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Backup Documents 11/10/2025 Item #16D 7
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D 7 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 11.10.25 BCC MTG 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. Carolyn Noble Community and Human CN 10.30.25 Services 2. County Attorney Office- County Attorney Office CL b l 1/o%- 3. BCC Office Board of County Commissioners f5, g/i Ifi3/zt 4. Minutes and Records Clerk of Court's Office / / !/ a5 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 Carolyn Noble Phone Number 239-450-5186 Contact/ Department Agenda Date Item was 11.10.25 BCC Mtg Agenda Item Number 16.D.7 Approved by the BCC Type of Document 3 DLC/CCSO BEHAVIORIAL HEALTH Number of Original 3 DOCUMENTS Attached INTERVENTION AGREEMENT Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK CN 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes 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 Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's YES signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A 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 aD time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on above date and all changes made during N/A is not the meeting have been incorporated in the attached document. The County CL D 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 CUD an option for Chairman's signature. this line. 16D7 CONTRACTOR AGREEMENT BETWEEN COLLIER COUNTY, COLLIER COUNTY SHERIFF'S OFFICE AND DAVID LAWRENCE MENTAL HEALTH CENTER,INC BEHAVIORAL HEALTH SERVICES. THIS CONTRACTOR AGREEMENT(AGREEMENT) is made and entered into on this ll f L day of 11 a,r,,.6d 2025 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`;Collier County Sheriffs Office (CCSO), authorized to do business under the laws of the State of Florida, having its principal address at 3319 Tamiami Trail East, Suite 218, Naples, FL 34112;!and David Lawrence Mental Health Center, Inc,(CONTRACTOR) 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, having its principal address at 6075 Bathey Lane,Naples,FL 34116. WHEREAS,Section 125.01(1)(e), Florida Statutes,authorizes the COUNTY to provide health welfare programs for the residents of Collier County to the extent not inconsistent with general or special law; and WHEREAS, the establishment and maintenance of such programs are in the common interest of the people of Collier County; and WHEREAS, the COUNTY and CCSO desire to establish behavioral health services to enhance the services provided to those in Collier County experiencing mental health challenges in the community and in jail;and WHEREAS, David Lawrence Mental Health Center, Inc., (CONTRACTOR) is a community mental health center licensed by the State of Florida and provides a full continuum of mental health and addiction treatment services and as such employs qualified mental health clinicians to serve its clients in Southwest Florida; and WHEREAS, CONTRACTOR supports the efforts by the COUNTY and CCSO in enhancing behavioral health services for Collier County residents and inmates in the jail, and agrees to provide the qualified staff as described below; NOW THEREFORE,in consideration of the foregoing and the mutual benefits contained herein,it is agreed by the Parties as follows: ;DAVID LAWRENCE CENTER MC. bHIT25-01 1 `Behavioral Health Intervention Team Services f F`' 1 6 D7 PART I SCOPE OF SERVICES The CONTRACTOR 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 and CCSO,perform the tasks necessary to provide mental health services to residents of Collier County. Project Name:(Behavioral Health Services Description of Project::CONTRACTOR shall provide the services required by components outlined below(i.e.,40 hours per week,excluding paid time off for vacation,holiday,sick time, and other time away from work in accordance with CONTRACTOR'S human resources policies): Project Component One:I Behavioral Health Intervention Team(BRIT)Licensed Clinician: The licensed clinician will participate on all calls with law enforcement in co-response for the BHIT, and DLC staff shall assist with risk management, provide wellness checks for clients,and provide referral services and linkage with the appropriate service to clients. Project Component Two: Baker Act-Related Psychiatric Services and Coordination: CONTRACTOR shall provide services for Collier County jail inmates who are under Baker Act that the CONTRACTOR is unable to accept at its facility, by providing availability of a Psychiatrist (MD/DO) or Advanced Practice Registered Nurse (APRN), and Baker Act Coordinator (BAC) for 12 hours (including travel time to jail and/or courthouse)each,per week, Monday-Friday. (Baker Act Related Psychiatric Services: The Psychiatrist(MD/DO)or Advanced Practice Registered Nurse(APRN)will: • Complete Baker Act-mandated evaluations,perform medication consultations,and satisfy Baker Act release/discharge.Telehealth may be utilized,when necessary,as agreed by the parties. • Consult with CCSO contracted medical staff regarding medication recommendations and client prognoses. These services may be completed via telehealth. • Attend Baker Act-related hearings and court proceedings. Such participation will be in-person unless the magistrate provides express permission for participation via video conference. , 2 DAVID LAWRENCE CENTER INC. ;BHIT25-01 ;Behavioral Health Intervention Team Services 1 ICAO 16D7 The Baker Act Coordinator(BAC)will: • Complete all necessary Baker Act-related paperwork. • Attend Baker Act-related hearings and court proceedings as needed to represent CONTRACTOR. Such participation will be in-person unless the magistrate provides express permission for participation via video conference. Project Component Three: Project Recovery Substance Use Treatment Program (PRP). The CONTRACTOR will operate an intensive outpatient program for substance use disorders for inmates in the Naples Jail Center, All professionals provided by CONTRACTOR will: • Be licensed, certified or registered (as appropriate in the respective areas of expertise pursuant to applicable law). • Have personnel files which shall include, but are limited to proof of professional certification,position responsibilities,and annual security training certification. Staffing Matrix ;Position* FTE Paid Rate Benefits Fully Rate Loaded Rate Qualified Behavioral Health 1 $32.46 $7.47 $39.93 Professional-BHIT Psychiatrist(MD/DO)—Baker Act 0.20 $164.54 $37.84 $202.38 Advanced Practice Registered Nurse — 0.20 $79.62 $18.31 $97.93 (APRN)—Baker Act Baker Act Coordinator—Baker Act 0.30 $26,04 $5.99 $32.03 Qualified Behavioral Supervisor, Licensed Clinician or master's level registered intern expected to achieve 1 $39.20 $9.02 $48.22 licensure within one year of starting Project Recovery Program(PRP) Supervisor role Licensed Addiction Counselor—PRP 1 $36.05 $8.29 $44.34 Addiction Counselor—PRP 1 $28.35 $6.52 $34.87 Total FTEs 4 *The staff positions listed above are salaried exempt.Assumes Monthly Staffing Reconciliations will include hours for vacation,sick,holiday,and training. 3 pAV1D LAWRENCE CENTER INC.f BH1T25-01 !'Behavioral Health Intervention Team Services CAO The paid rate and benefit rate are based on an annual negotiated rate by DLC and CCSO. DLC and CCSO will provide their negotiated rates to the COUNTY once determined each year but no later than September 1 annually. Project Tasks for Jail Services: t. Maintain documentation on all clients served, including but not limited to, biopsychosocial assessment, treatment plan, hold paperwork, clinical notes for each service. Clinical notes shall include client name, date of service, provider, length of service, mental status exam, diagnosis, intervention, client response, and plan for follow up. 2. Provide quarterly progress reports no later than the 30th day of the month following the quarter end to the CCSO Jail Health Services Administrator and at the request of CCSO administration.I 3. I Provide weekly report to CCSO Jail Administration to include the number of hours provided by the MD/DO and the Baker Act coordinator 1.1 POLICIES AND FORMS CONTRACTOR must submit the following Policies and Forms to CHS within 60 days of execution of this Agreement. ® Affirmative Action/Equal Employment Opportunity Policy ®I Conflict of Interest Policy(COI)and related COI Forms ®i Procurement Policy ®1 Sexual Harassment Policy ®l Section 504/ADA Policy ® Fraud, Waste,and Abuse Policy EliLanguage Assistance and Planning Policy(LAP) ®; Limited English Proficiency Policy(LEP) ®I Business Associate Agreement between DLC and CCSO 1.2 PROGRAM DETAILS A. Program Description/Program Budget Description Project Component 1:The licensed clinician will participate on all calls with law enforcement in co-response for the BHIT, and DLC staff shall assist with risk management, provide wellness checks for clients and provide referral services and linkage with the appropriate service to clients. Project Component 2: The Psychiatrist (MD/DO) Advanced Practice Registered Nurse (APRN) will complete Baker Act-mandated evaluations;perform medication consultations; satisfy Baker Act release/discharge and consult with YesCare Correctional Health medical staff regarding 4 iDAVID LAWRENCE CENTER INC. IBHIT25-0I I ;`Behavioral Health Intervention Team Services CM) 1 6 D 7 medication recommendations and client prognoses. These services may be completed via telehealth. The MD/DO will also attend Baker Act-related hearings and court proceedings. Such participation will be in-person unless the magistrate provides express permission for participation via video conference. ifhe Baker Act Coordinator(BAC)will complete all necessary Baker Act-related paperwork and attend Baker Act-related hearings and court proceedings as needed to represent CONTRACTOR. Such participation will be in-person unless the magistrate provides express permission for participation via video conference. Project Component 3: Project Recovery Substance Use Treatment Program (PRP). The CONTRACTOR will operate an intensive outpatient program for substance use disorders for inmates in the Naples Jail Center. Project Component 4: All professionals provided by CONTRACTOR will be licensed, certified or registered(as appropriate in the respective areas of expertise pursuant to applicable law). All personnel files shall include, but are limited to proof of professional certification, position responsibilities,and annual security training certifications. CONTRACTOR will accomplish the following checked project tasks: ®j Maintain and retain at CONTRACTOR location,client files,records,and any other client information,and provide to the COUNTY and/or CCSO as requested Ensure all client data, files, records, accounts, and any other information of any nature are maintained in accordance with the Health Insurance Portability and Privacy Act(HIPAA). El Enter all required data elements into the Collier County Data Collaborative. ® Provide Quarterly Performance Reports ® Identify Lead Program Manager ;® Ensure attendance by a representative from executive management at scheduled partnership meetings,as requested by CHS B. Performance Deliverables Program Deliverable Supporting Documentation Submission Schedule Insurance Proof of coverage in Within 30 days following accordance with Exhibit A and Agreement execution and Section 3.8 annually within 30 days after renewal Policies Policies as stated in this Within 60 days of Agreement Agreement execution Quarterly Performance Exhibit C Quarterly by 30th of the month Report following previous quarter end. 5 'DAVID LAWRENCE CENTER INC. BHIT25-01 behavioral Health Intervention Team Services C. O 16D7 Program Deliverable Supporting Documentation Submission Schedule HIPAA Business Associate Agreement between CCSO and Executed within 120 days Agreement CONTRACTOR following agreement execution Professional Licenses Copies of CONTRACTOR'S Upon agreement execution professional licenses,certified and annually,submitted to Jail or registered, (in their Administration. respective areas of expertise per State of Florida Law) allowing them to perform the obligations of this Agreement CCSO Security Training Certificate of Completion Upon Agreement execution and annually thereafter to be submitted to CCSO Administration Position Responsibilities Job Description Upon Agreement execution and at any time job description changes; submitted to CCSO Administration Annual Audit Monitoring Exhibit C Annually, within 60 days after Report CONTRACTOR'S fiscal year end Financial and Compliance Audit,Management Letter, and Annually: nine (9)months Audit Supporting Documentation after FY end for Single Audit OR one hundred eighty(180) days after FY end Conflict of Interest Form Subrecipient/Developer/Vendor Upon execution of the Conflict of Interest Disclosure Agreement for all employees Form who work on activities associated with the Project and upon hiring of all new employees Whistleblower Protections Exhibit E Upon execution of the Certification Agreement for all employees who work on activities associated with the Project and upon hiring of all new employees Affidavit Regarding Labor Affidavit Upon execution of the and Services(Trafficking) Agreement 6 DAVID LAWRENCE CENTER INC.I PHIT25-0I Behavioral Health Intervention Team Services j CA 0 1 6 D7 1.3 PERIOD OF PERFORMANCE CONTRACTOR'S services shall begin on;October 1, 2025!, and shall end on'September 30, 202 (Initial Term). With the mutual agreement of all parties,this Agreement may be extended for up to three(3)additional one(1)year terms. After the Initial Term, this Agreement may be terminated at any time, with or without cause. Any party may terminate this Agreement 90 calendar days after receipt of written notice of intent to terminate from the other parties. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. 1.4 PAYMENTS COUNTY will submit an invoice to CCSO for 'Five Hundred Ninety-Four Thousand, Two Hundred Thirty-Five Dollars and Ninety One cents ($594,235.91) as request for payment. COUNTY will transfer via intergovernmental transfer(IGT)at the time the Agency for Health Care Administration (AHCA) requests payment from the COUNTY for the Low-Income Pool (LIP) Program!but within no less than forty-five (45) days from request. The CONTRACTOR will provide all services outlined in this Agreement at no additional cost to CCSO or the COUNTY as the CONTRACTOR will be the direct receipt on LIP reimbursement at a matching rate that exceeds the CCSO payment to the COUNTY. CCSO will pay the COUNTY pursuant to the terms under this Agreement based on information provided by the Agency for HealthCare Administration (AHCA). The COUNTY shall remit the funds to AHCA annually and the matching funds shall be paid to the CONTRACTOR by AHCA for services to be delivered under this Agreement. Withholding or Cancellation of Funds. The COUNTY reserves the right to withhold payments, pending timely delivery of program reports or documents as may be required under this Agreement. CONTRACTOR agrees that Funds determined by the COUNTY to be surplus upon completion of the program will be subject to cancellation by the COUNTY. The COUNTY shall be relieved of any obligation for payment if funds allocated to the COUNTY from CCSO cease to be available for any cause other than misfeasance of the COUNTY itself. Payment may be suspended by the COUNTY and CCSO in the event of a default by CONTRACTOR. Any CCSO Funds returned under this clause shall be returned to CCSO under these circumstances. 7 DAVID LAWRENCE CENTER INC. BH1T2S-01 Behavioral Health Intervention Team Services CA0 16D7 1.5 STANDARD OF CARE CONTRACTOR represents and warrants that it will perform the Services in a professional manner in compliance with all applicable laws and regulations and the highest ethical standards. In addition, CONTRACTOR represents and warrants any information that it may supply to COUNTY, CCSO,or their members during the term of this Agreement will have been obtained by CONTRACTOR lawfully and will not be confidential or proprietary to any third person or party. Nothing in this Agreement shall be construed as authorizing or encouraging CONTRACTOR to obtain information for the COUNTY or CCSO in violation of any third party's rights to copyright or trade secret protection. COUNTY and CCSO represent and warrant that their business activities will be conducted in a professional manner in compliance with all applicable laws and regulations and the highest ethical standards. In addition,COUNTY and CCSO represent and warrant that any information they may supply to CONTRACTOR or its members during the term of this Agreement (i)will have been obtained by COUNTY and/or CCSO lawfully, and (ii) will not be confidential or proprietary to any other party. Nothing in this Agreement shall be construed as authorizing or encouraging the COUNTY or CCSO to obtain information for CONTRACTOR in violation of any other party's rights to copyright or trade secret protection. 1.6 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 party may change the address to which notices are to be sent to it by giving written notice of such change to the other parties in the manner herein provided for giving notice. Any notice, request, instruction, or other document 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! Collier County Government Community and Human Services Division 2671 Airport Pulling Road, Suite 202 Naples,Florida 34112 Email:;Carolyn.noble@colliercountyfl.gov I Telephone:;(239)252-5321! CCSO ATTENTION: Marien Ruiz, General Accounting Manager Collier County Sheriffs Office 8 iDAVID LAWRENCE CENTER INC.i BHIT25-01 !Behavioral Health Intervention Team Services I CAO 16D7 3319 Tamiami Trail East Maples,FL 34112 Email: rlarien.ruiz@colliersheriff.org Telephone:1(239)252-08521 CONTRACTOR ATTENTION: Scott Burgess,CEO&President ibavid Lawrence Mental Health Center, Inc.1 !LL6_075 Bathey Lane Naples,Florida 34116 Email:Iscottb@dlcenters.org. Telephone:1(239) 354-1425I Remainder of this Page Intentionally Left Blank 9 !DAVID LAWRENCE CENTER INC. BH1T25-01 Behavioral Health Intcrvcntion Team Services 4.'1 0 1 16D7 PART II REQUIREMENTS 2.1 AUDITS During the term of this Agreement, CONTRACTOR shall submit to the COUNTY an Annual Audit Monitoring report(Exhibit,({)no later than 60 days after CONTRACTOR'S fiscal year end.In addition,CONTRACTOR shall submit to the COUNTY a financial and compliance Single Audit report, Management Letter, and supporting documentation nine (9) months (or audited financial statements, one hundred eighty (180) days for Subrecipients exempt from Single Audit)after the CONTRACTOR'S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. CONTRACTOR must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. CONTRACTOR'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.CONTRACTOR hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501 2.2 RECORDS AND DOCUMENTATION The CONTRACTOR and/or its subcontractors shall keep orderly and complete records of its accounts and operations related to the services provided under this Agreement for the entire term of the Agreement plus three (3) years. The CONTRACTOR and/or its subcontractors shall keep these records open to inspection by COUNTY personnel at reasonable hours during the entire term of this Agreement.If any litigation,claim,or audit commences prior to the expiration of the three (3) year period and extends beyond this period, the records must remain available until any litigation, claim, or audit has been resolved. Any person duly authorized by the COUNTY shall have full access to, and the right to examine any of said records during said period. Access to Protected Health Information(PHI)shall comply with federal laws and the Health Insurance Portability and Accountability Act(HIPAA). CONTRACTOR shall provide the public with access to public records on the same terms and conditions that the COUNTY and CCSO 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. CONTRACTOR shall ensure that exempt or confidential public records that are free from public records disclosure requirements are not disclosed. 10 'DAVID LAWRENCE CENTER INC.! BI•IIT25-01 ,:Behavioral Health Intervention Team Services 16D7 IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-0630, Samantha.Addisoncolliersheriff.org,3319 Tamiami Trail East,Naples, FL 34142. CONTRACTOR shall take reasonable cybersecurity and other measures to safeguard information including protected personally identifiable information (PII) and other types of information in accordance with 2 CFR 200.303(e).This includes information that HUD or the COUNTY designates as sensitive, or other information the COUNTY considers sensitive and is consistent with applicable Federal, State, and Local laws regarding privacy and responsibility over confidentiality. 2.3 HIPAA COMPLIANCE Some or all of the Services, and the files, books,accounts, records and other information of any nature, however recorded or stored (Records), and related to the Services provided by CONTRACTOR will be subject to the Health Insurance Portability and Accountability Act (HIPAA) and Section 394.4615, Florida Statutes. Accordingly, Records shall at all times belong to CONTRACTOR and to the extent possessed by COUNTY and CCSO, such possession shall be for the operation of the BRIT. The COUNTY and CCSO'S possession of the Records is solely for the purpose of enabling CONTRACTOR to enhance its performance hereunder and upon tennination of this Agreement, the COUNTY and CCSO shall return any Records in its custody or possession upon demand by CONTRACTOR. CONTRACTOR certifies that it will conduct all of its obligations under this Agreement in full compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and ensure the complete confidentiality of all participant medical information that may come into their possession during the term of this Agreement. CONTRACTOR shall provide the COUNTY and CCSO with a fully executed Business Associate Agreement as a requirement of this Agreement. 2.4 PROPRIETARY INFORMATION The COUNTY and CCSO recognize that all information that becomes known to CONTRACTOR through the provision of Services pursuant to the terms of this Agreement, 11 'DAVID LAWRENCE CENTER INC.1 IBHIT25-0I Behavioral Health Intervention Team Services CAO 1607 other than through public sources, has a commercial value to CONTRACTOR and/or its affiliates businesses, including but not limited to all inventions, know-how, formulas, compositions, processes (including manufacturing and production processes), ideas,data, computer programs, research and development, designs, drawings, specifications, plans and proposals, customer and all other information owned by CONTRACTOR and/or its affiliates which is not public information(collectively Proprietary Information),and is the sole property of CONTRACTOR and its affiliates. At all times, both during the term of this Agreement and thereafter, the COUNTY and CCSO agree to keep in the strictest confidence and trust all Proprietary Information and not to disclose to any third party any Proprietary Information without the prior express written consent of CONTRACTOR or until such Proprietary Information has,through no act of the COUNTY or CCSO or their agents or employees becomes publicly available.The COUNTY and CCSO agree to cause all of its employees having access to Proprietary Information to maintain confidentiality of all CONTRACTOR Proprietary Information. Upon termination of this Agreement, each party will return to the other party and its affiliates all documents, note, drawings, specifications, computer programs, plans, data, and other materials or copies of such materials containing or relating to any Proprietary Information developed by such party and/or its affiliates during the performance of this Agreement that any of the parties may have in their possession or control. The covenants contained in this section shall be construed as an agreement independent of any other provision in this Agreement,and the existence of any claim or cause of action of one party against another, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement of the provisions of this section. 2.5 MONITORING CONTRACTOR agrees that CHS and/or CCSO may carry out no fewer than one(1)annual on-site monitoring visit and evaluation of project activities, as determined necessary. At the COUNTY's or CCSO's discretion, a desktop review may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS or CCSO, CONTRACTOR shall submit information and status reports required by CHS or CCSO,to enable CHS to evaluate said progress and allow for completion of CBS's required reports. CONTRACTOR shall allow on-site monitoring by CHS or CCSO. Such site visits may be scheduled or unscheduled, as determined by CHS or CCSO. At any time during normal business hours and as often as the COUNTY and/or CCSO (and/or its representatives)may deem necessary,CONTRACTOR shall make available for 12 bAVID LAWRENCE CENTER INC. IBHIT25-01 ;Behavioral Health Intervention Team Services CAO 16D7 review, inspection, or audit all records, documentation, and any other data relating to all matters covered by the Agreement. COUNTY and/or CCSO will monitor CONTRACTOR'S performance in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the Funds provided under this Agreement. Substandard performance, as determined by COUNTY and/or CCSO, will constitute noncompliance with this Agreement. If CONTRACTOR does not take corrective action within a reasonable time period after being notified by CHS,Agreement suspension or termination procedures will be initiated. 2.6 PREVENTION OF FRAUD,WASTE,AND ABUSE CONTRACTOR shall establish, maintain, and utilize internal control systems and procedures necessary to prevent,detect,and correct incidents of fraud,waste,and abuse in the performance of this Agreement, and provide proper and effective management of all Program and Fiscal activities of the Agreement. CONTRACTOR'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 and CCSO. CONTRACTOR shall provide COUNTY and CCSO with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of this Agreement. CONTRACTOR shall fully cooperate with COUNTY'S and CCSO'S efforts to detect,investigate, and prevent fraud,waste,and abuse. CONTRACTOR may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to the COUNTY and/or CCSO or 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 any entity receiving funds from CHS. The escalation policy for noncompliance is as follows: 13 `DAVID LAWRENCE CENTER INC.I °BHIT25-01 'Behavioral Health Intervention Team Services ('At ' 16D7 1. Initial noncompliance may result in the COUNTY issuing Findings or Concerns to CONTRACTOR, which requires CONTRACTOR to submit a corrective action plan to CHS within 10 business days following issuance of the report. • CHS will be available to provide Technical Assistance (TA) to CONTRACTOR, as needed, in order to correct the noncompliance issue. 2. If CONTRACTOR fails to submit the corrective action plan to CHS in a timely manner, CHS may require CONTRACTOR to return a portion of the awarded grant Funds to the COUNTY. • CONTRACTOR may be denied future consideration, as set forth in Resolution No.2013-228. 3. If CONTRACTOR remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of their substantial noncompliance by certified mail, CHS may require CONTRACTOR to return to the COUNTY a portion of the awarded grant amount. • CONTRACTOR will be considered in violation of Resolution No. 2013-228. 4. If after repeated notification, CONTRACTOR continues to be substantially noncompliant, CHS may recommend termination of the Agreement or award. • CHS will make a recommendation to the Board to immediately terminate the Agreement. CONTRACTOR will be required to repay all Funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • CONTRACTOR will be considered in violation of Resolution No. 2013-228. If CONTRACTOR has multiple agreements with the COUNTY, 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 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. 14 !DAVID LAWRENCE CENTER INC. HIT25-Oi I Behavioral Health Intervention Team Services l 16D7 Reports showing lack of project activity may result in the issuance of a Notice of Non- Compliance. During the term of this Agreement, CONTRACTOR shall submit quarterly progress reports to the COUNTY on the 10th day of January,April,July,and October,respectively, for the prior quarter period end. As part of the report submitted in October, CONTRACTOR 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 C,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 information or documentation arises, or if legislative amendments are enacted. Reports and requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Remainder of Page Intentionally Left Blank 15 [AVID LAWRENCE CENTER INC. E HIT25-0I Behavioral Health Intervention Team Services ;''A` 1607 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY,which consent,if given at all,shall be at the COUNTY's sole discretion and judgment. CONTRACTOR shall cause all provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 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. CONTRACTOR shall always remain an "independent contractor" with respect to the services to be performed under this Agreement.The COUNTY and CCSO shall be exempt from payment of all Unemployment Compensation,FICA,retirement,life and/or medical insurance, and Workers' Compensation Insurance,as the CONTRACTOR is independent from the COUNTY and CCSO. 3.3 INDEPENDENT NONSOLICITATION Each party agrees that during the term of this Agreement and 12 months after the termination of this Agreement,such parties shall not directly or indirectly, or on behalf of any other person,form a partnership,corporation, association or entity: a) Call upon any of the employees, consultants, or representatives of such other party or its affiliates for the purpose of soliciting or inducing such employees, consultants,or representatives to discontinue their relationship with such party or its affiliates or to establish a separate relationship with such party or any business which is a competitor of such party;or b) Solicit, divert, or take away or attempt to solicit, divert, or take away any of the customers, clients,business,or patrons of the other parties. The covenants contained in this section of the Agreement shall be construed as an agreement independent of any other provision in this Agreement, and the existence of any claim or cause of action of one party against the other party or its affiliates whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by any party or its affiliates of the provisions of this section. 16 bAVID LAWRENCE CENTER INC.I bHIT25-OI !Behavioral Health Intervention Team Services CAt) 16D7 3.4 REASONABLENESS OF RESTRICTIONS The parties have carefully read and considered the provisions of this Agreement and, having done so, agree that the restrictions set forth in this Agreement (including but not limited to the time period of restrictions set forth)are fair and reasonable and are reasonably required for the protection of the interests of the parties and their affiliates and members, managers,officers,and employees.Notwithstanding the foregoing,in the event any part of the covenants set forth in this Agreement shall be held to be invalid or unenforceable, the remaining parts thereof shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included therein. In the event any provision relating to time period of restriction shall be declared, by a court of competent jurisdiction, to exceed the maximum time period of restriction such court deems reasonable and enforceable,said time period of restriction shall be deemed to become and thereafter be the maximum time period of restriction that such court deems reasonable and enforceable. 3.5 AMENDMENTS The COUNTY, CCSO or CONTRACTOR may amend this Agreement at any time, provided that such amendments make specific reference to this Agreement, are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY'S Board. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY,CCSO,or CONTRACTOR 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, available funding amounts, or other reasons. If such amendments result in a change in the funding, 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 the COUNTY, CCSO, and CONTRACTOR. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, CONTRACTOR shall indemnify and hold harmless the COUNTY, CCSO, and their 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 CONTRACTOR or any of its agents,officers,servants,employees,contractors,patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or 17 :DAVID LAWRENCE CENTER INC. BHIT25-0I Behavioral Health Intervention Team Services CAO 16D7 supervision of CONTRACTOR 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. CONTRACTOR shall pay all claims and losses of any nature whatsoever in connection therewith,shall defend all suits in the name of the COUNTY and CCSO, 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 or CCSO.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. Injunction: In the event of a breach by any party of the provisions of this Agreement, the non-breaching parties shall,in addition to any other rights and remedies available to them, at law or otherwise, be entitled to an injunction to be used by any court of competent jurisdiction enjoining and restraining the breaching party from committing any present violation or future violation of this Agreement. 3.7 DEFAULTS,REMEDIES,AND TERMINATION This Agreement may be terminated for convenience by the COUNTY, CCSO, or CONTRACTOR,in whole or in part, by setting forth the reasons for such termination,the effective date, and in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY or CCSO determines that the remaining portion of the award will not accomplish the purpose for which the award was made,the COUNTY or CCSO may terminate the award in its entirety.This Agreement may also be terminated by the COUNTY or CCSO if the award no longer effectuates the program goals or grantor agency priorities. Any party may terminate this Agreement immediately following ninety(90)days' written notification to the other parties documenting the occurrence of any of the following: a) In the event there is a change in the Office of the Sheriff due to an election, resignation,or death and the Sheriff elects makes the decision not to continue with this Agreement. b) CONTRACTOR or any of its principals are debarred, suspended, proposed for debarment or declared ineligible to participate in the State of Florida SPURS System under the provisions of Section 287.133(3)(a),Florida Statutes or pursuant to Rule 60A-1.006,F.A.C. 18 IDAVID LAWRENCE CENTER INC. BHIT25-0I !Behavioral Health intervention Team Services CAO 1 6 D7 The following actions or inactions by CONTRACTOR 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, CCSO or COUNTY guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. Ineffective or improper use of Funds provided under this Agreement. D. Submission of reports that are incorrect or incomplete in any material respect. E. 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,CCSO,and CONTRCTOR relating to the project. In the event of any default by CONTRACTOR under this Agreement, the COUNTY or CCSO 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,professional property management,if applicable. C. Require CONTRACTOR to immediately repay to the COUNTY or CCSO all Funds received under this Agreement. D. Apply sanctions,if COUNTY or CCSO determines them to be applicable. E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement by giving written notice to CONTRACTOR specifying the effective date of such termination. If the Agreement is terminated by the COUNTY or CCSO, as provided herein, CONTRACTOR shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.8 INSURANCE CONTRACTOR 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 CONTRACTOR'S performance under the Agreement. CONTRACTOR shall direct the defense of any third-party claim against any party hereto, giving rise to and Indemnity Event against CONTRACTOR arising or growing out of the prevision of Services hereunder, using legal counsel selected by CONTRACTOR. The COUNTY and CCSO shall direct the defense of any third-party claim against any party 19 tDAVID LAWRENCE CENTER INC. 9HIT25-01 Behavioral Health Intervention Team Services I CA0 16D7 hereto giving rise to an Indemnity Event against the COUNTY and/or CCSO arising or growing out of the provision of Services hereunder, using legal counsel selected by the COUNTY.The parties understand that legal counsel selected by a party shall communicate and otherwise reasonably cooperate with the legal counsel to the other party under this Section. The CONTRACTOR will include the COUNTY and CCSO as additional insured on all required insurance policies as outlined on Exhibit A. 3.9 CIVIL RIGHTS COMPLIANCE CONTRACTOR agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement based on race,color, disability,national origin,religion,age,familial status,or sex. Upon receipt of evidence of such discrimination, the COUNTY or CCSO shall have the right to terminate this Agreement. 3.10 CONFLICT OF INTEREST CONTRACTOR 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, in the Program, which would conflict in any manner or degree with the performance of this Agreement; and that CONTRACTOR shall not employ or subcontract with any person having any conflict of interest. The CONTRACTOR covenants that it will comply with all provisions of the State and County statutes, regulations,ordinances,or resolutions governing conflicts of interest.All CONTRACTOR employees who work on activities associated with this Agreement shall complete the Subrecipient/Developer/Vendor Conflict of Interest Disclosure Form prior to execution of this Agreement. Any employees hired later during the period of performance for this Agreement who will work on activities associated with this Agreement shall also complete and submit to the COUNTY and CCSO the Conflict of Interest Disclosure Form. CONTRACTOR will notify the COUNTY and CCSO in writing and seek COUNTY and CCSO 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 CONTRACTOR. The COUNTY and CCSO may review the proposed contract to ensure that the subcontractor is qualified,and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's and CCSO's sole discretion. This provision is not intended to limit CONTRACTOR'S ability to self-manage the Program using its own employees. 20 DAVID LAWRENCE CENTER INC. I13HIT25-01 Behavioral Health Intervention Team Services CAO 16D7 CONTRACTOR shall establish Conflict of Interest reporting requirements for its board members and staff to report their participation as a beneficiary in the program supported by this Agreement. Such reporting shall also incorporate reporting the participation of their family members who include a spouse or civil union partner, member of the same household, parent (including step- and in-law) grandparent (including step- and in-law), child(including step-)or grandchild(including step-),sibling(including step-and in-law), cousin,aunt,or uncle. 3.11 INCIDENT REPORTING If CONTRACTOR provides services to clients under this Agreement, CONTRACTOR and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person,or disabled person to the COUNTY and CCSO. During the term of this Agreement, CONTRACTOR must report to the COUNTY and CCSO in writing,within one business day of occurrence,any substantial,controversial,or newsworthy incidents.The Collier County Incident Report Form(Exhibit 0)'shall be used to report all such incidents. 3.12 SEVERABILITY Should any provision of this Agreement be determined unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. 3.13 MISCELLANEOUS CONTRACTOR, CCSO, and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. CONTRACTOR represents and warrants that the financial data, reports, and other information it furnished to the COUNTY and CCSO regarding the Program are accurate and complete, and financial disclosures fairly represent the financial position of CONTRACTOR. CONTRACTOR understands that client information collected under this Agreement is private and the use or disclosure of such information,when not directly connected with the administration of the COUNTY'S, CCSO'S, or CONTRACTOR'S responsibilities with 21 :DAVID LAWRENCE CENTER INC BHIT25-0I Behavioral Health Intervention Team Services CAO 16D7 respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in case of a minor,that of a responsible parent/guardian. CONTRACTOR certifies that it has the legal authority to receive the Funds under this Agreement, and its governing body has authorized the execution and acceptance of this Agreement. CONTRACTOR also certifies that the undersigned person has the authority to legally execute and bind CONTRACTOR to the terms of this Agreement. The section headings,subheadings,and numbers contained in this Agreement are included for convenience of reference only and shall not limit or otherwise affect the terms of this Agreement. If there is any conflict between any such headings, subheading, or numbers, and the text of this Agreements,the text shall control.Each of the statement set forth in the premises of this Agreement is incorporated in the Agreement as a valid and binding representation of the party or parties to whom it relates. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement;the Regulations; and all applicable Federal, State, and Municipal laws, ordinances, regulations, orders, and guidelines,including but not limited to any applicable regulations issued by the COUNTY and CCSO. The CONTRACTOR and/or its subcontractors shall obtain and possess throughout the term of this Agreements all licenses and permits applicable to its operations under federal, state,and local laws,and shall comply with all fire,health,and other applicable regulatory codes. Electronic Signatures. This Agreement, and related documents entered into in connection with this Agreement,are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. 3.14 WAIVER The COUNTY'S and/or CCSO's failure to act with respect to a breach by CONTRACTOR does not waive its right to act with respect to subsequent or similar breaches. The COUNTY'S and/or CCSO's failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. 22 ;DAVID LAWRENCE CENTER INC. �BHIT25-01 Behavioral Health Intervention Team Services I 1 6 D 7 3.15 BINDING EFFECT This Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. This Agreement expresses the whole and entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces any prior understandings or arrangements (whether written or oral) between the COUNTY, CCSO,and CONTRACTOR pertaining to the Services provided herein. Remainder of Page Intentionally Left Blank 23 'DAVID LAWRENCE CENTER INC. ItI3HIT25-01 Behavioral Health Intervention Team Services CAp 16D7 PART IV GENERAL PROVISIONS 4.1 CONTRACTOR and its subcontractors shall comply with Title VI of the Civil Rights Act of 1964 as amended,(42 USC 2000(d)),regarding persons served. https://wvvw.justice.gov/crt/fcs/TitleVI-Overview. 4.2 Title IX of the Education Amendments of 1972,as amended,20 USC 1681,which prohibits discrimination on the basis of sex in educational programs Title IX Of The Education Amendments Of 1972(justice.gov) 4.3 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR,state that it is an Equal Opportunity or Affirmative Action employer. Title VII of the Civil Rights Act of 1964 I U.S. Equal Employment Opportunity Commission(eeoc.gov) 4.4 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107,and 12086. Age Discrimination Act of 1975 https://www.govinfo.gov/content/pkg/USCODE-1996-title42/pdf/USCODE-1996-title42- chap76.pdf 11246: https://vvww.dol.gov/ofccp/regs/statutes/eo11246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-rder/11478.html 12107: https://www.archives.gov/federal-register/codification/executive- order/12107.html 12086: https://www.archives.gov/federal-register/codification/executive- order/12086.html 4.5 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 570.614 Subpart K. Section 504: https://www.hud.gov/sites/dfiles/documents/504compliance.pdf 29 USC 776: https://www.govinfo.gov/content/pkgfUSCODE-2010_ title29/html/US CODE-2010-title2 9-chap 16.htm 24 CFR 570.614:https://www.ecfr.lov/current/title-24/subtitle-B/chapter-V/subchapter C/part-S 70/subpart-K?toc=1. 4.6 The Americans with Disabilities Act of 1990: https://www.hug.gov/program offices/fair housing equal opp Americans with Disabilities Act of 1990,As Amended I ADA.gov 24 DAVID LAWRENCE CENTER INC. 'BHIT25-OI ;Behavioral Health Intervention Team Services 4,.'At! 1607 4.7 2 CFR 200.15 Never contract with the enemy. Federal agencies, recipients, and subrecipients are subject to the guidance implementing Never Contract with the Enemy in 2 CFR part 183. https://www.ecfr•.gov/current/title-2/subtitle-A/chapter-I Ippart-200/subpart-C/section- 200.215 https://www.ecfr.tov/current/title-2/subtitle-A/chapter-I/part-183 4.8 Immigration Reform and Control Act of 1986 S.1200 - 99th Congress (1985-1986): Immigration Reform and Control Act of 1986 I Congress.gov I Library of Congress 4.9 CONTRACTOR must certify that it will provide drug-free workplaces,in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title4l- chapl0-sec701 4.10 Limited English Proficiency: CONTRACTOR agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http:/Iwww.lep.gov. 4.11 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. CONTRACTOR agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See: https://oip.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details. 4.12 False Claim; Criminal, or Civil Violation: CONTRACTOR must promptly refer to COUNTY any credible evidence that a principal,employee,agent,contractor,subgrantee, subcontractor, or other person has either(i) submitted a false claim for grant 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 18 U.S. Code § 1001 - Statements or entries generally I U.S. Code I US Law(LII/Legal Information Institute(cornell.edu) 4.13 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. 4.14 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD ;DAVID LAWRENCE CENTER INC.I 25 IBI-IIT25-OI behavioral Health Intervention Team Services I ..fit) 1607 encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by HUD and to establish workplace safety policies and conduct education, awareness,and other outreach to decrease crashes caused by distracted drivers. Executive Order 13513 --Federal Leadership on Reducing Text Messaging while Driving whitehouse.gov(archives.gov) 4.15 Trafficking in Persons: CONTRCTOR agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the CONTRACTOR and any of its employees. The details of CONTRACTOR'S obligations related to prohibited conduct related to the trafficking of persons are posted at: https://oip ;ov/funding/Explore/ProhibitedConduct-Trafficking.htm. Pursuant to Florida Statues 787.06, CONTRACTOR attests that it does not use coercion for labor or services. CONTRACTOR shall provide an affidavit,under penalty of perjury, signed by an officer or representative of the organization attesting that it does not use coercion for labor services. http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700- 0799/0787/Sections/0787.06.html 4.16 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. Florida Statutes: https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part i Other possible site: http://www.leg_state.fl.us/Statutes/index.cfm?Appmode=Display Statute&URL=0100- 0199/0112/0112PartlllContentsIndex.html&StatuteYear=2021&Title=%2D%3E2021%2 D%3 EChapter%20112%2D%3 EPart%201I I Collier County- http://www.col liergov.net/home/showdocument?id=35137 4.17 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except that the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract 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 Contract Documents upon the Contractor at Owner's discretion. 4.18 Venue - Any suit of action brought by either party to this Agreement against the other party, relating to or arising out of this Agreement, must be brought in the appropriate 26 'DAVID LAWRENCE CENTER INC. 'BHIT25-01 Behavioral Health Intervention Team Services 1 6 D 7 federal or state courts,in Collier County,FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.19 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 CONTRACTOR with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution,and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 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 CONTRACTOR EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.20 As provided in §287.133,Florida Statutes,by entering into this Agreement or performing any work in furtherance hereof,the CONTRACTOR certifies that it,its affiliates,suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3)(a),Florida Statutes. http://www.Ieft.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search Strin g=&URL=0200-0299/0287/Sections/0287.133.html 4.21 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=0400- 0499/0448/0448.html For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the CONTRACTOR 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- 27 DAVID LAWRENCE CENTER INC. BH1T25-41 Behavioral Health Intervention Team Services CM 1 6 0 7 Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E- Verify@dhs.gov.dhs.gov. E-Verify employer agents can email E-Verify at E- VerifyEmployerAgent@dhs.gov. 4.22 Florida Statutes section 119.021 Records Retention Statutes&Constitution:View Statutes : Online Sunshine(state.fl.us) 4.23 Florida Statutes section 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.071.html 4.24 OSHA. Where CONTRACTOR employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous, or dangerous to the participant's health or safety. 4.25 Right to Know. Participants employed or trained for inherently dangerous occupations, e.g., fire or police jobs, shall be assigned to work in accordance with reasonable safety practices. The CONTRACTOR will comply with all applicable"Right to Know"Acts. 4.26 Whistleblower Protections: a. In accordance with 2 CFR 200.217 and 41 U.S.C. §4712,the CONTRACTOR may not discharge,demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract)or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury;or vii.A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. 28 DAVID LAWRENCE CENTER INC.I tBHIT25-0I Behavioral Health Intervention Team Services CAO 16D7 The CONTRACTOR shall inform its employees in writing of whistleblower rights and remedies provided under 2 CFR 200.217 and 41 U.S.C. 4712,in the predominant native language of the workforce. https://uscode.house.gov/view.xhtml?req=(title:4I%20section:4712%20edition:prelim) All CONTRACTOR employees directly involved with activities associated with this Agreement shall complete and submit to the COUNTY the Collier County Whistleblower Protections Certification form(Exhibit 0)prior to execution of this Agreement. Any new employees hired during the period of performance of this Agreement shall also complete and submit the form to the COUNTY. 4.27 Health Insurance Portability and Accountability Act (HIPAA): Should this Agreement involve CONTRACTOR access to protected health information(PHI)the CONTRACTOR shall be a"Business Associate"limited to the following permissible uses and disclosures. Reference to a section in the HIPAA Rules means the section as in effect or as amended. The CONTRACTOR shall assist the COUNTY in amending this Agreement to maintain compliance with HIPAA Rules and any other applicable law requirements.Any ambiguity in this section will be interpreted to permit compliance with the HIPAA Rules. Within the COUNTY,the Grant Manager has been designated the HIPAA privacy Officer. • Catch-all Definitions. The following terms as used in this section have the same meaning as those terms in the HIPAA Rules:Breach,Data Aggregation,Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required by Law, Security Incident,Unsecured Protected Health Information, and Use. • Specific Definitions: o Business Associate has the same meaning as the term"business associate" at 45 CFR§160.103. o Covered Entity has the same meaning as the team "covered entity" at 45 CFR§160.103,and for purposes of this Agreement includes the COUNTY. o HIPAA Rules will mean the Privacy, Security, Breach Notification and Enforcement Rules at 45 CFR Parts 160 and 164. o Subcontractor has the same meaning as the term subcontractor at 45 CFR. §160.103 and includes individuals to whom a Business Associate delegates a function, activity, or service other than as a member of the workforce of such Business Associate. 4.28 CONTRACTOR Obligations and Activities. The CONTRACTOR shall: • Not use or disclose PHI except as permitted or required by section 4.22 above, or by law. • Use the appropriate administrative safeguards in 45 CFR § 164.308, physical safeguards in 45 CFR § 164.310, and technical safeguards in 45 CFR § 164.312; including policies and procedures regarding the protection of PHI in 45 CFR § 29 'DAVID LAWRENCE CENTER INC. 1BH1T25-01 lehavioral Health Intervention Team Services CA( 16D7 164.316 and the provisions of training on such policies and procedures to applicable employees, independent providers, and volunteers, that reasonably and appropriately protect the confidentiality, integrity, and availability of the PHI Provider may create, receive, maintain or transmit on the CONTRACTOR'S behalf. • Acknowledge that the foregoing safeguards,policies,and procedures requirements apply to the CONTRACTOR in the same manner as such requirements apply to the COUNTY and CCSO; and the CONTRACTOR and its subcontractors are directly liable under the civil and criminal enforcement provisions § 13409 and 13410 of the HITECH Act,45 CFR§ 164.500 and 164.502(E)of the Privacy Rule(42 U.S.C. 1320d-5 and 1320d-6), as amended, for failure to comply with the safeguards, policies, and procedures requirements and resulting U.S. Health and Human Services(HHS)guidance thereon. • Report to the COUNTY any use or disclosure of PHI not permitted by section 4.22 above, including breaches of unsecured PHI as required at 45 CFR § 164.410,and any security incident. • Notify the COUNTY'S HIPAA Security Officer, HIPAA Privacy Officer, and Grant Manager within 120 hours after finding a breach or potential breach of personal and confidential data. • Notify the COUNTY'S HIPAA Privacy Officer and Grant Manager within 24 hours of HHS notification of any investigations, compliance reviews, or inquiries concerning violations of HIPAA. • Provide additional information requested by the COUNTY for investigation of or response to a breach. • Provide, at no cost, notice to affected parties within 30 days of determination of any potential breach of personal or confidential data of the Department(§ 501.171, F.S.); implementation of the COUNTY'S prescribed measures to avoid or mitigate potential injury to any person due to a breach or potential breach of personal and confidential data of the COUNTY; and, immediate actions limiting or avoiding recurrence of any breach or potential breach and any actions required by applicable federal and state laws and regulations regardless of the COUNTY'S actions. • In accordance with 45 CFR § 164.502(e)(1)(ii) and 164.308(b)(2), as applicable, ensure all entities creating, receiving, maintaining, or transmitting PHI on the CONTRACTOR'S behalf are bound to the same restrictions, conditions, and requirements as the CONTRACTOR by written contract or other written agreement meeting the applicable requirements of 45 CFR§ 164.504(e)(2)that the entity will appropriately safeguard the PHI. For prior contracts or other arrangements, the CONTRACTOR shall provide written certification its implementation complies with 45 CFR§ 164.532(d). • Make PHI available in a designated record set to the COUNTY as necessary to satisfy the COUNTY'S 45 CFR§ 164.524 obligations. • Make any amendment to PHI in a designated record set as directed or agreed to by the COUNTY,per 45 CFR§ 164.526,or take other measures as necessary to satisfy the COUNTY'S 45 CFR § 164.526 obligations. 30 'DAVID LAWRENCE CENTER INC. BHIT25.0I Behavioral Health Intervention Team Services CA 1607 • Maintain and make available the information required to provide an accounting of disclosures to a covered entity as needed to satisfy the COUNTY'S 45 CFR § 164.528 obligations. • To the extent the CONTRACTOR carries any obligation under 45 CFR Subpart E, comply with the requirement of Subpart E that apply to the COUNTY in the performance of that obligation; and • Make internal practices, books, and records available to HHS for determining HIPAA rule compliance. 4.29 COUNTY Notifications Affecting CONTRACTOR Disclosure of PHI.The COUNTY will notify the CONTRACTOR,to the extent it may affect CONTRACTOR'S use or disclosure of PHI, of 45 CFR§ 164.520 limitations in the Notice of Privacy Practices; of changes in, or revocation of,an individual's permission to use or disclose PHI; or of any restriction on the use or disclosure of PHI information the COUNTY has agreed to or is required to abide by under 45 CFR§ 164.522. 4.30 Termination Regarding PHI. • Termination for Cause. Upon the COUNTY'S knowledge of a material breach of the CONTRACTOR'S duties under 4.20 above, the COUNTY may: (a) provide the CONTRACTOR opportunity to cure the breach within the COUNTY'S specified timeframe;(b)immediately terminate the Agreement or discontinue access to PHI;or (c) if termination or cure are not feasible,the COUNTY will report the breach to the Secretary of HHS. • CONTRACTOR obligations under Termination.Upon termination,CONTRACTOR, with respect to PHI received from the COUNTY, or created,maintained, or received on behalf of the COUNTY, will: (a) retain on PHI necessary to continue proper management and administration or to carry out legal responsibilities; (b) return PHI not addressed in (a) to the COUNTY or its designee; (c) upon the COUNTY'S permission, destroy PHI the CONTRACTOR maintains in any form; (d) continue to use appropriate safeguards and comply with Subpart C of 45 CFR 164 with respect to electronic PHI to prevent use or disclosure of PHI, other than as provided for in (a) for retained PHI;(e)not use or disclose retained PHI other than for purposes for which PHI was retained and subject to the same conditions that applied prior to termination; and(f)comply with(b) and(c)when retained PHI is no longer needed under(a) • Obligations in the preceding paragraph survive termination. Signature Page to Follow 31 ':DAV►D LAWRENCE CENTER INC. pHIT25-01 ;Behavioral Health Intervention Team Services l 16D7 IN WITNESS WHEREOF,the CONTRACTOR, CCSO,and COUNTY have each respectively, by an authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST: AS TO COUNTY: CRYSTAL K. KINZEL,CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA ,Deputy Clerk Attest as to Chairman's By: '" ' rQ©'.Iy ^^nn�� lBi,,f4,19:,/~0.0*-- ;',,, . SN , HAIRPERSON; Dated iU i ,AlA2 J' Date: 11/1012.5 t§ ) AS TO;CCSO I' ESSES• ;COLLIER COUNTY SHERIFF'S OFFICE Witness#1 Si nature I By: b is I(ms tSt) OSK, SHERIFF I Wi ess#1 Pri Name Date: /IS —') 7 — ' '-- Wi ness#2 Si nature [Please provide evidence of signing authority] Witness#2 Printed Name AS TO:CONTRACTOR:I Approved as to form and legality: ,„. ..._..,b,,,5a.__ _____ LAVID LAWRENCE MENTAL HEALTH CENTER,INC. ;Courtney L.DaSilva 0)CT Assistant County Attorney I AILS�� By. I /10 /2c I,SCO "I'BU GE,S, CEO &PRESIDENT Date: Date: to / t f2bz 5- [Please provide evidence of signing authority] 32 IDAVID LAWRENCE CENTER INC. 1 }11T25-01 1 Behavioral Health Intervention Team Services 1 1 6I) 7 EXHIBIT A INSURANCE REQUIREMENTS The CONTRACTOR shall furnish to Collier County Board of County Commissioners, do Community and Human Services Division, 3339 Tamiami Trail East, Suite 213, 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 Board of County Commissioners 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 CONTRACTOR or the licensed design professional employed by the CON TRACTOR, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the CONTRACTOR and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the CONTRACTOR or any person employed by the CONTRACTOR 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 CONTRACTOR 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 Board of County Commissioners and the CONTRACTOR. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the CONTRACTOR shall assure that for activities located in an area CONTRACTOR NAME j Agreement Number! !Agreement Name 'A 16D7 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. 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 Board of County Commissioners 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 100 percent of the replacement cost of the property. Collier County Board of County Commissioners 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 Board of County Commissioners as a Loss Payee A.T.I.M.A. CONTRACTOR NAME !Agreement Number! agreement Name A i 16D7 EXHIBIT BI PROGRESS REPORT Contractor Name: David Lawrence Mental Health Center,Inc.(DLC) Report Period: Fiscal Year: Organization/s: Program: Contact Name: Contact Number: -- County-Wide Baker Acts Performance Measures 1st Quarter 2nd Cumulative 10/1-12/31 Quarter 3rd Quarter 4th Quarter To 1/1-3/31 4/1-6/30 7/1-9/30 Date Number of Persons Received at DLC under a Baker Act Number of Admissions delivered to DLC by CCSO under a Baker Act initiated by DLC Mobile Response Team(MRT) Number of Provider visits with CCJ inmates under a Baker Act Signature Date Title CONTRACTOR NAME agreement Number; Agreement Name CAO 16D7 EXHIBIT;C ANNUAL AUDIT MONITORING REPORT If CONTRACTOR 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 CONTRACTOR expends less than $750,000 in State financial assistance during its fiscal year, it shall provide certification to the COUNTY that single audit was not required. In determining State financial assistance expended, CONTRACTOR must consider all sources of State financial assistance, including assistance received from Department of Children& Families, other State agencies, and other nonstate entities. This form may be used to monitor Florida Single Audit Act (Florida Statutes Section 215.97) requirements. Contractor Name __ _ First Date of Fiscal YearjMMlDD/YY) Last Date of Fiscal Year(MM/DD/YY) Total State Financial Assistance Expended I$ 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 Audit as required by Section 215.97, Florida Statutes has been completed or will be completed by i. 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: 0 Did not exceed the expenditure threshold for the fiscal year indicated above 1--1! 0' 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. n" 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 - j Date:1 Print Name and Title: [ 07/24/24 ;CONTRACTOR NAME i Agreement Number` Agreement Name C'At) 1607 Collier County Community & Human Services Division EXHIBIT 0 1 INCIDENT REPORT FORM Organization Name: Organization Address: I Project No: I Grant Coordinator: 7-� —" Date of Incident: I Time of Incident: Tr- Report Submitted By: 1 (Name&Phone) Description of Incident: Location/Address of Incident: I _4 Was Police Report Filed? r0 k'es DI No If Yes,Police Report Number: 1 Jurisdiction: Were there any warning signs that this type of Incident could occur? JE hires I❑ Io If Yes, Explain: I What actions will be taken to prevent a recurrence of a similar incident? I 1 I certify under penalty of perjury under F.S.837.06 that the contents of this form are true and correct. Signature of Person Making Report Date ---- ._...._.---..-__-- Printed Name Title Return completed form to: Kristi Sonntag,Director,CHS Collier County Community and Human Services Division 3339 Tamiami Trail East,Bldg.H,Suite 213 Naples,FL 34112 Fax:(239)252-2638 1607 EXHIBIT*1 COLLIER COUNTY COMMUNITY&HUMAN SERVICES STAFF WHISTLEBLOWER PROTECTIONS CERTIFICATION Employee Name: In accordance with 2 CFR 200.217 and 41 U.S.C. § 4712,;CONTRACTOR NAM may not discharge, demote,or otherwise discriminate against a regular or contracted employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the regular or contracted employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds,an abuse of authority relating to a federal contract or grants,a substantial and specific danger to public health or safety, or a violation of law,rule, or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. The list of persons and entities referenced in the paragraph above includes the following: • A member of Congress or a representative of a committee of Congress • An Inspector General • The Government Accountability Office • A Treasury employee responsible for contract or grant oversight or management • An authorized official of the Department of Justice or other law enforcement agency • A court or grand jury • A management official or other employee of CONTACTOR, or subcontractor who has the responsibility to investigate,discover,or address misconduct ;CONTRACTOR NAME shall inform its employees in writing of whistleblower rights and remedies provided under section 41 U.S.C. §4712,in the predominant native language of the workforce. By signing this form,I certify that I have reviewed and understand my Whistleblower rights and remedies as provided above. Name: I Signature: Title: Your typed name here represents your electronic signature jilt