUBRECIPIENT's ability to deliver the contractual services, or that may
adversely impact the COUNTY. The SUBRECIPIENT shall notify the COUNTY's Grant
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Coordinator within ten (10) days of SUB RECIPIENT becoming aware of such actions or
potential actions or from the day of the legal filing, whichever comes first.
3.29 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.
3.30 MISCELLANEOUS
A. Transitioning Young Adults:
SUBRECIPIENT understands DCF's interest in assisting young adults aging out
of the dependency system. The COUNTY encourages SUBRECIPIENT
participation with the local Community-Based Care Lead Agency Independent
Living Program to offer gainful employment to youth in foster care and young
adults transitioning from the foster care system.
B. Department of Economic Opportunity and Workforce Florida:
SUBRECIPIENT understands that the Florida Department of Children and
Families, the Department of Economic Opportunity, and Workforce Florida, Inc.,
have jointly implemented an initiative to empower residents to the Temporary
Assistance to Needy Families Program to enter and remain in gainful employment.
The COUNTY encourages SUBRECIPIENT pmticipation with the DEO and
Workforce Florida.
C. Offer Extended to Other Governmental Entities:
The COUNTY encourages and agrees to the successful proposer extending the
pricing, terms, and conditions of this solicitation or resultant contract to other
governmental entities at the discretion of the successful proposer.
D. No Improper Use:
SUBRECIPIENT will not use, nor suffer 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
SUBRECIPIENT or if the COUNTY or its authorized representative shall deem
any conduct on the part of the SUBRECIPIENT to be objectionable or improper,
the COUNTY shall have the right to suspend the Agreement with the
SUBRECIPIENT. Should SUBRECIPIENT fail to correct any such violation,
conduct, or practice to the satisfaction of the COUNTY within 24 hours after
receiving notice of such violation, conduct, or practice, such suspension shall
continue until the violation is cured. The SUBRECIPIENT further agrees not to
commence operation during the suspension period until the violation has been
corrected to the satisfaction of the COUNTY.
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E. 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. 2004-05, as amended, 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.
F. Order of Precedence:
In the event of any conflict between or among the terms of any of the Contract
Documents, Exhibits A-Hand any documents incorporated by reference into any
exhibit be reference the terms of the Request for Proposal (RFP)/ITB and/or
SUBRECIPIENT's Proposal, Attachments shall take precedence.
G. Use of Funds for Lobbying Prohibited:
SUBRECIPIENT shall comply with the provisions of sections 11.062 and 216.347,
Florida Statutes, which prohibit the expenditure of grant funds for the purpose of
lobbying the Legislature, judicial branch, or a State Agency. No Federal funds
received in connection with this Agreement may be used by the SUBRECIPIENT
to influence legislation or appropriations pending before Congress or any State
legislature.
(Signature Page to Follow)
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IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY have each, respectively,
by an authorized person or agent, hereunder set their hands and seals on the date first written above.
,; ·:,.-· : ·,: ' \ '\1 ,, ., .I ~ .
A}J'E~;l\, ·.: .. • · ... .' .
. • ,G~~$T-J\I/I~t ~~ZEL1 CLERK
I,,,
I ' • ►-'':·:t _;, ~ ~ . • i<. t , .. ur,i onll . .,,, .
/·_,,:,:·'(·:;·'~;/·· j ('j , \'t, ...
Dated: \Q-~lt-a:\
(SEAL)
Approved as to form and legality:
By:
OF COUNTY COMMISSIONERS
COUNTY~
R, CHAIRPERSON
Date: _ ___,_, ...... 0 .,_./J~~-1~~\ _ , '
DAVID LAWRENCE MENTAL HEAL TH
CENTER, INC.
By:
SCOTT
Date: 1 /2-1 /2, /
Jennifer~~ ~o!;r-i-<t'
Assistant County Attorney ...,~'
Date: __ \-◊-----+-/ \_~__,\_~_\_
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EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services
Division, 3339 E . Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) oflnsurance
evidencing insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. 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.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles
used in connection with this contract in an amount not less than $1,000,000
combined single limit for combined Bodily Injury and Property Damage. Collier
County shall be named as an additional insured.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1 -3 above, a Ce,tificate of Insurance must be
provided as follows:
4. Professional Liability Insurance in the name of the SUB RECIPIENT or the licensed
design professional employed by the SUBRECIPIENT in an amount not less than
$1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the
SUBRECIPIENT and/or the design professional shall become legally obligated to
pay as damages for claims arising out of the services performed by the
SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection
with this contract. This insurance shall be maintained for a period of two (2) years
after the certificate of Occupancy is issued. Collier County shall be named as an
additional insured.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in I -4 above, the SUB RECIPIENT shall provide or
cause its Subcontractors to provide original certificates indicating the following types of insurance
coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not
less than 100 percent of the insurable value of the building(s) or structure(s). The
policy shall be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an
area identified by the Federal Emergency Management Agency (FEMA) as having
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special flood hazards, flood insurance under the National Flood Insurance Program
is obtained and maintained as a condition of financial assistance for acquisition or
construction purposes (including rehabilitation).
OPERA TI ON/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance
must be kept in force throughout the duration of the loan and/or contract:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations
insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate.
Collier County must be shown as an additional insured with respect to this
coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles
used in connection with this contract in an amount not less than $1,000,000
combined single limit for combined Bodily Injury and Property Damage. Collier
County as an additional insured.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than
100 percent of the replacement cost of the property. Collier County must be shown
as a Loss payee with respect to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard
zone for the full replacement values of the structure(s) or the maximum amount of
coverage available through the National Flood Insurance Program (NFIP). The
policy must show Collier County as a Loss Payee A.T.I.M.A.
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1 Scope of Work
EXHIBITB
SCOPE OF WORK
A. This is a three-year Grant Agreement, pursuant to the authority under Section 394.656,
Florida Statute. The SUBRECIPIENT, under the guidance of Community and Human
Services and Collier County's Public Safety Coordinating Council, shall pa1ticipate in
implementing the Collier Criminal Justice Medication-Assisted Treatment (MAT)
Program for inmates in the Collier County jail, through the delivery of MAT and related
diversion services. Services shall include but are not limited to: MAT administration
and maintenance, case management, peer support and recovery coaching, treatment
linkage and referrals, and other suppo1tive services.
B. SUBRECIPIENT shall conduct all activities supported by this Grant Agreement in
accordance with the County's Application, dated March 8, 2021, in response to the
Department of Children and Families Request for Applications (RF A06Hl 6GS 1 ). Both
the County's Application and the Depaitment's Request for Applications are hereby
incorporated by reference and shall be maintained in the SUBRECIPIENT's and the
COUNTY's official files. The terms of the County's Application may not be changed
without specific advance written approval by the Department of Children and Families.
C. DCF contract number LH823 Exhibit C-1; Array of Services, is hereby incorporated
by reference.
2 Major Objectives
The primary goal of this Grant Agreement is to increase safety, avert increased spending on
criminal justice systems, and improve the accessibility and effectiveness of treatment
services for adults with substance use, and co-occurring mental health and substance use
disorders, who are in or at risk of entering the criminal justice system; and reduce crime,
recidivism, and use of forensic institutions among the target population. The major objectives
of this Grant Agreement that contribute to the goal are to:
A. Provide MAT services and diversion initiatives described in the COUNTY's
Application, hereby incorporated by reference.
B. Create and encourage collaboration among key stakeholders, identified in the
COUNTY's Application through the Public Safety Coordinating Council.
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3 Service Area, Locations, and Times
A. Service Area
SUBRECIPIENT shall provide services within Collier County.
B. Service Delivery Location
i. SUBRECIPIENT's administration offices are listed in Section 3.B.ii. -below.
ii. The primary service delivery location shall be:
David Lawrence Mental Health Center, Inc.
6075 Bathey Lane
Naples, Florida 34116
C. Service Times
Services shall be available and provided, at a minimum, between the hours of 8:00 am
through 5:00 pm, Monday through Friday, excluding state holidays. Changes in service
times and any additional holidays that SUBRECIPIENT wants to observe shall be
approved in writing by the COUNTY.
D. Changes in Location
SUBRECIPIENT shall notify the COUNTY in writing a minimum of one week prior
to making changes in office location or any changes that will affect the COUNTY's
ability to contact the provider by telephone, facsimile, or email.
E. Program Years
For the purposes of this Grant, Program Years are defined as:
Program Year 1
Program Year 2
Program Year 3
10/01/2021 -09/30/2022
10/01/2022-09/30/2023
10/01/2023 -09/30/2024
The program years do not restrict the expenditure of funds but rather are used for
performance purposes only in tracking outcome measures. The allocation may be
expended in any amount through any year throughout the grant.
4 Clients to be Served
Individuals to be served are adults within the jail with a substance use disorder and/or co-
occurring mental health and substance use disorder.
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5 Client Eligibility and Determination
SUBRECIPIENT is responsible for assessing and determining the eligibility of each person
served under this Grant Agreement. SUBRECIPIENT may assign this responsibility to a
sub grantee.
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EXHIBITC
TASK LIST
SUBRECIPIENT shall perform all functions necessary for the proper delivery of services,
including but not limited to, the following:
1 Service Tasks
A. To support the Major Objectives in Exhibit B, the SUBRECIPIENT shall complete
the following within 90 days of agreement ~xecution:
i. Appoint and train necessary staff for program implementation, as referenced
in Section 2.A.
ii. Enter into necessary contracts with paiticipating agencies, as outlined in the
COUNTY's Application and according to procedures referenced in Section
2.C.
m. With participating agencies, cooperatively develop policies and procedures,
and implement a system of participant Data Collection. Information to be
tracked includes, but is not limited to, dates of program enrollment, release
from jail, program discharge; client's identification number; information
regarding arrests, and application for benefits
iv. Initiate delivery of program services, as outlined in Exhibit B.
B. To support the Major Objectives in Exhibit B and create collaboration among key
stakeholders, the SUBRECIPIENT shall:
i. Participate in quarterly Program Team meetings, Partnership meetings, and
any additional strategic planning meetings, as evidenced by sign-in sheets,
agendas, and minutes.
ii. Attend Public Safety Coordinating Council meetings, annually at a minimum.
m. Participate in annual evaluations, conducted by a contracted evaluator from
the Florida Gulf Coast University.
iv. Report FGCU evaluation findings to the Public Safety Coordinating Council
on an annual basis, at minimum, and incorporate Council feedback and
guidance into the program.
v. Patticipate in all technical assistance assessments and trainings, as required
by the Technical Assistance Center (TAC).
Page 37 of 48
David Lawrence Mental Health Center, Inc.
Criminal Justice MAT Program
CJMHSA2 l -O l
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Packet Pg. 1597 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28881 : DLC CJMHSA Amendment #2)
2 Administrative Tasks
A. Staffing
SUBRECIPIENT shall assign and maintain the following staff, as detailed in the
COUNTY's Application, and supported by this Grant Agreement, as evidenced by
Payroll Summary identifying staff and title and job description (submission required
upon hiring and at agreement execution).
LOFTE
0.50 FTE
0.10 FTE
0.25 FTE
0.20 FTE
0.15 FTE
0.25 FTE
0.10 FTE
0.25 FTE
0.10 FTE
Care Coordinator
Peer Specialist
Program Director
Case Manager Supervisor
Program Support Specialist
Practice Manager
Nursing Coordinator
QI/Compliance/Data Manager
Accounting Specialist
Accounting Supervisor
B. Professional Qualifications
SUBRECIPIENT shall ensure Program staff assigned, maintain all applicable
minimum licensing, accreditation, training, and continuing education required by
State and Federal laws or regulations for their assigned duties and responsibilities.
C. Subcontracting
i. Without express written advance authorization by the COUNTY,
SUBRECIPIENT shall not award subcontracts or subgrants to any other
individuals or organizations; nor shall it transfer, reassign, or otherwise give
responsibility for the implementation of any services funded by this
Agreement.
ii. SUBRECIPIENT shall require all subcontractors or sub-Subrecipients at any
tier level to comply with the E-verify clause subject to the same requirement
as the SUBRECIPIENT.
iii. SUBRECIPIENT shall be responsible for coordinating expenditures made by
subcontractors and sub-Subrecipients. The SUBRECIPIENT shall ensure
funds dispersed to subcontractors and sub-Subrecipients are expended for the
purposed intended and that a full accounting for these grant funds is made.
iv. SUBRECIPIENT shall be responsible for service delivery, monitoring, and
quality assurance of all subcontracts or subgrants entered by
SUBRECIPIENT under this Agreement.
v. SUBRECIPIENT shall include in all subcontract or sub-Contracts: a detailed
scope of work, clear and specific deliverables, performance standards,
sanctions for nonperformance, programmatic monitoring requirements, fiscal
monitoring requirements, detailed documentation requirements, and the
substance of all clauses in the Agreement that mention or describe subcontract
compliance.
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David Lawrence Mental Health Center, Inc.
Criminal Justice MAT Program
CJMHSA2 l -O I
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Packet Pg. 1598 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28881 : DLC CJMHSA Amendment #2)
D. Records and Documentation
3 Reports
i. SUBRECIPIENT shall retain all financial records, supporting documents,
statistical records, and any other documents, whether kept by electronic
storage media or otherwise, for a period of not less than six (6) years after the
starting date of this Agreement. If audit findings have not been resolved at the
end of the six-year period, the records shall be retained until resolution of the
audit findings. State auditors and any persons authorized by the COUNTY
shall have full access to, and the right to examine, any materials at any time
during regular business hours.
ii. SUBRECIPIENT shall provide data and other information request by the
CJMHSA Grant Technical Assistance Center (TAC) at the Louis de la Parte
Mental Health Institute of the University of South Florida, to enable TAC to
perform statutory duties established in the authorizing legislation.
iii. SUBRECIPIENT shall protect confidential records from disclosure and
protect participants' confidentiality in accordance with Section 397.501(7),
Florida Statutes.
1v. Unless otherwise specified, all correspondence, reports, records, and
documentation may be maintained and provided to the COUNTY
electronically.
v. SUBRECIPIENT shall maintain, and shall ensure all subcontractors and
subgrantees maintain, records and documentation, including but not limited
to, the following:
• Draft reports, final reports, meeting notes, telephone logs
• Executed subcontract or subgrant agreements and any amendments,
invoices and suppmting documentation, expenditure reports, and
deliverables.
• Employment screening results for each staff who meets the
requirements to be screened for employment.
vi. All records and documentation pertaining to this Agreement shall be sent to
the COUNTY upon request and shall be available to the COUNTY for
inspection at any time.
A. All tasks and activities under this Agreement shall be documented in the following
reports:
i. Quarterly Program Status Report. A detailed report of the services and
activities performed in the previous three months and the progress of the
program in meeting the performance measures, goals, objectives, and tasks
described in the COUNTY's Application and specified in Exhibit D and E of
this Agreement. The COUNTY will provide the template needed to file this
repmt.
ii. Final Program Status Report. A detailed report of the services and activities
_ performed for the entire term of the Agreement and the status of meeting the
David Lawrence Mental Health Center, Inc.
Criminal Justice MAT Program
CJMHSA21-01
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Packet Pg. 1599 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28881 : DLC CJMHSA Amendment #2)
performance measures, goals, objectives, and tasks described in the
Application and terms of this Agreement.
B. Reporting Schedule
SUBRECIPIENT shall submit reports in accordance with the reporting schedule in
Section 1.2 C Deliverables Table.
Table 1 -Reoorting Schedule
Reoort Title Reoort Due Date( s)
Quaiterly Program Status Report 10 th day of the quaiter following the qua1ter of program services
or activities
Final Program Status Repo1t No later than 30 days following the ending date of the
Agreement.
Annual Financial Repott No later than 30 days following the ending date of each
Program Year.
All reports shall be submitted to:
Attention: Catherine Sherman, Grant Coordinator
Collier County Community & Human Services Division
3339 East Tamiami Trail, Suite 211
Naples, FL 34101 •
C. Additional Reporting Requirements. SUBRECIPIENT shall provide additional
reporting pertaining to the services and activities rendered should the COUNTY
determine this to be necessary.
D . Standard Contract Requirements. SUBRECIPIENT will perform all acts required by
the Agreement
E. Emergency Preparedness Plan. If the tasks to be performed pursuant to this
Agreement include the physical care or supervision of clients, SUBRECIPIENT
shall, within 30 days of execution of this Agreement, submit an emergency
preparedness plan, which shall include provisions for records protection, alternative
accommodations for clients in substitute care, supplies, and a recovery plan that will
allow the SUBRECIPIENT and its subcontractors to continue functioning in
compliance with the executed Agreement, in the event of an emergency.
David Lawrence Ment al Health Center, Inc .
Criminal Justice MAT Program
CJMHSA21-01
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Packet Pg. 1600 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28881 : DLC CJMHSA Amendment #2)
1. Service Units
EXHIBITD
DELIVERABLES
SUB RECIPIENT shall provide Program services to a target of 100 individuals each program
year, for a total target of 300 individuals during the life of the Grant Agreement. The
SUBRECIPIENT must provide services to the Annual Minimum Number specified in Table
2.
Table 2 -Service Targets
Target # of Pruticipants Inmates Program Year I Program Year 2 Program Year 3 Program Lifetime Receiving 10/01/2021 -10/01/2022-10/01/2023 -10/01/2021 -Program Services 09/30/2022 09/30/2023 09/30/2024 09/30/2024
Annual Target 100 100 100 300 Number
Minimum Annual 80 80 80 240 Number
2. Deliverables
SUBRECIPIENT shall demonstrate satisfactory progress towards each lifetime service
target in Table 2 through submission of quarterly data reporting in each Program Report
specified in Exhibit C.
3. Performance Measures for Acceptance of Deliverables
During each program year, satisfactory progress toward the Service Target specified in
Table 2 shall be demonstrated by services to at least:
• 20 percent of the Program Year target by the end of the first quarter
• 40 percent of the Program Year target by the end of the second quarter
• 60 percent of the Program Year target by the end of the third quarter
• 80 percent of the Program year target by the end of the fourth quaiter.
In the event SUBRECIPIENT fails to achieve these measures or minimum performance
measures in Exhibit D or Exhibit E, and DCF requires repayment of funds from the
COUNTY, the COUNTY shall deduct the DCF financial penalty from SUBRECIPIENT's
retainage.
David Lawrence Mental Health Center, Inc.
Criminal Justice MAT Program
CJMHSA21 -0 I
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ov.:,
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Packet Pg. 1601 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28881 : DLC CJMHSA Amendment #2)
EXHIBITE
PERFORMANCE MEASURES
1. Performance Measures
The following qualitative performance measures are established pursuant to the Agreement
and shall be maintained during the term of this Agreement and repo1ter quarterly.
A. 40 percent or less arrests among Program participants released from jail while
enrolled.
B. 50 percent or less arrests among Program paiticipants within six months of Program
discharge.
C. 25 percent of Program participants who are determined eligible for social security
or other benefits that they are not receiving shall be assited in applying for benefits.
D. 50 percent of Program participants shall be diverted from a State Mental Health
Treatment Facility.
E. 40 percent of Program participants will be successfully discharged following
release from jail.
F. 50 percent of Program participants receiving in-jail MAT will attend community
MAT appointment within 5 business days of release from jail.
2. Performance Evaluation Methodology
The COUNTY will monitor SUBRECIPIENT's performance in achieving the standards in
Section I above according to the following methodology.
A. For item 1-A: The total number of arrests among Program pa1ticipants released from
jail while enrolled in the Program DIVIDED BY the total number of arrests among
Program participants one year prior to program admission shall be LESS THAN OR
EQUAL TO 40 PERCENT.
B. For item 1-B: The total number of arrests among participants within six months of
Program discharge DIVIDED BY the total number of arrests among Program
participants one year prior to Program admission shall be LESS THAN OR EQUAL
TO 50 PERCENT.
C. For item 1-C: The total number of Program participants who are determined eligible
for social security or other benefits that they are assisted in applying for benefits
DIVIDED BY the total number of Program participants who were eligible for, but
David Lawrence Mental Health Center, Inc.
Criminal Justice MAT Program
CJMHSA21-0l
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Packet Pg. 1602 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28881 : DLC CJMHSA Amendment #2)
not receiving benefits at program admission shall be GREATER THAN OR EQUAL
TO 25 · PERCENT.
D. For item 1-D: The total number of Program participants who were diverted from a
State Mental Health Treatment Facility DIVIDED BY the total number of Program
participant individuals screened for program eligibility who meet the criteria for a
State Mental Healthe Treatment Facility GREATER THAN OR EQUAL TO 50
PERCENT.
E. For item 1-E: The total number of Program participants who are successfully
discharged from the Program DIVIDED BY the total number of Program participants
discharged shall be GREATER THAN OR EQUAL TO 40 PERCENT.
F. For item 1-F: The total number of Program participants receiving in-jail MAT who
attend community-based MAT appointment within five ( 5) business days of release
DIVIDED BY the total number of Program participants receiving in-jail MAT who
are released with a referral for community-based MAT appontment shall be
GREATER THAN OR EQUAL TO 50 PERCENT.
David Lawrence Mental Health Center, Inc.
Criminal Justice MAT Program
CJMHSA21-0l
Page 43 of 48
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Packet Pg. 1603 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28881 : DLC CJMHSA Amendment #2)
1. Payment Methodology
EXHIBITF
METHOD OF PAYMENT
A. The COUNTY will pay SUBRECIPIENT on a cost-reimbursement basis, for the
delivery of tasks, deliverables, and outcomes provided in accordance with the terms
of this Agreement, subject to availability of funds.
B . SUBRECIPIENT shall request payment by submission of a properly completed pay
request and all supporting documentation, as outlined in Exhibits C, D, and E no later
than the twenty-fifth (25) day after the end of each month.
C. The COUNTY shall approve payment requests following receipt of compliance with
Exhibit C, Exhibit D, and Exhibit E.
The COUNTY shall withhold 5 percent from each reimbursement request and upon
satisfactory completion of SUBREIPIENT's program lifetime performance targets
and completion of the COUNTY closeout monitoring, the COUNTY shall release the
remaining funds held throughout the term of the Agreement less any funds returned
to DCF for failure to achieve a performance target. In the event that SUBRECIPIENT
terminates the Agreement prior to the end of the Grant Agreement, it shall be at the
discretion of the COUNTY to release the retainage prior to the end of the Department
of Children and Families grant agreement with Collier County.
SUBRECIPIENT shall submit a final invoice for payment no later than 30 days after
the expiration of this Agreement or after the Agreement is terminated. Failure to do
so will result in a forfeiture or all rights to payment, and the COUNTY shall not honor
any requests submitted after the aforesaid time period. Any retainage payment
(5 percent) due under the terms of this Agreement will be withheld until the Final
Program Status Report are submitted, and the Closeout Monitoring is completed and
approved by the COUNTY
2. Program Closeout
SUBRECIPIENT shall submit a final invoice for payment no later than 30 days after the
expiration of this Agreement or after this Agreement is terminated. Failure to do so will result
in a forfeiture of all rights to payment and the COUNTY shall not honor any requests
submitted after the aforesaid time period. Any retainage payment (5 percent) due under the
terms of this Agreement will be withheld until the Final Program Status Report is submitted
and the Closeout Monitoring is completed and approved by the COUNTY.
David Lawrence Mental Health Center, Inc .
Criminal Ju stice MAT Program
CJMHSA21-0J
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Packet Pg. 1604 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28881 : DLC CJMHSA Amendment #2)
3. Match Funds
SUBRECIPIENT shall provide match funds in accordance with the schedule in the Table
below.
Program Year 1 $84,161.84
Program Year 2 $86,918.42
Program Year 3 $88,657.74
Total Match Required $259,738.00
SUBRECIPIENT shall submit match with the monthly pay request.The amount of the match
submission is not required to be commensurate with the payment/invoice amount.
SUBRECIPIENT shall meet the entire program year match obligation at the end of the
program year. If SUBRECIPIENT has not satisfied its entire match obligation by the third
quarter of program year three, payment will be withheld until such time as the obligation is
met.
4. Payment
The COUNTY shall remit payment to SUBRECIPIENT for the performance of this
Agreement upon completion of the work tasks as accepted and approved by CHS. Payments
shall be made to SUBRECIPIENT when requested as work progresses, but not more
frequently than once per month. Payment will not occur if SUB RECIPIENT fails to perform
at the minimum level of service required by this Agreement. No payment will be made until
approved by CHS for grant compliance and adherence to any and all applicable local, state,
or federal requirements. Payment will be made upon receipt of a properly completed invoice
and in compliance with Section 218.70, Florida Statutes, otherwise known as the "Local
Government Prompt Payment Act."
David Lawrence Mental Health Center, Inc.
Criminal Justice MAT Program
CJMHSA2 l -O l
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EXHIBITG
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUB RECIPIENT Name: David Lawrence Mental Health Center, Inc.
SUBRECIPIENT Address: 6075 Bathey Lane Naples, Florida 34116
Project Name: Criminal Justice MAT Program
Project No: CJMHSA21-02 Payment Request# __ _
Total Payment Minus Retainage _____ _
Period of Availability: 10/1/2021 through 9/30/2024
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient
1. Grant Amount Awarded $
2. Total Amount of Previous Requests $
3. Amount of Today's Request (Net of Retainage, if $
applicable)
4. Current Grant Balance (Initial Grant Amount Award $
request) (includes Retainage)
CHS Adjustments
$
$
$
$
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 SUBRECIPIENT. To the best of my knowledge and belief,
all grant requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
Supervisor (Approval required $15,000 and
above)
Date
Authorizing Grant Accountant
Division Director (Approval Required
$15,000 and above)
Page 46 of 48
David Lawrence Mental Health Center, Inc.
Criminal Justice MAT Program
CJMHSA21-01
16.D.6.a
Packet Pg. 1606 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28881 : DLC CJMHSA Amendment #2)
Exhibit G-1
Match Form
Collier County Request for Match
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: David Lawrence Mental Health Center, Inc.
Subrecipient Address: 6075 Bathey Lane Naples, Florida 34116
Project Name: Criminal Justice MAT Program
Project No: CJMHSA21-01 Match Request #
Match Amount Request Today:
SECTION I: STATUS OF FUNDS
1. Total Match Amount per Agreement
2. Total Amount of Previous Match Submitted (Insert
Amount)
3. Total Match Amount Awarded Per Agreement Less
Total Amount of Previous Match Submitted
4. Amount of Today's Request (Insert Amount)
5. Match Balance (Match per Agreement less the Sum of
All Match Submitted)
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
I certify that this request for payment/match has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT. To the best ofmy knowledge and belief, all
grant requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
Supervisor
David Lawrence Mental Health Center, Inc.
Criminal Justice MAT Program
CJMHSA2 l -0 I
Date
Authorizing Grant Accountant
Page 47 of 48
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Packet Pg. 1607 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28881 : DLC CJMHSA Amendment #2)
EXHIBITH
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are
compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate
documentation is provided regarding your organizations compliance. In determining Federal awards expended in a fiscal year,
the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including
any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in
accordance with the guidelines established by established by 2 CFR Part 200, Subpart F -Audit Requirements . This form may
be used to monitor Florida Single Audit Act (Statute 215 .97) requirements.
SUB RECIPIENT
NAME I David Lawrence Mental Health Center, Inc.
First Date of Fiscal Year (MM/DDNY) 07/01/2021 Last Date of Fiscal Year (MM/DD/YY) 06/30/2022
Total Federal Financial Assistance Expended during Total State Financial Assistance Expended during most
most recently completed Fiscal Year recently completed Fiscal Year
$ $
Check A. or B. Check C if applicable
A.The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a
□ Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by
. Copies of the audit report and management letter are attached or will be provided within 30
days of completion.
B. We are not subject to the requirement of 0MB 2 CFR Part 200, Subpart F because we:
□ Did not exceed the expenditure threshold for the fiscal year indicated above
□ □ Are a for-profit organization
□ Are exempt for other reasons -explain
An audited financial statement is attached and if aoolicable, the independent auditor's manaQement letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is included
□
separate from the written response provided within the audit report. While we understand that the audit report
contains a written response to the finding(s), we are requesting an updated status of the corrective action(s)
being taken. Please do not provide just a copy of the written response from your audit report, unless it includes
details of the actions, procedures, policies, etc. implemented and when it was or will be implemented .
Certification Statement
I hereby certify that the above information is true and accurate.
Signature
Print Name and Title
David Lawrence Mental Health Center, Inc.
Criminal Justice MAT Program
CJMHSA21-01
Date
6/18
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Packet Pg. 1608 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28881 : DLC CJMHSA Amendment #2)
Award Date 06/02 /2021
State Award Agency Florida Department of
Children and Families
CSFA# 60.115
Total Amount of $261,466.60
Funds A warded 159,738.00
Subrecipient Name David Lawrence
Mental Health Center,
Inc.
DilltS#UEI # 096580782
PBE3LMA8J4YI
FEIN# 59-2206025
Period of 10/1/2021 -9/30/2024
Performance
Fiscal Year End 6/30 --
Monitor End Date 12/2024
FIRST AMENDMENT TO AGREEMENT BETWEEN
COLLIER COUNTY
AND
DAVID LA WREN CE MENTAL HEALTH CENTER, INC. (DLC)
Criminal Justice, Mental Health, Substance Abuse Reinvestment Grant (CJMHSA)
This Amendment, is made and entered into this 'Z 3 tf. ..£ day of A~(<_\ L-
2024, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY")
having its principal address as 3339 Tamiami Trail East, Naples, FL 34112, and the David
Lawrence Mental Health Center, Inc. ("SUBRECIPIENT"), authorized to do business under the
laws of the State of Florida, having its principal office at 6075 Bathey Lane, Naples, FL 34116.
WHEREAS, On March 23, 2021, Agenda Item #16.D.10 , the Board of County
Commissioners, (Board) approved the submittal of an "After -the Fact" grant application to the
Department of Children and Families (DCF) for a 3-year Criminal Justice, Mental Health, and
Substance Abuse Reinvestment grant to implement a comprehensive Medication Assisted
Treatment (MAT) program for individuals in the Collier County jail system; and
WHEREAS, On June 22, 2021, Agenda Item #16.D.16, the Board accepted the
notification of award from DCF in the amount of $1,200,000 and authorized the County Manager
to sign the agreement upon arrival; and
WHEREAS, the COUNTY and SUBRECIPIENT desire to provide the activities specified
in this Agreement; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings of the CJMHSA Program as a valid and worthwhile COUNTY purpose.
David Lawrence Mental Health Center, Inc.
Crim in al Justice MAT Program
CJMHSA2 I -O 1
1
Amendment # I
16.D.6.b
Packet Pg. 1609 Attachment: EXECUTED DLC Amendment #1 (28881 : DLC CJMHSA Amendment #2)
RECITALS
WHEREAS, on October 12 , 2021, Agenda Item #16 .D.1 , the COUNTY and
SUBRECIPIENT entered into an agreement for SUBRECIPIENT to implement Medication-
Assisted Treatment (MAT) in jail s in the amount of$261 ,466.60; and
WHEREAS, the Parties desire to amend the Agreement to reduce the total award amount,
reducing funding amount s for Components One, Two , Four and match , a s well as clarify language .
NOW, THEREFORE, in consideration of foregoing Recitals , and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the
Parties agree to modify the Agreement as follows:
Words Struck Thraugh are deleted; Words Underlined are added.
* * *
PART I
SCOPE OF WORK
1.2 PROJECT DETAILS
A . Project Description/Budget
Activity :9GF Approved
Budget Amount
Project Component One: Salaries $154,568.60
130 ,4 38.88
Project Component Two: Equipment $ 1,000.00 950.00
Project Component Three: Project Evaluation $ 12,500.00
Project Component Four : Other $ 93,398.00
15,849.12
Nlateh Funds $259 ,738 .00
Grand Totals: $521 ,204.60
$159,738.00
David Lawrence
Center Match Liability
$259,738.00
159 ,738 .00
$0.00
$0.00
$0.00
8ubrecipient Required
Mateh
$259 ,738.00
$159,738.00*
*Match is not required to commensurate to the pay request amount and may be met through match
contributed by David Lawrence Mental Health Center (DLC) via a budget amendment approved
by CHS fiscal and the Department of Children and Families (DCF) subject to submitting a formal
request.
David Lawrence Mental Health Center, In c.
C riminal Ju stice MAT Program
CJMHSA2 l-O I
2
Amendment # I
16.D.6.b
Packet Pg. 1610 Attachment: EXECUTED DLC Amendment #1 (28881 : DLC CJMHSA Amendment #2)
The SUBRECIPIENT will accomplish the following project tasks:
Project Tasks (Refer to Exhibit C for more detail regarding Project Tasks.)
~ Appoint and train necessary staff for program implementation
~ Provide Medication-Assisted Treatment and other supportive services to program
participants
~ Submit Quarterly Program Services Reports to CHS
~ Submit Annual Financial Reports to CHS
~ Ensure participation by necessary staff in Public Safety Coordinating Council
meetings, annually at minimum
~ Ensure attendanc;e by representatives from treatment and executive management at
scheduled partnership meetings, as requested by CHS
~ Participate in annual evaluations conducted by contracted evaluators from Florida
Gulf Coast University
~ Ensure project sites are Section 504 / ADA accessible
~ Required attendance and participation on Bi-monthly collaborative calls with Grant
Coordinator, BJA Policy Advisors, CDC Staff members, and the IIR Project
Manager.
~ Maintain beneficiary documentation, and provide to the COUNTY as requested
C. Performance Deliverables
The Following Table Details the Project Deliverables
Report/Deliverable Name
Monthly Payment Request
Match
Quarterly Program Services
Report
Annual Financial Report
David Lawrence Mental Health Center, Inc .
Criminal Justice MAT Program
CJMHSA21-0l
Supporting Document
As detailed in Exhibit F and
G
Match Documentation ,
Exhibit G-1
Quarterly Service Report, as
referenced in Exhibit C, Task
List
Annual Financial Report, as
referenced in Exhibit C, Task
List
3
Due Date
Monthly submission; Pay
requests for the month shall
be submitted no later than 25
days after the month end
Monthly submission; Pay
requests for the month shall
be submitted no later than 25
days after the month end
l oth day following the end of
the quarter
30 days following the end of
each Program Year
Amendment #1
16.D.6.b
Packet Pg. 1611 Attachment: EXECUTED DLC Amendment #1 (28881 : DLC CJMHSA Amendment #2)
Final Program Report Final Program Report 30 days following the ending
Template , as referenced in date of the Agreement
Exhibit C, Task List
Incident Report Incident Report Per Occurrence
Employment Screening Certification for each October 31 and per
Certification employee working on Grant occurrence for each new hire
Security Awareness Training Certificate for those staff At Agreement execution and
entering data into the State annually thereafter
System
Insurance Insurance Certificate / At Agreement execution and
Declaration, Exhibit A within 30 days of expiration
Favorable Condition s Attestation Forms October 31 and annually
thereafter
Annual Audit Monitoring Exhibit H Annually within 60 days after
Report ---end -of fiscal -year--
Financial and Compliance Audit, Management Letter, Annually 9 months after FY
Audit and Supporting end for Single Audit OR 180
Documentation days after FY end
Disaster Plan Plan Within 30 days of Agreement
execution and within 30 days
of any changes to plan
Deaf and Hard-of-Hearing Single Point-of-Contact and -l--0-ll½ 5th day following the end
ADA Report of the~ --month
Conflict of Intere st CHS Conflict of Interest Within 30 days of hire for
Form each new employee working
on grant
Civil Rights Compliance Civil Rights Compliance Annually
Checklist Checklist
Inventory and Scrutinized Inv entory and Scrutinized Annually
Company Affidavit Company Affidavit
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available TWO HUNDRED AND SIXTY ONE
THOUSAND, FOUR HUNDRED Ml"D SIXTY SIX DOLLARS Ml"D SIXTY CENTS
ONE HUNDRED FIFTY-NINE THOUS AND SEVEN HUNDRED THIRTY-EIGHT
DOLLARS AND ZERO CENTS ($261,466.60$159,738 .00) for use by the
SUBRECIPIENT , 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, by the
COUNTY. Budgeted fund shifts between cost categories and activities shall not be more
than IO percent of the total funding amount and no amount to a change in scope. Fund
David Lawrence Mental Health Center, In c .
Criminal Ju stic e MAT Pro g ram
CJMHSA21-0l
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Am endment #1
16.D.6.b
Packet Pg. 1612 Attachment: EXECUTED DLC Amendment #1 (28881 : DLC CJMHSA Amendment #2)
shifts that exceed IO percent between project components shall only be made with Collier
County Board of Commissioners (Board) approval.
Match is required for CJMHSA funds. SUBRECIPIENT is required to provide match funds
throughout a fiscal year. Contributions that have or will be counted as satisfying a matching
requirement of another grant or award may not count as satisfying the matching
contribution for this Program.
The COUNTY shall reimburse the SUBRECIPIENT for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and
approved by CHS. SUBRECIPIENT may not request disbursement of CJMHSA funds
until funds are needed for the payment of eligible costs, and all disbursement requests must
be limited to the amount needed at the time of the request. However, invoices for work
performed are required every month. SUBRECIPIENT may expend funds only for
allowable costs resulting from obligations incurred during the term of this Agreement. If
no work has been performed during a month, or if the SUBRECIPIENT is not yet prepared
to send the required backup, a $0 invoice is required. Explanations will be required if two
consecutive months of $0 invoices are submitted . Payments shall be made to the
SUBRECIPIENT when requested as work progresses , but not more frequently than once
per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum
level of service required by this Agreement.
Final invoices are due no later than 30 days after the end of the Agreement. Work
performed during the term of the program but not invoiced within 30 days without written
q~thorization from the Grant C::og_rdinator will not be reimbursed. The County Manager or
designee may extend the term of this Agreement for a period of up to 180 days. The
extension must be authorized prior to the expiration of the Agreement. The extension must
be authori z ed in writing by fo rm al lette r t o th e SUBREC IP IE NT. N o p aym ent will b e m ade
until approved by CHS for grant compliance and adherence to any and all applicable local,
state, or Federal requirements . Except where disputed for noncompliance, payment will be
made upon receipt of a properly completed invoice and supporting documentation in
compliance with Ch . 2 I 8, Part VII , 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, or 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: Catherine Sherman Carolyn Noble, Grant
Coordinator
David Lawrence Menta l Health Center , In c.
Criminal Justice MAT Pro gram
CJMHSA2 l -O I
5
Amendment # l
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Packet Pg. 1613 Attachment: EXECUTED DLC Amendment #1 (28881 : DLC CJMHSA Amendment #2)
Collier County Government
Community and Human Services Division
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email:Catherine.8hennan @colliercountyfl.go v
Carolyn .Noble@colliercountyfl.go v
Telephone: (239) 450-5186
SUB RECIPIENT ATTENTION: Scott Burgess , President and CEO
David Lawrence Mental Health Center, Inc.
6075 Bathey Lane
Naples , Florida 34116
Email: scottb @DLCenters.org
Phone: 239-354-1424
2.2 RECORDS AND DOCUMENTATION
D. Upon completion of all work contemplated under this Agreement copies of all
documents and records relating to this Agreement shall be surrendered to CHS if
requested. In any event, the SUBRECIPIENT 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 annual performance and evaluation
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, clfl.im, or Jl.Udit findings involving these recorq_~ are r~solved. If the
SUBRECIPIENT ceases to exist after the closeout of this Agreement, it will notify
the COUNTY, in writing, of the address where the records are to be kept.
SUBRECIPIENT shall me et all requirement s for retaining public record s and
transfer, at no cost, to COUNTY all public records in possession of the
SUBRECIPIENT upon termination of the Agreement and destroy any duplicate
public records that are exempt or confidential and released 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 SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239 252 6832,
1\'liehael.Cox@eolliereountyfl.go=v, 239-252-2679,
Michael.brownlee@colliercountyfl.gov, 3299 Tamiami Trail E,
Naples FL 34112.
6
David Lawrence Mental Health Center, Inc.
Criminal Justice MAT Program
Amendment #I
CJMHSA2 l-O I
16.D.6.b
Packet Pg. 1614 Attachment: EXECUTED DLC Amendment #1 (28881 : DLC CJMHSA Amendment #2)
PARTJJI
3.3 EMPLOYMENT SCREENING AND E-VERIFY
SUBRECIPIENT shall ensure that all its staff and subcontractors that are required by
Florida law to be screened in accordance with Chapter 435, Florida Statute are of good
moral character and meet the Level 2 Employment Screening standards specified by
Sections 435 .04, 110.1127, and subsection 39 .001(2)), Florida Statutes, as a condition of
initial and continued employment that shall include but not limited to :
A. Employment history checks
B. Fingerprinting for all criminal record checks
C. Statewide criminal and juvenile delinquency records checks through the Florida
County of Law Enforcement (FDLE)
D. Federal criminal records from the Federal Bureau of Investigation via the Florida
County of Law Enforcement and
E . Security background investigation , which may include local criminal record checks
through local law enforcement agencies.
Attestation by each employee, subject to penalty of perjury , to meeting the
requirements for qualifying for employment pursuant to Chapter 435, Florida Statutes,
and agreeing to inform the employer immediately if arrested for any of the
disqualifying offenses while employed by the employer.
SUBRECIPIENT shall sign an affidavit each State fiscal year for the ten:n of the
contract stating that all required staff have been screened or the SUBRECIPIENT is
awaiting results of screening.
F. Florida Statutes section 448.095 Employment Eligibility. Per Florida Statute
448.095(3), all Florida private employers are required to verify employment eligibility
for all new hires beginning January 1, 2021. Eligibility determination is not required
for continuing employees hired prior to January 1, 2021.
http://www.leg.state.fl .us /statutes/index.cfm?App mode=Display Statute&URL=040
0-0499 /0448 /0448.html
For pumoses of satisfying the requirement of this condition regarding verification of
employment eligibility, the SUBRECIPIENT shall participate in, and use, E-Verify
(www.e-verify.gov ), provided an appropriate person authorized to act on behalf of the
recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures,
including in the event of a "Tentative Non-confirmation" or a "Final Non-
confirmation") to confirm employment eligibility for each hiring for a position in the
United States that is or will be funded (in whole or in part) with award funds.
Questions about E-Verify should be directed to DHS. For more information about E-
Verify visit the E-Verify website (https://www.e-verify.gov /) or email E-Verify at E-
David Lawrence Menta l Hea lth Center, ln c.
Crimin al Ju stice MAT Program
CJMHS A2 1-0l
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Amendment #I
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Packet Pg. 1615 Attachment: EXECUTED DLC Amendment #1 (28881 : DLC CJMHSA Amendment #2)
Verify@dhs.gov . E-Verify employer agents can email E-Verify at E-
VerifyEmployerAgent@dhs.gov .
David Lawrence Mental Health Cent er, Inc.
Crim inal Justice MAT Program
CJMHSA2 1-0l
8
Amendment #I
16.D.6.b
Packet Pg. 1616 Attachment: EXECUTED DLC Amendment #1 (28881 : DLC CJMHSA Amendment #2)
EXHIBIT C
TASK LIST
SUB RECIPIENT shall perform all functions necessary for the proper delivery of services ,
including but not limited to , the following:
1 Service Tasks
A. To support the Major Objectives in Exhibit B , the SUBRECIPIENT shall complete
the following within 90 days of agreement execution:
1. Appoint and train necessary staff for program implementation, as referenced
in Section 2.A.
11. Enter into necessary contracts with participating agencies, as outlined in the
COUNTY's Application and according to procedures referenced in Section
2.C.
111. With participating agencies , cooperatively develop policies and procedures,
and implement a system of participant Data Collection. Information to be
tracked includes, but is not limited to, dates of program enrollment, release
from jail , program discharge; client's identification number; information
regarding arrests , and application for benefits
1v . Initiate delivery of program services , as outlined in Exhibit B.
B. To supp ort th e M aj or Obj ec ti ves in Ex hib it B and create co ll a boration among key
stakeholders , the SUBRECIPIENT shall:
1. Participate in quarterly Program Team meetings , Partnership meetings, and
any additional strategic planning meetings , as evidenced by sign-in sheets,
agendas, and minutes .
11. Attend Public Safety Coordinating Council meetings , annually at a minimum.
111. Participate in annual evaluations , conducted by a contracted evaluator from
the Florida Gulf Coast University.
1v. Report FGCU evaluation findings to the Public Safety Coordinating Council
on an annual basis, at minimum, and incorporate Council feedback and
guidance into the program .
v. Participate in all technical assistance assessments and trainings, as required
by the Technical Assistance Center (TAC).
9
David Lawre nc e Mental Health Cent er, Inc .
Crimin a l Ju stic e MAT Pro gram
Am e ndm ent # l
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Packet Pg. 1617 Attachment: EXECUTED DLC Amendment #1 (28881 : DLC CJMHSA Amendment #2)
2 Administrative Tasks
A. Staffing
SUBRECIPIENT shall a ssign and maintain the following staff, as detailed in the
COUNTY's Application , and supported by thi s Grant Agreement, as evidenced by
Payroll Summary identifying staff and title and job description (submission required
upon hiring and at agreement execution).
1.0 FTE
0 .50 FTE
0.10 FTE
0.25 FTE
0.20 FTE
0 .15 FTE
0 .25 FTE
0.10 FTE
0.25 FTE
0.10 FTE
Care Coordinator
Peer Specialist
Program Director
Case Manager Supervisor
Program Support Specialist
Practice Manager
Nursing Coordinator
QI/Compliance/Data Manager
Accounting Specialist
Accounting Supervisor
B. Professional Qualifications
SUBRECIPIENT shall ensure Program staff assigned, maintain all applicable
minimum licensing, accreditation , training, and continuing education required by
State and Federal laws or regulations for their assigned duties and responsibilities.
C. Subcontracting
1. Without express written advance authorization by the COUNTY,
SUBRECIPIENT shall not award subcontracts or subgrants to any other
indi vidu a ls or or gani zati ons; nor sha ll it tra nsfer, reass ign, or oth erwi se g ive
responsibility for the implementation of any services funded by this
Agreement.
11. SUBRECIPIENT shall require all subcontractors or sub-Subrecipients at any
tier level to comply with the E-verify clause subject to the same requirement
as the SUBRECIPIENT .
111 . SUBRECIPIENT shall be responsible for coordinating expenditures made by
subcontractors and sub-Subrecipients. The SUBRECIPIENT shall ensure
funds dispersed to subcontractors and sub-Subrecipients are expended for the
purposed intended and that a full accounting for these grant funds is made.
1v . SUBRECIPIENT shall be responsible for service delivery, monitoring, and
quality assurance of all subcontracts or subgrants entered by
SUBRECIPIENT under this Agreement.
v. SUBRECIPIENT shall include in all subcontract or sub-Contracts: a detailed
scope of work, clear and specific deliverables , performance standards,
sanctions for nonperformance , programmatic monitoring requirements, fiscal
monitoring requirements , detailed documentation requirements, and the
10
David Lawre nc e Mental Hea lth Cente r, Inc.
C riminal Ju stice MAT Prog ram
Am endment # I
CJMHSA2 I -O I
16.D.6.b
Packet Pg. 1618 Attachment: EXECUTED DLC Amendment #1 (28881 : DLC CJMHSA Amendment #2)
substance of all clauses in the Agreement that mention or describe subcontract
compliance.
D. Records and Documentation
3 Reports
1. SUBRECIPIENT shall retain all financial records, supporting documents ,
statistical records, and any other documents , whether kept by electronic
storage media or otherwise, for a period of not less than six (6) years after the
starting date of this Agreement. If audit findings have not been resolved at the
end of the six-year period, the records shall be retained until resolution of the
audit findings. State auditors and any persons authorized by the COUNTY
shall have full access to, and the right to examine, any materials at any time
during regular business hours .
11. SUBRECIPIENT shall provide data and other information request by the
CJMHSA Grant Technical Assistance Center (TAC) at the Louis de la Parte
Mental Health Institute of the University of South Florida, to enable TAC to
perform statutory duties established in the authorizing legislation.
111. SUBRECIPIENT shall protect confidential records from disclosure and
protect participants' confidentiality in accordance with Section 397 .501(7),
Florida Statutes.
1v. Unless otherwise specified, all correspondence, reports, records, and
documentation may be maintained and provided to the COUNTY
electronically.
v. SUBRECIPIENT shall maintain, and shall ensure all subcontractors and
subgrantees maintain, records and documentation , including but not limited
to, tJw following:
• Draft reports, final reports, meeting notes, telephone logs
• Executed subcontract or subgrant agreements and any amendments,
invoices and suppo rting docum entation, expenditure reports, and
deliverables.
• Employment screening results for each staff who meets the
requirements to be screened for employment.
v1. All records and documentation pertaining to this Agreement shall be sent to
the COUNTY upon request and shall be available to the COUNTY for
inspection at any time.
A. All tasks and activities under this Agreement shall be documented in the following
reports :
1. Quarterly Program Status Report. A detailed report of the services and
activities performed in the previous three months and the progress of the
program in meeting the performance measures, goals, objectives, and tasks
described in the COUNTY's Application and specified in Exhibit D and E of
this Agreement. The COUNTY will provide the template needed to file this
report.
David Lawrence Mental Health Center, Inc.
Criminal Ju stice MAT Pro gram
CJMHSA2l-01
11
Amendment # I
16.D.6.b
Packet Pg. 1619 Attachment: EXECUTED DLC Amendment #1 (28881 : DLC CJMHSA Amendment #2)
11. Final Program Status Report. A detailed report of the services and activities
performed for the entire term of the Agreement and the status of meeting the
performance measures, goals, objectives, and tasks described in the
Application and terms of this Agreement.
B. Reporting Schedule
SUBRECIPIENT shall submit reports in accordance with the reporting schedule in
Section 1.2 C Deliverables Table.
Table 1 -Reporting Schedule
Reoort Title Reoort Due Date( s)
Quarterly Program Status Report 10 th day of the quarter following the quarter of program services
or activities
Final Program Status Report No later than 30 days following the ending date of the
--Agreement. -~
Annual Financial Report No later than 30 days following the ending date of each
Program Year.
All reports shall be submitted to:
Attention: Catherine Sherman, Carolyn Noble, Grant Coordinator
Collier County Community & Human Services Division
3339 East Tamiami Trail, Suite 211
Naples, FL 34101
C. Additional Reporting Requirements. SUBRECIPIENT shall provide additional
reporting pertaining to the services and activities rendered should the COUNTY
determine this to be nece ssary.
D. Standard Contract Requirements . SUBRECIPIENT will perform all acts required by
the Agreement
E. Emergency Preparedness Plan. If the tasks to be performed pursuant to this
Agreement include the physical care or supervision of clients, SUBRECIPIENT
shall, within 30 days of execution of this Agreement, submit an emergency
preparedness plan , which shall include provisions for records protection, alternative
accommodations for clients in substitute care, supplies, and a recovery plan that will
allow the SUBRECIPIENT and its subcontractors to continue functioning m
compliance with the executed Agreement, in the event of an emergency.
David Lawrence M ental Health Center, In c .
Criminal Ju stic e MAT Program
CJMHSA2 I-O I
12
Amendment #1
16.D.6.b
Packet Pg. 1620 Attachment: EXECUTED DLC Amendment #1 (28881 : DLC CJMHSA Amendment #2)
EXHIBIT F
METHOD OF PAYMENT
1. Payment Methodology
A. The COUNTY will pay SUBRECIPIENT on a cost-reimbursement basis , for the
delivery of tasks , deliverables, and outcomes provided in accordance with the terms
of this Agreement, subject to availability of funds.
B. SUBRECIPIENT shall request payment by submission of a properly completed pay
request and all supporting documentation , as outlined in Exhibits C , D, and E.-He
later than the twenty fifth (25) day after the end of each month.
C. The COUNTY shall approve payment requests following receipt of compliance with
Exhibit C , Exhibit D, and Exhibit E.
The COUNTY shall withhold 5 percent from each reimbursement request and upon
satisfactory completion of SUBREIPIENT's program lifetime performance targets
and completion of the COUNTY closeout monitoring , the COUNTY shall release the
remaining funds held throughout the term of the Agreement less any funds returned
to DCF for failure to achieve a performance target. In the event that SUBRECIPIENT
terminates the Agreement prior to the end of the Grant Agreement, it shall be at the
discretion of the COUNTY to release the retainage prior to the end of the Department
of C hildren and Famili e s grant ag ree m ent w ith Co lli er Co un ty.
SUBRECIPIENT shall submit a final invoice for payment no later than 30 days after
the expiration of this Agreement or after the Agreement is terminated. Failure to do
so will result in a forfeiture or all rights to payment, and the COUNTY shall not honor
any requests submitted after the aforesaid time period . Any retainage payment
(5 percent) due under the terms of this Agreement will be withheld until the Final
Program Status Report are submitted, and the Closeout Monitoring is completed and
approved by the COUNTY
2. Program Closeout
SUBRECIPIENT shall submit a final invoice for payment no later than 30 days after the
expiration of this Agreement or after this Agreement is terminated. Failure to do so will result
in a forfeiture of all rights to payment and the COUNTY shall not honor any requests
submitted after the aforesaid time period. Any retainage payment (5 percent) due under the
terms of this Agreement will be withheld until the Final Program Status Report is submitted
and the Closeout Monitoring is completed and approved by the COUNTY.
David Lawre nce Mental Health Center, In c .
C riminal Jus ti ce MAT Prog ram
C JMHSA2 l-O 1
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Amendm e nt #1
16.D.6.b
Packet Pg. 1621 Attachment: EXECUTED DLC Amendment #1 (28881 : DLC CJMHSA Amendment #2)
3. Match Funds
SUBRECIPIENT shall provide match funds in accordance with the schedule in the Table
below.
Program Year I $84,161.84 $60,069.64
Program Year 2 $86,918.4;! $44 ,388.25
Program Year 3 $88,M'.7 .'.74 $55,280.12
Total Match Required $;!~9 ,n8.GG $159,738 .00
SUBRECIPIENT shall submit match with the monthly pay request. The amount of the match
submission is not required to be commensurate with the payment/invoice amount.
SUBRECIPIENT shall meet the entire program year match obligation at the end of the
program year. If SUBRECIPTENT has not satisfied its entire match obligation by the third
quarter of program year three , pay ment will be withheld until such time as the obligation is
met.
4. Payment
The COUNTY shall remit payment to SUBRECIPIENT for the performance of this
Agreement upon completion of the work tasks as accepted and approved by CHS. Payments
shall be made to SUBRECIPIENT when requested as work progresses, but not more
frequently than once per month. Payment will not occur if SUBRECIPIENT fails to perform
at the minimum level of service required by this Agreement. No payment will be made until
approved by CHS for grant compliance and adherence to any and all applicable local , state,
or fe deral requireme nt s. Paym ent w i II be m ade upon rece ipt of a prop erly completed invoic e
and in compliance with Section 218. 70 , Florida Statutes , otherwise known as the "Local
Government Prompt Payment Act."
SIGNATURE PAGE TO FOLLOW
David Lawrence Mental Health Center, lnc.
C riminal Justice MAT Program
C JMHSA2 l-O I
14
Amendm ent #I
16.D.6.b
Packet Pg. 1622 Attachment: EXECUTED DLC Amendment #1 (28881 : DLC CJMHSA Amendment #2)
IN WITNESS WHEREOF , the SUBRECIPIENT and the 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
Witness #1 Printed Name
~'itnsfffl #2 Signatur e
Witnes s #2 'P rinted Name.
Derek D . Perry
Assistant County Attorney
Date: ~ t 25 1 l, 'j
Davi d Lawrence Mental Health Center, Inc .
Criminal Justi ce MAT Program
CJMHSA21-0l
15
AS TO COUNTY:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY , FLORIDA
ByCHt~N
AS TO SUBRECIPIENT:
DA YID LAWRENCE MENTAL HEALTH
CENTER, INC.
RESIDENT AND
Date : __ %___,...._1 ef 21 __ _
[Please provide evidence of signing authority}
Amendment #I
16.D.6.b
Packet Pg. 1623 Attachment: EXECUTED DLC Amendment #1 (28881 : DLC CJMHSA Amendment #2)
16.D.6.c
Packet Pg. 1624 Attachment: DLC CJHMSA Amend #2 COA Stamped SR signed (28881 : DLC CJMHSA Amendment #2)
16.D.6.c
Packet Pg. 1625 Attachment: DLC CJHMSA Amend #2 COA Stamped SR signed (28881 : DLC CJMHSA Amendment #2)
16.D.6.c
Packet Pg. 1626 Attachment: DLC CJHMSA Amend #2 COA Stamped SR signed (28881 : DLC CJMHSA Amendment #2)