Backup Documents 08/13/2024 Item #16F11 • ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 F 1 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office 0-5County Attorney Office Il"I I/'
4. BCC Office Board of County Commissioners ,/j/ '/Iq/ y
5. Minutes and Records Clerk of Court's Office
CO- f)14)-4 Its.6°Will
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Cherie DuBock/EMS Phone Number 239-252-3756
Contact/ Department
Agenda Date Item was 8/13/2024 Agenda Item Number 16.F.11
Approved by the BCC
Type of Document Agreement between EMS and CFBHN Number of Original 2
Attached Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? CD
2. Does the document need to be sent to another agency for additional signatures? If yes, CD
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be CD
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attomey's CD
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the CD
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CD
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip CD
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on '-/and all changes made N/A is not
during the meeting have been incorporated in the at ached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line!
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made, and the document is ready for the an option for
Chairman's signature. this line;
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16 F11
Purchase Agreement#PK290
Central Florida Between
Behavioral Health Network, Inc. Central Florida Behavioral Health Network, Inc.
Your Managing Entity And
Collier County Board of County Commissioners
THIS AGREEMENT "Agreement" is entered into by and between CENTRAL FLORIDA BEHAVIORAL HEALTH
NETWORK, INC., hereinafter referred to as the"Managing Entity"and Collier County Board of County Commissioners
(BOCC), hereinafter referred to as the"Contractor", (Company and Contractor shall be jointly referred to herein as the
"Parties").
FOR AND IN CONSIDERATION of the mutual undertakings and agreements hereinafter set forth, the Parties agree
as follows:
1. General Description
The Department of Children and Families(DCF)requires that CFBHN enter into agreements with organizations under
the Coordinated Opioid Recovery (CORE) Network of Addiction Care and in accordance with the Florida Opioid
Allocation and Statewide Response Agreement, executed November 15, 2021.
Per DCF,"According to the Florida Opioid Allocation and Statewide Response Agreement between Local Governments
and the Office of the Attorney General,opioid settlement funds may only be used for approved purposes,which include,
but are not limited to, all of the opioid- related prevention, treatment, and recovery support services and opioid
abatement strategies listed in Schedule A (Core Strategies) and Schedule B (Approved Uses) from Florida Opioid
Allocation and Statewide Response Agreement. Local Governments may choose from the approved uses in Schedule
B, but priority must be given to the core strategies in Schedule A."
The Florida Opioid Allocation and Statewide Response Agreement, along with the accompanying schedules, can be
found on the following website: https://nationalopioidsettlement.com/states/florida/.
2. Scope of Work
The Contractor shall perform duties and activities in accordance with Guidance 41 —Coordinated Opioid Recovery
Network of Addiction Care(CORE Network).
3. Method of Payment
a. This is a fixed price Agreement. CFBHN shall pay the Contractor in accordance with the conditions of
this Agreement, a prorated amount each month,for a total amount not to exceed $145,833, subject to
the availability of funds.
b. The Contractor shall request payment within ten (10) days after the first day of the month following
services through the Carisk Portal.
c. CFBHN may require any other information from the Contractor that it deems necessary to verify
performance of the Contractor under the Purchase Agreement.
d. CFBHN reserves the right to request supporting documentation at any time after the invoice has been
submitted.
4. Contract Deliverables
a. Monthly Expenditure Report—due by the 20th of the month following services.
b. Receipt of Opioid Settlement funds is an express acknowledgement of the obligation to report data on
services funded by the Settlement. Recipients shall provide data to the Department of Children and
Families (Department) through the Opioid Data Management System (ODMS) as prescribed by the
Department. Opioid Settlement funding is contingent upon satisfactory data reporting.
c. All deliverables and related tasks must be completed 100% as specified. Failure to satisfactorily
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Your Managing Entity
complete or submit a deliverable in the time and manner specified may result in a corrective action
plan,withholding of payment,or issuance of financial sanctions or penalties.
5. Vendor Information
a. ANNUAL APPROPRIATIONS:Managing Entity's obligation to pay under this contract is contingent upon
an annual appropriation by the legislature.
b. FEDERAL LAW:
i. The Contractor shall comply with the applicable provisions of Federal law and regulations
including, but not limited to, 2 CFR, Part 200, and other applicable regulations.
ii. If this Agreement contains$10,000 or more of Federal Funds, the Contractor shall comply with
Executive Order 11246, Equal Employment Opportunity,as amended by Executive Order 11375
and others, and as supplemented in Department of Labor regulation 41 CFR, Part 60 if
applicable.
iii. If this Agreement contains over$150,000 of Federal Funds,the Contractor shall comply with all
applicable standards, orders, or regulations issued under section 306 of the Clean Air Act, as
amended (42 U.S.C.§7401 et seq.),section 508 of the Federal Water Pollution Control Act, as
amended (33 U.S.C. § 1251 et seq.) and as applicable, Executive Order 11738, as amended
and where applicable,and Environmental Protection Agency regulations(2 CFR,Part 1500),as
applicable. The Contractor shall report any violations of the above to the Department. The
Contractor agrees to include these requirements in this subsection (iii) in each subcontract
exceeding$150,000 financed in whole or in part with Federal assistance.
iv. No Federal Funds received in connection with this Agreement may be used by the Contractor,
or agent acting for the Contractor, or subcontractor to influence legislation or appropriations
pending before the Congress or any State legislature. If this Agreement contains Federal funding
in excess of $100,000, the Contractor must, prior to contract execution, complete the
Certification Regarding Lobbying form. All disclosure forms as required by the Certification
Regarding Lobbying form must be completed and returned to the Contract Manager, prior to
payment under this Agreement.
v. If this Agreement provides services to children up to age 18, the Contractor shall comply with
the Pro-Children Act of 1994 (20 U.S.C. § 6081), as is applicable. Failure to comply with the
applicable provisions of the law may result in the imposition of a civil monetary penalty of up to
$1,000 for each violation or the imposition of an administrative compliance order on the
responsible entity,or both.
vi. If the Contractor is a federal subrecipient or pass-through entity, then the Contractor and its
subcontractors who are federal subrecipients or pass-through entities are subject to the
following: A contract award (see 2 CFR§ 180.220) must not be made to parties listed on the
government-wide exclusions in the System for Award Management(SAM), in accordance with
the OMB guidelines in 2 CFR, Part 180 that implement Executive Orders 12549 and 12689,
"Debarment and Suspension." SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549.
vii. If the Contractor is a federal subrecipient or pass through entity, the Contractor and its
subcontractors who are federal subrecipients or pass-through entities, must determine whether
or not its subcontracts are being awarded to a "contractor" or a "subrecipient," as those terms
are defined in 2 CFR, Part 200. If a Contractor's subcontractor is determined to be a
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Your Managing Entity
subrecipient, the Contractor must ensure the subcontractor adheres to all the applicable
requirements in 2 CFR, Part 200.
c. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT: The Contractor shall, where
applicable,comply with the Health Insurance Portability and Accountability Act(42 U.S.C. 1320d.)as well
as all regulations promulgated thereunder(45 CFR Parts 160, 162, and 164).
d. INDEMNIFICATION:The Contractor shall be fully liable for the actions of its agents,employees,partners,
or subcontractors and shall fully indemnify,defend,and hold harmless Managing Entity,the Department,
and their officers, agents, and employees, from suits, actions, damages, and costs of every name and
description, including attorneys' fees, costs, and expenses arising from or relating to an alleged act or
omission by the Contractor, its agents, employees, partners, or subcontractors, provided however that
the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the
negligent act or omission of Managing Entity or the Department.
Further, the Contractor shall, without exception, indemnify and hold harmless Managing Entity and the
Department,and their employees from any liability of any nature or kind whatsoever, including attorneys'
fees,costs,and expenses arising out of,relating to,or involving any claim associated with any trademark,
copyrighted, patented, or unpatented invention, process, trade secret, or intellectual property right,
information technology used or accessed by the Contractor, or article manufactured or used by the
Contractor, its officers, agents, or Contractors in the performance of this Agreement or delivered to
Managing Entity or the Department for the use of Managing Entity or the Department, its employees,
agents, or contractors.
Further, the Contractor shall protect, defend, and indemnify, including attorneys' fees, costs, and
expenses, Managing Entity and the Department for any and all claims and litigation (including litigation
initiated by Managing Entity or the Department) arising from or relating to Contractor's claim that a
document contains proprietary or trade secret information that is exempt from disclosure or the scope of
the Contractor's redaction.
The Contractor's inability to evaluate liability or its evaluation of liability shall not excuse its duty to defend
and indemnify after receipt of notice. Only an adjudication or judgment after the highest appeal is
exhausted finding Managing Entity or the Department negligent shall excuse the provider of performance
under this provision, in which case Managing Entity or the Department shall have no obligation to
reimburse the Contractor for the cost of their defense. If the Contractor is an agency or subdivision of the
State, its obligation to indemnify, defend, and hold harmless the Department shall be to the extent
permitted by law and without waiving the limits of sovereign immunity.
e. INDEPENDENT CONTRACTOR: In performing its obligations under this Agreement,the Contractor shall
at all times be acting in the capacity of an independent contractor and not as an officer, employee, or
agent of Managing Entity or the Department. Neither the Contractor nor any of its agents, employees,
Contractors, or assignees shall represent to others that it is an agent of or has the authority to bind
Managing Entity or the Department by virtue of this Agreement.
f. INSURANCE: The Contractor shall obtain and provide proof to the Managing Entity of comprehensive
general liability insurance coverage(broad form coverage),specifically including premises,fire,and legal
liability to cover Contractor and all of its employees.
The limits of the Contractor's coverage shall be no less than $300,000 per occurrence with a minimal
annual aggregate of no less than$1,000,000.
The Managing Entity and the Department shall be exempt from, and in no way liable for, any sums of
money that may represent a deductible or self-insured retention under any such insurance.The payment
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of any deductible on any policy shall be the sole responsibility of the Contractor.
All such insurance policies of the Contractor shall be provided by insurers licensed or eligible to do and
that are doing business in the State of Florida. Each insurer must have a minimum rating of"A" by A.M.
Best(or an equivalent rating by a similar insurance rating firm)and shall name the Managing Entity and
the Department as additional insured parties under the policy. All such insurance policies of the
Contractor shall be primary to and not contributory with any similar insurance carried by the Managing
Entity.The Contractor shall notify the Contract Manager within 30 calendar days if there is a modification
to the terms of insurance including but not limited to, cancellation or modification to policy limits.
The Contractor shall use its best good faith efforts to cause the insurers issuing all such liability insurance
to use a policy form with additional insured provisions naming the Managing Entity and the Department
as an additional insured or a form of additional insured endorsement that is acceptable to the Managing
Entity in the reasonable exercise of its judgment.
Proof of insurance shall preferably be in the form of an Association for Cooperative Operations Research
and Development (ACORD) certificate of insurance. All such current insurance certificates will be
submitted to the Contract Manager, prior to expiration, as insurance policies are renewed each year.
g. LAW AND VENUE:This Agreement is executed and entered in the State of Florida and will be construed,
performed, and enforced in all respects in accordance with Florida law, excluding Florida provisions for
conflict of laws, and applicable Federal law. Venue for any action regarding this Agreement shall be in
Hillsborough County, Florida.
h. MONITORING: The Contractor shall permit all persons who are duly authorized by Managing Entity or
the Department to inspect and copy any records, papers, documents, facilities, goods, and services of
the Contractor which are relevant to this Agreement, and to interview any clients, employees, and
subcontractor employees of the Contractor to assure Managing Entity of the satisfactory performance of
the terms and conditions of this Agreement.
i. PUBLIC ENTITY CRIMES: Chapter 287.133(2)(a)states: A person or affiliate who has been placed on
the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on leases of real
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 not transact business with any public entity
in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list.
j. PUBLIC RECORDS:The Contractor shall allow public access to all documents, papers, letters,or other
public records as defined in Subsection 119.011(12), F.S. as prescribed by Subsection 119.07(1) F.S.,
made or received by the Contractor in conjunction with this Agreement except those public records which
are made confidential by law and must be protected from disclosure. It is expressly understood that the
Contractor's failure to comply with this provision shall constitute an immediate breach of this Agreement
for which Managing Entity may unilaterally terminate this Agreement.
The Contractor shall retain all client records,financial records,supporting documents, statistical records,
and any other documents(including electronic storage media) pertinent to this Agreement for a period of
six(6) years after completion of this Agreement or longer when required by law. In the event an audit is
required by this Agreement, records shall be retained for a minimum period of six(6)years after the audit
report is issued or until resolution of any audit findings or litigation based on the terms of this Agreement.
k. SCRUTINIZED COMPANIES: The Contractor shall refrain from any of the prohibited business activities
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with the Governments of Sudan and Iran as described in Section 215.473, F.S. Pursuant to Section
287.135(5), F.S., Managing Entity will immediately terminate this Agreement for cause if the Contractor
is found to have submitted a false certification or if the Contractor is placed on the Scrutinized Companies
with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List during the term of the Agreement. Managing Entity will terminate this Agreement at any time
the Contractor is found to have been placed on the Scrutinized Companies that Boycott Israel List or is
engaged in a boycott of Israel.
I. SPONSORSHIP AND PUBLICITY: The Contractor and partners shall, in publicizing, advertising, or
describing the sponsorship of the program, state: "Sponsored by Collier County BOCC, Central Florida
Behavioral Health Network, Inc., and the State of Florida, Department of Children and Families." If the
sponsorship reference is in written material, the words "State of Florida, Department of Children and
Families" and "Central Florida Behavioral Health Network, Inc." shall appear in the same size letters or
type as the name of the organization.
m. TERMINATION:Termination at Will. Either party may terminate this Subcontract upon at least thirty(30)
days prior written notice to the other party. In a termination at will by a party, the other party shall not be
liable for costs of termination or damages incurred by the party giving notice of termination at will or by
any of its subcontractors. In a termination at will by a party, the party giving notice of termination at will
shall not be liable for costs of termination or damages incurred by the other party or by any of its
subcontractors.
i. Termination for Lack of Funds. Managing Entity may terminate this Agreement upon at least
twenty-four(24) hours prior written notice to Contractor if Managing Entity has not received
funds from the Department for the services for which Contractor is requesting payment or for
any services to be provided under this Agreement.
ii. Termination for Cause. Upon the Managing Entity's knowledge of a material breach by
Contractor, Managing Entity shall either:
1. Provide an opportunity for Contractor to cure the breach or end the violation and
terminate the Agreement or discontinue access to PHI if Contractor does not cure
the breach or end the violation within the time specified by Managing Entity;
2. Immediately terminate this Agreement or discontinue access to PHI if Contractor
breached a material term of this Agreement and does not end the violation;or
3. If neither termination nor cure is feasible, Managing Entity shall report the violation
to the Department of Children and Families and Secretary of the Department of
Health and Human Services.
iii. Additional Breaches. Breaches by Contractor include the following items:
If Contractor is suspended or becomes disqualified from providing the services,found to be
negligent or to have caused harm to a qualified individual, or otherwise is subject to
disciplinary action which materially adversely affects the Contractor's ability to perform the
services under this Agreement.
If Contractor (or its officers or directors) is convicted of or pleads guilty, no contest, or
otherwise admits to any crime involving a morally corrupt act or practice or any felony offense.
If the Contractor makes an assignment for the benefit of creditors,files a voluntary petition in
bankruptcy, is adjudicated bankrupt or insolvent or has entered against it an order for any
relief in any bankruptcy or insolvency proceeding or has an involuntary petition in bankruptcy
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or similar proceeding filed against it which has not been dismissed within one hundred twenty
(120)days after the commencement thereof.
If Contractor commits any other material breach of this Agreement.
iv. Immediate Termination. Managing Entity shall immediately terminate this Agreement for
cause, if any time during the lifetime of the Agreement,the Contractor is:
1. Found to have submitted a false certification under s. 287.135, F.S.,or
2. Is placed on the Scrutinized Companies with Activities in Sudan List or
3. Is placed on the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List,or
4. Is placed on the Scrutinized Companies that Boycott Israel List or is engaged in a
boycott of Israel.
v. Remedies for Breach. In addition to all other remedies included in this Agreement,Contractor
shall,at a minimum,be liable to Managing Entity for all foreseeable damages Managing Entity
incurs as a result of Contractor's violation or breach of this Agreement. This includes without
limitation any costs incurred to remediate defects in Contractor's services and/or the additional
expenses to complete Contractor's services beyond the amounts agreed to in this Agreement,
after Contractor has had a reasonable opportunity to remediate and/or complete its services
as otherwise set for in this Agreement.
All remedies provided for in this Agreement may be exercised individually or in combination
with any other remedy available hereunder or under applicable laws, rules and regulations.
The exercise of any remedy shall not preclude or in any way be deemed to waive any other
remedy.
On and after any event of default, Managing Entity shall have the right to exercise its legal
and equitable remedies, including without limitation,the right to terminate this Agreement for
cause or to seek specific performance of all or any part of this Agreement.
In addition, Managing Entity shall have the right (but no obligation) to cure (or cause to be
cured) on behalf of Contractor any event of default. Contractor shall pay to Managing Entity
on demand all costs and expenses incurred by Managing Entity in effecting such cure, with
interest thereon from the date of incurrence at the maximum rate then permitted by law.
Managing Entity shall have the right to offset from any amounts due to Contractor under this
Agreement or any other agreement between Managing Entity and Contractor all damages,
losses, costs or expenses incurred by Managing Entity as a result of such event of default
and any liquidated damages, if any, due from Contractor pursuant to the terms of this
Agreement or any other agreement.
Contractor shall be liable to Managing Entity for any sanctions or penalties specifically
established by law and applicable to Contractor regarding the services in this Agreement.
Managing Entity shall provide such sanctions and penalties as appropriate.
vi. Lapsed Insurance. Any lapse in mandatory insurance coverage voids this Agreement until
coverage is restored and proof of insurance coverage is provided to restore the ability to bill
for services.Any services provided during the lapse period are invalid and cannot be invoiced
to Managing Entity.
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n. USE OF FUNDS FOR LOBBYING PROHIBITED: The Contractor agrees to comply with the provisions
of Section 216.347, Florida Statutes,which the expenditure of contract funds for the purpose of lobbying
the Legislature or a state agency.
6. Term and Termination
This Agreement shall begin on July 1,2024. Unless terminated earlier, per Section 5.m. Termination,this
Agreement shall be coterminous with the Florida Department of Children and Families contract#QD1A9.
All remedies including indemnification in Section 5.d. Indemnification shall survive termination of this Agreement.
THE PARTIES HERETO by and through their duly authorized representatives,whose signatures appear below, have
caused this Agreement to be executed.
MANAGING ENTITY CONTRACTOR
Central Florida Behavioral Health Network, Inc. Collier County Boar C unty C missioners
Signature: Signature:
Print: Chris Hall, Chairman
Title:
Date: Date: 3 f j 312 Y
ATTEST
CRYSTAL K.KINZ L,CLERK
BY:
Attest s to Chairman's
signature only
Approved as to form and legality
tut County Attorney
Digitally signed
CL1/� O 6y Date:CAD
2024.07.16
09:11:31-04'00'
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