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Agreement - Nami State Mandated 24-25 State Mandated: FY 24-25 Agreement#: NAMI State Mandated 24-25 Activity: Mental Health CONTRACTOR: National Alliance on Mental Illness of Collier County, Inc. Total Award Amount: $146,700.00 UEI #: EB16AJ87TRS5 FEIN: 65-0047747 Period of Performance: 10/1/2024— 9/30/2025 Fiscal Year End: 6/30 Monitoring End: 12/31/2025 AGREEMENT BETWEEN COLLIER COUNTY AND NATIONAL ALLIANCE ON MENTAL ILLNESS COLLIER COUNTY,INC. THIS AGREEMENT is made and entered into on this25'day of v, , 2025, by and between Collier County, a political subdivision of the State of Florida (COUNTY , having its principal address at 3339 E. Tamiami Trail, Naples, FL 34112, and National Alliance on Mental Illness Collier County,Inc.,(RECIPIENT or NAMI),a private not-for-profit corporation,under agreement with the State of Florida, Department of Children and Families,through the Central Florida Behavioral Health Network, Inc. contract, authorized to do business in the State of Florida having its principal office at 5025 Castello Drive,Suite 101,Naples,Florida 34103. WHEREAS, COUNTY believes it to be in the public interest to provide substance abuse and mental health services to Collier County residents through the NAMI Collier County, Inc., in accordance with this Agreement, and NOW THEREFORE,in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART I SCOPE OF SERVICES The RECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing services as provided herein and as determined by Collier County Community and Human Services(CHS)Division, perform the tasks necessary to conduct the program as follows: Project Name: Mental Health Services Description of project and outcome: Provide mental health services to residents of Collier County through peer support and drop-in services including life skills and support. Provision of substance abuse and mental health services programs must be implemented to serve residents of Collier County, in accordance with Chapters 394 and 397, Florida Statutes, and all exhibits hereto. NAMI Collier County State Mandated Services 2024-2025 Page 1 Mental Health Services 1.1 SPECIAL CONDITIONS A. By acceptance of this funding, RECIPIENT assures and certifies: 1. That, if clients are to be transported under this Agreement, RECIPIENT will comply with the provisions of Chapter 427, Florida Statutes, which requires the coordination of transportation of the disadvantaged. 2. That it will comply with Chapter 216,347, Florida Statutes, which prohibits the expenditure of Agreement funds for the purpose of lobbying the legislature, State, or County agencies. 3. That it will notify the COUNTY of any changes and/or additions from the Central Florida Behavioral Health Network on a quarterly basis.This notification must include a statement as to how this change in funding affects provision of service, match requirement as well as the use of and continued need for the COUNTY funds. 4. RECIPIENT shall comply with requirements as defined in Section 504 of the Rehabilitation Act of 1973 (htto://www.section508.gov/index.cfm?FuseAction=Content&Ifs=15) and the American Disability Act(ADA)Qittp://www.ada,gov)as implemented by 28 CFR Part 35 (http://ecfr.gpoaccess.gov/cgi/t/text/text. idx?c=ecfr&tp1=/ecfrbrowse/Title28/28cfr35 main 024l). 5. RECIPIENT shall designate a Single Point of Contact if it employs fifteen(15)or more employees.The Single Point of Contact will ensure effective communication with deaf or hard of hearing customers or companions in accordance with Section 504 and the ADA. 6. RECIPIENT will ensure that COUNTY funds are restricted to Collier County residents. 113. HEALTH INSURANCE PORTABILTIY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) The COUNTY, pursuant to the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), is a "covered entity" as the law defines that term. Any "personal health information"(PHI), as defined by the law,that COUNTY receives pursuant to this Agreement is subject to the disclosure and security requirements of HIPAA. Transfer of information to the COUNTY sufficiently "de-identified" to no longer be considered PHI is encouraged as being in the best interest of client PHi confidentiality, to the extent that client services are unaffected. Methods to accomplish the highest levels of client service coupled with PHI confidentiality shall be an on-going task of the effected COUNTY and RECIPIENT staff. C. DISASTER/EMERGENCY ASSISTANCE If needed,RECIPIENT may be called upon to assist the COUNTY during a natural disaster or emergency if facility is operational and computer terminals are available, This includes the use of RECIPIENT'S facility to assist with Emergency Food Stamp preregistration. NAM!Collier County State Mandated Services 2024-2025 page 2 Mental Health Services RECIPIENT shall notify the COUNTY immediately after a disaster declaration, if its location is accessible and operational and if any of RECIPIENT'S staff are available to assist with recovery efforts. 1.2 PERFORMANCE DELIVERABLES A. CLIENTS SERVED RECIPIENT will serve a minimum of 3,500 non-duplicated Collier County residents/clients with at least one (I) unit of service, as defined by F.A.C. 65E-14 during the Agreement period. 13. PERFORMANCE DELIVERABLES Program Deliverable Supporting Documentation Submission Schedule Insurance Proof of coverage in Within 30 days following accordance with Exhibit A execution of the agreement and annually within 30 days after renewal Quarterly Performance Report Exhibit C Quarterly by 30'1'of the month following quarter end, DCF/CFBHN/Accreditation Final Audit/Monitoring Within 30 days afterreceipt Agencies Audit Reports Report including any plans from monitoring agency of corrective action Quarterly Match Obligation CARISK Match Report Quarterly by the 30th of the month following quarter end Annual Audit Monitoring Exhibit D Annually, within 60 days after Report FY end Financial and Compliance Audit, Management Letter, and Annually 9 months after FY Audit Supporting Documentation end for Single Audit; OR 180 days after F'Y end C. PAYMENT DELIVERABLES Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Mental Submission of quarterly Invoices to Quarterly submission: Health Services include Exhibits B and C,CARISK report Pay requests for the and any other additional documentation quarter shall be as requested, submitted no later than 30 days following the quarter end. 1.3 PERIOD OF PERFORMANCE RECIPIENT services shall start on October I, 2024,and shall end on September 30, 2025,unless terminated as specified in Section 3.5 Defaults, Remedies,and Termination. NAMI Collier County State Mandated Services 2024-2025 Page 3 Mental Health Services 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available no more than ONE HUNDRED FORTY-SIX THOUSAND SEVEN HUNDRED DOLLARS AND ZERO CENTS($146,700.00) for use by the RECIPIENT during the term of the Agreement (this agreement allows for all costs incurred retroactive to October I.2024)(hereinafter referred to as the"Funds"). Modifications to the"Budget and Scope"may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners(Board)approval. The COUNTY shall reimburse RECIPIENT for the performance of this Agreement upon completion or partial completion of work tasks, as accepted and approved by CHS. RECIPIENT may not request disbursement of funds until needed for eligible costs,and all disbursement requests must be limited to the amount needed at the time of the request. RECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every quarter. Payments shall be made to RECIPIENT when requested as work progresses,but not more frequently than once per quarter. Reimbursement will not occur if RECIPIENT fails to perform the minimum level of service required by this Agreement. _._.._Final invoices are due no later than 90 days after the end of the Agreement.Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement, may not be processed without written authorization from the COUNTY. No payment will be made until approved by CHS for compliance and adherence to all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section i.2.B. Late submission of deliverables may cause payment suspension of any open pay requests until the required deliverables are received by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending, All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Carolyn Noble,Grant Coordinator 2671 Airport Pulling Road, Suite 202 Naples, Florida 34112 Email: CaroIvn.Noble@coIliercountvfl.gov Telephone:(239)450-5186 RECIPIENT ATTENTION: Beth Hatch,CEO National Alliance on Mental Illness Collier County. Inc. 5025 Castello Drive, Suite 101 NAMI Collier County State Mandated Services 2024.2025 Page 4 Mental Health Services Naples,Florida 34103 Email: BHatch a namicoller.org Telephone: (239-260-7303 RECIPIENT and COUNTY may change the above mailing address at any time upon giving the other party written notification, All notices under this Agreement must be in writing. PART II CONTROL REQUIREMENTS 2.1 AUDITS In accordance with Chapter 215.97, Florida Statute,any deficiencies noted in audit reports must be fully cleared by the RECIPIENT within 30 days after receipt by the organization. Failure of RECIPIENT to comply with the above audit requirements will constitute a violation of this Agreement and may result in withholding of future payments. RECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning RECIPIENT audits, 2.2 RECORDS AND DOCUMENTATION RECIPIENT shall maintain sufficient records in accordance with Chapter 119, Florida Statute, to determine compliance with the requirements of this Agreement,the 1XF agreement, and all other applicable laws and regulations. This documentation shall include, but is not limited to, the following: A. RECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by the COUNTY to perform the service. B. RECIPIENT shall make available to COUNTY at any time upon request by CHS, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the RECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (C.OAAP), 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. C. Upon completion of all work contemplated under this Agreement,copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested, In any event, RECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent, and secured location for six(6)years after the date of submission of the final progress report; However, if any litigation,claim,or audit is started before the expiration date of the six(6)year period,the records will be maintained until all litigation, claim,or audit findings involving these records are resolved. If RECIPIENT ceases to exist after the closeout of this Agreement, it shall notify the COUNTY in writing,of the address where the records are to be kept.The RECIPIENT shall meet all requirements for retaining public records, and transfer at no cost to COUNTY all public records in RECIPIENT'S possession upon termination of the Agreement and destroy any duplicate exempt or NAM(Collier County State Mandated Services 2024-2025 Page 5 Mental Health Services confidential public records that are 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 THE RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679, Michael.Brownlee(colliercountyfl.eov, 3299 Tamiami Trail E, Naples FL 34112. D. RECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records,and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. RECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed. 2.3 CONFIDENTIAL CLIENT ANI)OTHER INFORMATION Except as provided in this Agreement, RECIPIENT 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 RECIPIENT or its ______ ._ __-----___._--subcontractor's-incidental to performanceunder-this Agreement. 2.4 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT In compliance with 45 CFR 164.504(e), RECIPIENT shall comply with the provisions of this Agreement, governing the safeguarding, use, and disclosure of Protected Health Information created, received, maintained, or transmitted by RECIPIENTS or its subcontractors incidental to performance under this Agreement. 2.5 MONITORING RECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities,as determined necessary.At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. At any time during normal business hours and as often as the COUNTY(and/or its representatives) may deem necessary, RECIPIENT shall make available all records,documentation, and any other data relating to all matters covered by this Agreement for review, inspection,or audit. Deferred Payment/Return of Funds: If, as a result of monitoring or audit, clients counted are not properly documented, payment may be deferred. If RECIPIENT cannot provide appropriate documentation to determine the accuracy of the number of qualifying clients submitted by RECIPIENT,or if an audit by COUNTY indicates that the number of clients served is less than the minimum required (Part I, Section 1.2.A) for the Agreement period under Part I, Section 1.3, no future payment will be made until the full amount of overpayment is remitted to the COUNTY or a repayment agreement is accepted by the COUNTY.The overpayment will be calculated on a pro NAMI Collier County State Mandated Services 2024.2025 Page 6 Mental Health Services rata basis. If the monitoring or audit occurs after the term of this Agreement, RECIPIENT will be required to remit funds to the COUNTY in accordance with the repayment conditions below. RECIPIENT agrees to return to the COUNTY any overpayments due to funds disallowed,pursuant to the term of this Agreement and/or Local, State, or Federal requirements. RECIPIENT will be required to reimburse the COUNTY for any acts of noncompliance resulting in disallowed costs or fines, 2.6 PREVENTION OF FRAUD,WASTE, AND ABUSE RECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and provide for the proper and effective management of all Program and Fiscal activities of the Agreement, RECIPIENT's internal control systems and all transactions and other significant events shall be clearly documented,and the documentation shall be readily available for monitoring by the COUNTY. RECIPIENT shall provide COUNTY with complete access to all its records,employees,and agents for the purpose of'monitoring or investigating the performance of the Agreement. RECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste,and abuse. RECIPIENT may Qt discriminate against any employee or other_person who reports a violation of______._ the terms of this Agreement, or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. 2.7 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement, Penalties may be imposed for failure to implement or make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No,2013-228, CHS has adopted an escalation policy to ensure continued compliance by Recipients, Subrecipients, Developers, or any entity receiving refit funds from the COUNTY, The escalation policy for noncompliance is as follows: A. Initial noncompliance may result in CHS issuing Findings or Concerns to RECIPIENT, which requires a corrective action plan to be submitted to CHS within fifteen(15)calendar days, following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CMS will be available to provide Technical Assistance (TA) to RECIPIENT, as needed, in order to correct the noncompliance issue. B, If RECIPIENT fails to submit the corrective action plan in a timely manner, CHS may require a portion of'the awarded gPaRt amount be returned to the COUNTY. NAMI Collier County State Mandated Services 2024-202S Page 7 Mental Health Services • CHS may require upwards of 5 percent of the award amount to be returned to the COUNTY,at the discretion of the Board. • RECIPIENT may be denied future consideration,as set forth in Resolution No. 2013- 228. C. If RECIPIENT remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS by certified mail of their substantial noncompliance,CHS may require a portion of the awarded amount be returned to the COUNTY. • CHS may require upwards of 10 percent of the award amount be returned to the COUNTY,at the discretion of the Board. • RECIPIENT will be in violation of Resolution No. 2013-228. D. If after repeated notification RECIPIENT continues to be substantially noncompliant,CHS may recommend the Agreement or award be terminated. • • CHS will make a recommendation to the Board to immediately terminate the Agreement. The RECIPIENT will be required to repay all funds disbursed by the COUNTY for the terminated project. This includes the amount invested by the COUNTY for the Initial acquisition of properties or other activities,if applicable. • The RECIPIENT will be in violation of Resolution No. 2013-228. If RECIPIENT has multiple agreements with CHS and is found to be noncompliant. the above sanctions may be imposed across all awards,at the Board's discretion. 2.8 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports and the resolution of monitoring findings required by this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, RECIPIENT shall submit quarterly performance reports to the COUNTY on the 30th day of January, April,July, and October, respectively, for the prior quarter period end. Exhibit C is the reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee, if the Program changes, the need for additional intbrmation or documentation arises, and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS AND ASSIGNMENT Any work or services subcontracted by the RECIPIENT shall be by written contract or agreement. Such subcontracts shall be subject to each provision of this Agreement and applicable County, NAMI Collier County State Mandated Services 2024-2025 Page Mental Health Services State, and Federal guidelines and regulations. RECIPIENT shall submit such subcontracts to CHS for review and approval, prior to execution. None of the work or services covered by the Agreement, including but not limited to consultant work or services, shall be subcontracted by the RECIPIENT or reimbursed by the COUNTY, without prior written approval of the CHS Director or designee. RECIPIENT shall not assign this Agreement or any part thereof,without the prior written consent of the COUNTY. Any attempt to assign or otherwise transfer this Agreement or any pait herein, without the COUNTY's consent, shall be void, If RECIPIENT does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume all of RECIPIENT'S obligations and responsibilities that it has assumed toward the COUNTY. If an assignment of this Agreement is approved by the COUNTY, RECIPIENT shall be relieved of all obligations under this Agreement arising after any assignment. 3.2 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. The RECIPIENT shall always remain an"independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation insurance as RECIPIENT is independent from the COUNTY. 3.3 AMENDMENTS The COUNTY or RECIPIENT may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or RECIPIENT from its obligations under this Agreement, The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or governmental guidelines, policies, available funding amounts, or other reasons. If such amendments result in a change in the funding, scope of services, or schedule of activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both COUNTY and RECIPIENT. 3.4 INDEMNIFICATION To the maximum extent permitted by Florida law, RECIPIENT shall indemnify and hold harmless Collier County, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of RECIPIENT or any of its agents, officers, employees,contractors, patrons,guests,clients,licensees, Invitees,or any persons acting under the direction,control,or supervision of RECIPIENT, in the performance of this Agreement. This indemnification obligation shall not be construed to negate,abridge,or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph.The RECIPIENT shall pay all claims and losses of any nature whatsoever in connection NAMi Collier County State Mandated Services 2024.2025 page 9 Mental Health Services therewith, defend all suits in the name of the COUNTY, and pay all costs (including attonney's fees)and judgments which may issue thereon. This indemnification shall survive the termination and/or expiration of this Agreement.This section does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. 3.5 DEFAULTS,REMEDIES,AND TERMINATION This Agreement may be terminated for convenience by either the COUNTY or RECIPIENT, in whole or in part,with a thirty(30)day written notice setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. The following actions or inactions by RECIPIENT shall constitute a Default under this Agreement: A. RECIPIENT's failure to comply with any of the rules, regulations, or provisions referred to herein,or such statutes,regulations,executive orders,and/or State of Florida guidelines, policies,or directives as may become applicable at any time B. RECIPIENT's failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner C. RECIPIENT's ineffective or improper use of funds provided under this Agreement D. RECIPIENT'S submission of reports that are incorrect or incomplete in any material respect E. RECIPIENT's submission of any false certification F. RECIPIENT's failure to materially comply with any terms of this Agreement 0. RECIPIENT's failure to materially comply with the terms of any other agreement between the COUNTY and RECIPIENT, relating to the project In the event of any default by RECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part B. Require the use of or change in mental health provider C. Require RECIPIENT to immediately repay to the COUNTY all funds that RECIPIENT has received under this Agreement D. Apply sanctions. if determined by the COUNTY to be applicable E. Stop all payments until identified deficiencies are corrected NAM!Collier County State Mandated Services 2024-2025 Nu In Mental Health Services F. Terminate this Agreement,by giving written notice to RECIPIENT specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, RECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.6 INSURANCE RECIPIENT shall not commence any work and/or services pursuant to this Agreement, until all required insurance, as outlined in Exhibit A, has been obtained. Said insurance shall be carried continuously during RECIPIEN`I"s performance under the Agreement. 3.7 SUSPENSION AND DEBARMENT RECIPIENT certities that neither it nor its principals are presently debarred, suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by a Federal Department or agency. In addition,RECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a suspended or debarred contractor or vendor, as outlined in Executive Orders 12549 (1986) and 12689 (1989), Suspension and Debarment, and 2 CFR 200,214,as further detailed in Section 4.18. 3.8 PURCHASING RECIPIENT is required to follow Collier County's Procurement Ordinance#2017-08,as amended. Current COUNTY purchasing thresholds-are: Range: Competition Required $0-$50,000 3 Written Quotes $50,001+ Formal Solicitation(1TB,RFP,etc.) All improvements specified in Part I Scope of Work shall be performed by RECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to the COUNTY and Federal requirements. RECIPIENT shall enter contracts with the lowest,responsible,and qualified bidder, RECIPIENT shall manage and CHS shall monitor contract administration. CHS shall have access to all records and documents related to the Project. 3.9 CIVIL RIGHTS COMPLIANCE The RECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination based on race, color, disability,national origin, religion, age, familial status,or sex under any activity curried out by the performance of this Agreement. Upon receipt of evidence of such discrimination,the COUNTY shall have the right to terminate this Agreement. 3.10 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The RECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement.As used in this Agreement,the term "small business"means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and NAMI Collier County State Mandated Services 2024.2025 Page I I Mental Health Services "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 Black Americans, Hispanic Americans, Asian/Pacific Americans, Native Americans and Hasidic Jews. RECIPIENT may rely on written representations by businesses regarding their status as minority and women's business enterprises in lieu of an independent investigation. 3.11 CONFLICT OF INTEREST The RECIPIENT covenants that no person under its employ,who presently exercises any functions or responsibilities in connection with the Program, has any personal financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required in this Agreement. RECIPIENT further agrees that it will not employ or subcontract any person having any conflict of interest. The RECIPIENT covenants that it will comply with all provisions of Florida Statute 287.057 and any additional State and County statutes,regulations,ordinances,or resolutions governing conflicts of interest. The RECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled, in whole or in part,by RECIPIENT.The COUNTY may review the proposed contract to ensure that the contractor is qualified,and costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion.This provision is not intended to limit RECIPIENT's ability to self-manage the projects using its own employees. 3.12 SUBJECT TO APPROPRIATION It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 3.13 INCIDENT REPORTING If RECIPIENT provides services to clients under this Agreement, RECIPENT and any subcontractors shall comply with Chapters 39.201,415.1034,435.03 and 435.04, Florida Statutes, and report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person,or disabled person to the COUNTY and the Florida Abuse Hotline(1-800-962-2873). During the term of this Agreement, RECIPIENT must report to the COUNTY in writing, within one business day of occurrence, any substantial, controversial, or newsworthy incidents. The Collier County Incident Report Form shall be used to report all such incidents. 3.14 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. PART iV GENERAL PROVISIONS 4.1 PERMITS,LICENSES,TAXES: In compliance with Section 218.80,Florida Statues,RECIPIENT shall obtain all permits necessary for the performance of the Work. Payment for all such permits NAMI Collier County State Mandated Services 2024-2025 Page 12 Mental Health Services issued by the COUNTY shall be processed internally by the COUNTY.All non-COUNTY permits necessary for the performance of the Work shall be procured and paid for by RECIPIENT. The RECIPIENT shall also be solely responsible for payment of all taxes levied on the RECIPIENT,In addition,RECIPIENT shall comply with all rules,regulations,and laws of Collier County,the State of Florida,or the U. S. Government now in force or hereafter adopted. The RECIPIENT agrees to comply with all laws governing the responsibility of an employer with respect to persons it em ploys. 4.2 NO IMPROPER USE: The RECIPIENT will not use,nor offer or permit any person to use in any manner whatsoever, COUNTY facilities for any improper, immoral, or offensive purpose or for any purpose in violation of any federal, state, county, or municipal ordinance, rule, order, or regulation,or any governmental rule or regulation now in effect or hereafter enacted or adopted, In the event of such violation by the RECIPIENT,or if the COUNTY or its authorized representative shall deem any conduct on the part of the RECIPIENT to be objectionable or Improper, the COUNTY shall have the right to suspend the Agreement. Should RECIPIENT fail to correct any such violation, conduct, or practice to the satisfaction of the COUNTY within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension will continue until the violation is cured, The RECIPIENT further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the COUNTY. 4.3 PROHIBITION OF GIFTS TO COUNTY EMPLOYEES:No organization or individual shall offer or give,either directly or indirectly, any favor,gift,loan,fee,service,or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III:,Florida Statutes, Collier County Ethics__ Ordinance No. 2004-53, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a) prohibition by the individual, firm, and/or any employee of the firm from contact with COUNTY staff for a specified period of time; b)prohibition by the individual and/or firm from doing business with the COUNTY for a specified period of time, including but not limited to submitting bids,RFPs,and/or quotes;and c) immediate termination for cause of any contract held by the individual and/or firm. 4.4 DRUG-FREE WORKPLACE: RECIPIENT agrees that it will provide drug-free workplaces, in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701), 4.5 IMMIGRATION LAW COMPLIANCE: By executing and entering into this Agreement, the RECIPIENT is formally acknowledging,without exception or stipulation,that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324,et seq, and regulations relating thereto,as either may be amended. RECIPIENT'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. https://www.eeoc.gov/eeoc/history/35th/thelaw/irca,htm 1 4.6 DISPUTE RESOLUTION: Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of RECIPIENT with full decision-making authority and by COUNTY's employee who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required NAMi Collier County State Mandated Services 2024-2025 Pale 13 Mental Health services hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes.The litigation arising out of this Agreement shall be adjudicated in Collier County,Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE RECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS AGREEMENT. https://www.tlsenate.gov/Laws/Statutes/2012/44.102 4.7 ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Agreement documents,the terms of the Agreement shall take precedence over the terms of all other Agreement documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Agreement documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement,the conflict shall be resolved by imposing the more strict or costly obligation under the Agreement documents upon NAMI at the County's discretion. 4.8 VENUE: Any suit or action brought by either party against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida,which courts have sole and exclusive jurisdiction on all such matters. 4.9 EQUAL EMPLOYMENT OPPORTUNITY: Executive Order 11246 ("Equal Employment Opportunity"),as amended by Executive Orders 11375 and 12086- which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246. hops://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended 4.10 EMPLOYMENT ELIGIBILITY: Per Florida Statute 448,095(3),all Florida private employers are required to verify employment eligibility for all new hires beginning January I, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http://www,leg.state.tl,us/statutes/index,cfin?App mode=Display Statute&URL=0400- 0499/0448/0448.html 4.11 RECORDS RETENTION: Florida Statutes 119,021 Records Retention http://www.leg.state,tl.us/Statutes/index.ctin?App rode=Displtyy Statute&URL=0100- 0 99/0119/Sections/0119.021.htmI 4.12 CONTRACTS AND PUBLIC RECORDS: Florida Statutes, 119,071, Contracts and Public Records http://www,leg,state.tl,us/Statutes/index.cfm?Apip mode=Displav 5tatute&URL=0100- 0199/0119/Sections/0119.071.html 4.13 CONVICTED VENDOR LiST: As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the RECIPIENT certifies that it, Its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list,maintained by the State of Florida Department of Management Services, within the 36 months immediately preceding the date hereof. This notice is required by § 287.133(3)(a), Florida Statutes. http://wwwJeg,state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search_String=&UR L=0200-0299/0287/Sections/0287.133.html NAMI Collier County State Mandated Services 2024-2025 Page 14 Mental Health Services 4.14 FALSE CLAIM: Criminal, or Civil Violation: RECIPIENT must promptly refer any credible evidence to COUNTY that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either(i)submitted a false claim for gam funds under the False Claims Act or(ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 4.15 POLITICAL ACTIVITIES PROHIBITED:None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. Remainder of Page Intentionally Left Blank Signature Page to Follow podogibils NAM I Collier County State Mandated Services 20242025 Page IS Mental Health Services IN WITNESS WHEREOF,RECIPIENT and COUNTY,have each respectively, by an authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST: ` BOARD OF COUNTY COMMISSIONERS OF CRYST. KIN�EI LERK COLLIER UNTY, FLORIDA + ' By: 4011+00*� - f r�, " Pe ut Clerk L. SAUN E S, CHAIRMAN , tv :�' `' Dated: '' '.gz5-'v ,(SEAL) Attest as to Chairma>ir^s Date: Z 25 / 25 signature oh,. AS TO RECIPIENT: WITN /---, NATIONAL ALLIANCE ON MENTAL ILLNESS ;g COLLIER COUNTY, INC. /to ss�I Signature By: 1--,7 L IE c gL v //; on C Siaf 2 BE ATCH, C EXECUTIVE OFFICER Wit 11 Printed Name n Date: JQiuwtiq , ,1 C )5 itness#2 Signature 'Le SI1e I Utcn.e..r Witness#2 Printed Name Appro e . • '•rtn and legality: 1111 Jeffrey! . Klatzkow Collier ounty Attorney Date: t '19/1 NAM1 Collier County State Mandated Services 2024-2025 Page 16 Mental Health Services EXHIBIT A INSURANCE REQUIREMENTS The RECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail,Suite 211,Naples,Florida 34112,Certificate(s)of Insurance evidencing insurance coverage that meets the requirements as outlined below: 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 Agreement, in an amount not less than$1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance,In the name of the RECIPIENT or the licensed design professional employed by the RECIPIENT, in an n amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing-or all sums whit I�the RECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the RECIPIENT or any person employed by the RECIPIENT in connection with this Agreement.This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the RECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an"All Risk" basis, in an amount not less than one hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall be in the name of Collier County and the RECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001), the RECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards,flood insurance under the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes(including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. NAMI Collier County State Mandated Services 2024.2025 Page 17 Mental Health Services 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an"All Risk"basis,in an amount not less than one hundred(100%) of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect to this coverage A.T.I,M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.1.M.A. NAMI Collier County State Mandated Services 2024.2025 Page IS Mental Health Services EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT RECIPIENT Name:National Alliance on Mental Illness Collier County, Inc. RECIPIENT Address: 5025 Castello Dr, Suite 101,Naples, FL 34103 Project Name: State Mandated Services 2024-2025 Project No: State Mandated Services 24-25_ Payment Request# Total Payment Minus Retainage Period of Availability: October 1,2024 _through September 30,2025 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Recipient CHS Approved 1. Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 4. Current Balance (Initial Award Amount minus $ $ previous requests) By signing this report, I certify to the best of my knowledge and belief that the information contained in this report is true, complete and accurate. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact,may subject me to criminal,civil,or administrative penalties for fraud, false statements, false claims or otherwise (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729- 3730 and 3801-3812). • Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor(Approval required $15,000 and Division Director(Approval Required above) $15,000 and above) NAMI Collier County State Mandated Services 2024-2025 Page 19 Mental Health Services EXHIBIT C QUARTERLY PERFORMANCE REPORT Recipient Name: NAMI Collier County Date: Project Number/Name: State Mandated Services 2024-2025 Program Contact: Beth Hatch Telephone Number: 239-260-7303 Activity Reporting Period Report Due Date October 1st—December 31st January 30th January 1"—March 31 St April 30th April 1"—June 30th July 30th July 1st—September 30th October 30th Performance Quarter 1 Quarter 2 Quarter 3 Quarter 4 Total Number Measures (10/1 (1/1 4/1 7/1 Number Unduplicated through through through through Unduplicated Clients to be 12/31) 3/31) 6/30) 9/30) Clients Served Served Number of Collier 3,500 County Unduplicated residents served Number of Service Units Delivered Required State Local Match Obligation I hereby certify the above information is true and accurate. Name: Signature: Title: Your typed name here represents your electronic signature NAMI Collier County State Mandated Services 2024-2025 Page 20 Mental Health Services EXHIBIT D ANNUAL AUDIT MONITORING REPORT If RECIPIENT expends $750,000 or more in State financial assistance during its fiscal year, it must have a State Single or Project Specific audit conducted in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),and Rules of the Auditor General.If RECIPIENT expends less than$750,000 in State financial assistance during its fiscal year, it shall provide certification to the COUNTY that single audit was not required. In determining State financial assistance expended, RECIPIENT must consider all sources of State financial assistance, including assistance received from Department of Children&Families,other State agencies,and other nonstate entities. This form may be used to monitor Florida Single Audit Act(Florida Statutes Section 215.97)requirements. Recipient Name First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY) Total State Financial Assistance Expended $ during most recently completed Fiscal Year Check A.or B. Check C if applicable A. The state expenditure threshold for our fiscal year ending as indicated above has been met and a Single n Audit as required by Section 215.97, Florida Statutes 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 requirements of Section 215.97,Florida Statutes because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ ❑ Are exempt for other reasons—explain An audited financial statement is attached and if applicable,the independent auditor's management letter. C.Findings were noted,a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains n a written response to the finding(s),we are requesting an updated status of the corrective action(s)being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions,procedures,policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date: Print Name and Title: 07/24/24 NAMI Collier County State Mandated Services 2024-2025 Page 21 Mental Health Services