Agenda 07/11/2017 Item #16D 807/11/2017
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign three (3) sub-recipient
agreements with the David Lawrence Center (DLC) for $377,421, the Collier County Sheriff’s
Office (CCSO) in the amount of $524,089, and the National All iance of Mental Illness (NAMI) of
Collier County for $93,000 as a part of the three-year Criminal Justice Mental Health and
Substance Abuse (CJMHSA) Reinvestment Grant Program.
OBJECTIVE: To increase public safety, avert increased spending on the criminal justice system, and
improve the accessibility and effectiveness of treatment services for adults with mental illness and/or
substance use disorders.
CONSIDERATIONS: The CJMHSA Reinvestment Grant Program was created by the 2007 Florida
Legislature and housed within the Department of Children and Families (DCF). The purpose of the
program is to provide funding with which counties can plan, implement, or expand initiatives that
increase public safety, avert increased spending on criminal justice system, de crease admission to the
state forensic hospital, and improve the accessibility and effectiveness of treatment services for adults
who have a mental illness, a substance use disorder or a combination thereof, and who are in, or at risk of
entering, the criminal justice system.
On June 13, 2017, the Board approved the master agreement (Agenda item 16.D.4) between Collier
County and DCF. The total award is for $1,052,506 for a three-year period commencing July 1, 2017 and
ending June 30, 2020.
Collier County has been the recipient of this grant award for the last six years and has demonstrated
outstanding success. This award will allow for the continuation of the existing program. The funding will
provide diversion strategies and treatment efforts related to mental illness, substance abuse disorders, or
co-occurring mental health and substance abuse disorders to reduce the demand on the resources of the
judicial, corrections, and the health and social services system.
Collier County is continuing its collaboration with CCSO, DLC, and NAMI. The agreement with CCSO
is in the amount of $524,089, and this agreement is a cost reimbursement contract which requires a match
of $552,140. CCSO will provide the screening and reintegration services to those identified individuals
who will benefit from Forensic Intensive Reintegration Support Team (FIRST) services. CCSO will also
be responsible for ensuring that law enforcement personnel receive Crisis Intervention Team (CIT)
training.
The DLC award is in the amount of $377,421 and has a match of $349,737; this will be a fixed price/fixed
fee agreement. DLC will provide a myriad of services that include, but are not limited to, centralized
assessment services, case management, housing, incidental, therapy and other support services to those
enrolled clients in the FIRST Program. Payment will be made on a quarterly basis and payment will be
supported by documentation with performance objective identified in the agreement.
NAMI has been awarded $93,000 and has a match of $102,428. The NAMI agreement is a fixed
price/fixed fee agreement requiring NAMI to submit supporting performance documentation on a
quarterly basis. NAMI will provide the CIT training to emergency personnel and law enforcement
personnel as well as peer support specialist who will work closely with the clients of the FIRST Team.
FISCAL IMPACT: The proposed actions described in this executive summary have no new fiscal
impact. The funding source for these grant awards are the CJMHSA grant. This project is
07/11/2017
budgeted in the Human Services Grants Fund (707), CJMHSA project No. 33513. The CJMHSA
program requires a 100% match or $1,052,300, which will be funded by the three sub recipients
and CHS.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board approval. - JAB
RECOMMENDATION: To approve and authorize the Chairman to sign three sub-recipient agreements
with David Lawrence Center, Collier County Sheriff’s Office, and National Alliance of Mental Illness to
implement a three-year CJMHSA Grant.
Prepared by: Dawn Whelan, Grants Coordinator, Community and Human Services Division
ATTACHMENT(S)
1. CCSO CJMHSA Grant Agreement 2017-2020 (PDF)
2. DLC CJMHSA Grant Agreement 2017-2020 (PDF)
3. NAMI CJMHSA Grant Agreement 2017-2020 (PDF)
07/11/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.8
Doc ID: 3408
Item Summary: Recommendation to approve and authorize the Chairman to sign three (3) sub-
recipient agreements with the David Lawrence Center (DLC) for $377,421, the Collier County Sheriff’s
Office (CCSO) in the amount of $524,089, and the National Alliance of Mental Illness (NAMI) of Collier
County for $93,000 as a part of the three-year Criminal Justice Mental Health and Substance Abuse
(CJMHSA) Reinvestment Grant Program.
Meeting Date: 07/11/2017
Prepared by:
Title: – Community & Human Services
Name: Dawn Whelan
06/26/2017 10:44 AM
Submitted by:
Title: Division Director - Cmnty & Human Svc – Public Services Department
Name: Kimberley Grant
06/26/2017 10:44 AM
Approved By:
Review:
Public Services Department Joshua Hammond Additional Reviewer Completed 06/26/2017 12:58 PM
Public Services Department Sean Callahan Additional Reviewer Completed 06/27/2017 8:43 AM
Community & Human Services Blanca Aquino Luque Additional Reviewer Completed 06/27/2017 9:43 AM
Community & Human Services Kristi Sonntag Additional Reviewer Completed 06/27/2017 10:56 AM
Public Services Department Kimberley Grant Additional Reviewer Completed 06/27/2017 11:05 AM
Public Services Department Len Price Additional Reviewer Skipped 06/27/2017 5:09 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/27/2017 5:24 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/28/2017 3:07 PM
Grants Erica Robinson Level 2 Grants Review Completed 06/29/2017 10:45 AM
Grants Erica Robinson Additional Reviewer Completed 06/29/2017 10:46 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/29/2017 2:41 PM
Grants Therese Stanley Additional Reviewer Completed 06/30/2017 11:05 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/30/2017 12:00 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 07/02/2017 3:09 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/03/2017 1:55 PM
07/11/2017
Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM
A G R E E M E N T CIMHSA-002
For
Criminal Tustice Mental Health Substance Abuse Reinvestment Grant
THIS CONTRACT, made and entered into on this day of 2017, by and
between Collier County Sheriff Office authorized to do business in the State of Florida,
whose business address is 3319 Tamiami Trail E. Naples, Florida 34116, the
"Subrecipient" and Collier County, a political subdivision of the State of Florida, (the
"County"):
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants and obligations
herein, the Parties agree as follows:
1. CONTRACT DOCUMENT
This contract is composed of Sections 1 through 47 hereof, as well as Exhibits A-
I and any exhibits referenced in said attachments, together with any documents
incorporated by reference, which contain all the terms and conditions agreed
upon by both parties.
2. CONTRACT TERM
Services of the SUBRECIPIENT shall start on the 1St day of July, 2017 and end on
the 30th day of June, 2020. The term of this Agreement and the provisions herein
may be extended by amendment to cover any additional time period.
3. STATEMENT OF WORK
The Subrecipient shall provide services in accordance with the terms and
conditions of Criminal Justice Mental Health and Substance Abuse
Reinvestment Grant Application and the Subrecipient's proposal referred to
herein and made an integral part of this Contract. This Contract contains the
entire understanding between the parties and any modifications to this Contract
shall be mutually agreed upon in writing by the Parties, in compliance with the
County's Procedures in effect at the time such services are authorized.
The Subrecipient shall perform all tasks and provide units of deliverables,
including reports, findings, and drafts, as specified in this Contract. These
deliverables must be received and accepted by the Grant Coordinator in
conjunction with the pay requests, subject to audit and review and to the
satisfaction of the County. The County's determination of acceptance shall be
conclusive. The County's receipt of reports and other submissions by the
Subrecipient does not constitute acceptance thereof.
4. PERFORMANCE MEASURES
4.1 Performance Measures for Acceptance of Deliverables. The performance
measures for the acceptance of deliverables are set forth in Exhibit C, D and E.
4.2 Minimum Performance Measures. To avoid termination the Subrecipients
performance must meet the minimum performance standard set forth in Exhibit C, D and
E. By execution of this contract the Subrecipient acknowledges and agrees that its
performance under the Contract must meet these Minimum Performance Measures and
that it will be bound by the conditions set forth therein. If the Subrecipient fails to meet
these standards, the County, at its exclusive option, may allow a reasonable period, not
to exceed 2 quarters, for the Subrecipient to correct performance deficiencies. If
performance deficiencies are not resolved, the County at its discretion may terminate the
Contract and request repayment of any or all payments made prior.
5. THE CONTRACT SUM
The County shall pay Subrecipient for the performance of this Contract a maximum
amount of Five Hundred and Twenty -Four Thousand Eighty -Nine Dollars and
Zero cents ($524,089). The County's performance and obligation to pay under this
Contract is contingent upon the County's contract with the Department of Children
and Families Contract and annual appropriation by the Legislature and the Board
of County Commissioners.
6. PAYMENT
Payment will be made upon receipt of a proper invoice and supporting
documentation and upon approval by the Grant Coordinator or his designee, and
in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act" and in accordance with Exhibit F.
6.1 Generally. The subrecipient shall submit bills for fees or other compensation for
services or expenses in sufficient detail to conduct a pre -audit and post -audit.
6.2 Final Invoice. Payments will be made for services furnished, delivered, and
accepted, upon receipt and approval of invoices submitted on the date of services
or within thirty (30) days after completion of contract. Any untimely submission of
invoices beyond the specified deadline period is subject to non-payment under the
legal doctrine of "laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this Contract.
7. INDEPENDENT CONTRACTOR, SUBCONTRACTING, AND ASSIGNMENT
7.1 In performing its obligations under this Contract, the Subrecipient shall at all
times be acting in the capacity of an independent contractor and not as an officer,
employee, or agent of the State of Florida or the County, except where the
Subrecipient is a State agency. Neither the Subrecipient nor any of its agents,
employees, subcontractors or assignees shall represent to others that it is an
agent of or has the authority to bind the County by virtue of this Contract, unless
specifically authorized in writing to do so. This Contract does not create any
right in any individual to State or County retirement, leave benefits or any other
benefits of State employees as a result of performing the duties or obligations of
this Contract.
7.2 The Subrecipient shall take such actions as may be necessary to ensure that it
and each subcontractor of the Subrecipient will be deemed to be an independent
contractor and will not be considered or permitted to be an officer, employee, or
agent of the State of Florida. The County will not furnish services of support (e.g.,
office space, office supplies, telephone service, secretarial or clerical support) to
the Subrecipient, or its subcontractor or assignee, unless specifically agreed to by
the County in this Contract. All deductions for social security, withholding taxes,
income taxes, contributions to unemployment compensation funds and all
necessary insurance for the Subrecipient, the Subrecipient's officers, employees,
agents, subcontractors, or assignees shall be the sole responsibility of the
Subrecipient and its subcontractors. The parties agree that no joint employment is
intended and that, regardless of any provision directing the manner of provision
of services, the Subrecipient and its subcontractors alone shall be responsible for
the supervision, control, hiring and firing, rates of pay and terms and conditions
of employment of their own employees.
7.3 The Subrecipient shall not assign its responsibilities under this Contract to
another party, in whole or part, without prior written approval of the County,
upon the County's sole determination that such assignment will not adversely
affect the public interest. No payment shall be made under this Contract to any
factor or other person who has been assigned or transferred the right to receive
payment in lieu of or on behalf of the Subrecipient except upon full and faithful
performance of the Subrecipient's duties hereunder. Any assignment or transfer
occurring without prior approval of the County shall be null and void. The
Subrecipient shall not subcontract for any of the work contemplated under this
Contract without prior written approval of the County, which shall not be
unreasonably withheld.
7.4 The County shall at all times be entitled to assign or transfer, in whole or part,
its rights, duties, or obligations under this Contract to another governmental
agency in the State of Florida or to a Subrecipient of the County's selection, upon
giving prior written notice to the Subrecipient. In the event of assignment by
either party, this Contract shall remain binding upon the lawful successors in
interest of the Subrecipient and the County.
7.5 The Subrecipient is responsible for all work performed and for all
commodities produced pursuant to this Contract whether actually furnished by
the Subrecipient or by its subcontractors. Any subcontracts shall be evidenced by
a written document. The Subrecipient further agrees that the County shall not be
liable to the subcontractor in any way or for any reason relating to this Contract.
7.6 The Subrecipient shall include, in all subcontracts (at any tier) the substance of
all clauses contained in this Contract that mention or describe subcontract
compliance, as well as all clauses applicable to that portion of the Subrecipient's
performance being performed by or through the subcontract.
8. SUBRECIPIENT INDEMNITY
Section 19 of PUR 1000 Form shall apply per its terms, except that the phrase "arising
from or relating to personal injury and damage to real or personal tangible property" in
the first paragraph is replaced with "arising out of or by reason of the execution of this
Contract or arising from or relating to any alleged act or omission by the Subrecipient,
its agents, employees, partners, or subcontractors in relation to this Contract," and the
following additional terms will also apply:
8.1 If the Subrecipient removes an infringing product because it is not reasonably
able to modify that product or secure the County the right to continue to use that
product, the Subrecipient shall immediately replace that product with a non -
infringing product that the County determines to be of equal or better
functionality or be liable for the County's cost in so doing.
9. INTELLECTUAL PROPERTY
It is agreed that all intellectual property, inventions, written or electronically created
materials, including manuals, presentations, films, or other copyrightable materials,
arising in relation to Subrecipient's performance under this Contract, and the
performance of all of its officers, agents and subcontractors in relation to this
Contract, are works for hire for the benefit of the County, fully compensated for by
the contract amount, and that neither the Subrecipient nor any of its officers, agents
nor subcontractors may claim any interest in any intellectual property rights accruing
under or in connection with the performance of this Contract. It is specifically agreed
that the County shall have exclusive rights to all data processing software falling
within the terms of section 119.084, F.S., which arises or is developed in the course of
or as a result of work or services performed under this Contract, or in any way
connected herewith. Notwithstanding the foregoing provision, if the Subrecipient is a
university and a member of the State University System of Florida, then section
1004.23, F.S., shall apply.
9.1 If the Subrecipient uses or delivers to the County for its use or the use of its
employees, agents or contractors, any design, device, or materials covered by
letters, patent, or copyright, it is mutually agreed and understood that, the
compensation paid pursuant to this Contract includes all royalties or costs
arising from the use of such design, device, or materials in any way involved in
the work contemplated by this Contract. For purposes of this provision, the term
"use" shall include use by the Subrecipient during the term of this Contract and
use by the County, its employees, agents or contractors during the term of this
Contract and perpetually thereafter.
9.2 All applicable subcontracts shall include a provision that the Federal
awarding agency reserves all patent rights with respect to any discovery or
invention that arises or is developed in the course of or under the subcontract.
Notwithstanding the foregoing provision, if the Subrecipient or one of its
subcontractors is a university and a member of the State University System of
Florida, then section 1004.23, F.S., shall apply, but the County shall retain a
perpetual, fully -paid, nonexclusive license for its use and the use of its
contractors of any resulting patented, copyrighted or trademarked work
products.
10. PUBLICITY
Without limitation, the Subrecipient and its employees, agents, and representatives
will not, without prior County and State written consent in each instance, use in
advertising, publicity or any other promotional endeavor any County or State mark,
the name of the State or County's mark, the name of the State or County any State or
County agency or affiliate or any officer or employee of the State or County, or any
State or County program or service, or represent, directly or indirectly, that any
product or service provided by the Subrecipient has been approved or endorsed by
the State or County, or refer to the existence of this Contract in press releases,
advertising or materials distributed to the Subrecipient's prospective customers.
11. SPONSORSHIP
As required by section 286.25, F.S., if the Subrecipient is a non-governmental
organization which sponsors a program financed wholly or in part by State funds,
including any funds obtained through this Contract, it shall, in publicizing,
advertising, or describing the sponsorship of the program state: "Sponsored by
(Subrecipient's name) and the State of Florida, Department of Children and
Families" and Collier County, CHS. If the sponsorship reference is in written
material, the words "State of Florida, Department of Children and Families "and
Collier County, shall appear in at least the same size letters or type as the name of
the organization.
12. MANDATORY REPORTING REQUIREMENTS
The Subrecipient must comply with and inform its employees of the following
mandatory reporting requirements. Each employee of the Subrecipient, providing
services in connection with this Contract who has any knowledge of a reportable
incident shall report such incident as follows: 1) reportable incidents that may involve
an immediate or impending impact on the health or safety of a client shall be
immediately reported to the County Grant Coordinator; and 2) other reportable
incidents shall be reported to the County and the Florida State Department of
Children and Families Office of Inspector through the Internet at
http://www.dcf.state.fl.us/admin/ig/rpfraudl shtml or by completing a
Notification/ Investigation Request (Form CF 1934) and emailing the request to the
Office of Inspector General at IG.Complaints@myflfamilies.com . The Subrecipient
may also mail the completed form to the Office of Inspector General, 1317 Winewood
Boulevard, Building 5, 2nd Floor, Tallahassee, Florida, 32399-0700; or via fax at (850)
488-1428. A reportable incident is defined in CFOP 180-4, which can be obtained from
the County Grant Coordinator.
13. RECORDS, AUDITS AND DATA SECURITY
13. Records, Retention, Audits, Inspections and Investigations.
13.1 The Subrecipient shall establish and maintain books, records and documents
(including electronic storage media) sufficient to reflect all income and
expenditures of funds provided by the County under this Contract.
13.2 Retention of all client records, financial records, supporting documents,
statistical records, and any other documents (including electronic storage media)
pertinent to this Contract shall be maintained by the Subrecipient during the
term of this Contract and retained for a period of six (6) years after completion of
the Contract or longer when required by law. In the event an audit is required
under this Contract, records shall be retained for a minimum period of six (6)
years after the audit report is issued or until resolution of any audit findings or
litigation based on the terms of this Contract, at no additional cost to the County.
13.3 Upon demand, at no additional cost to the County, the Subrecipient will
facilitate the duplication and transfer of any records or documents during the
term of this Contract and the required retention period in Section 13.2 hereof.
13.4 These records shall be made available at all reasonable times for inspection,
review, copying, or audit by Federal, State, or other personnel duly authorized
by the County.
13.5 At all reasonable times for as long as records are maintained, persons duly
authorized by the County and Federal auditors, pursuant to 45 Code of Federal
Regulations (CFR) s. 92.36(i)(10), shall be allowed full access to and the right to
examine any of the Subrecipient's contracts and related records and documents,
regardless of the form in which kept.
13.6 A financial and compliance audit shall be provided to the County as specified
in this Contract.
13.7 The Subrecipient shall comply and cooperate immediately with any
inspections, reviews, investigations, or audits deemed necessary by The Office of
the Inspector General (section 20.055, F.S.).
13.8 The Subrecipient shall ensure all staff and subcontractors associated with this
agreement have been screen as required by Florida law in accordance with chapter
435 Florida Statutes, are of good moral character and meet the Level 2
Employment Screening standards.
14. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
In compliance with 45 CFR s.164.504(e), the Subrecipient shall comply with the
provisions of this Contract, governing the safeguarding, use and disclosure of
Protected Health Information created, received, maintained, or transmitted by the
Subrecipient or its sub -contractors incidental to the Subrecipient's performance of this
Contract.
15. CONFIDENTIAL CLIENT AND OTHER INFORMATION
Except as provided in this Contract, the Subrecipient shall not use or disclose but
shall protect and maintain the confidentiality of any client information and any
other information made confidential by Florida law or Federal laws or regulations
that is obtained or accessed by the Subrecipient or its sub -contractors incidental to
performance under this Contract.
16. DATA SECURITY
The Subrecipient shall comply with the following data security requirements whenever
the Subrecipient or its subcontractors have access to County data systems or maintain
any client or other confidential information in electronic form:
16.1 An appropriately skilled individual shall be identified by the Subrecipient to
function as its Data Security Officer, if the Subrecipient enters data into the State
database. The Data Security Officer shall act as the liaison to the County's
security staff and will maintain an appropriate level of data security for the
information the Subrecipient is collecting or using in the performance of this
Contract. An appropriate level of security includes approving and tracking all
Subrecipient employees that request or have access to any County data system or
information. The Data Security Officer will ensure that user access to the data
system or information has been removed from all terminated Subrecipient
employees.
16.2 The Subrecipient shall complete the latest Department of Children and
Families security awareness training to its staff who have access to State
information.
16.3 All Subrecipient employees who have access to State information shall
comply with, and be provided a copy of CFOP 50-2, and shall sign the DCF
Security Contract form CF 0114 annually. A copy of CF 0114 may be obtained
from the County Grant Coordinator.
16.4 The Subrecipient shall make every effort to protect and avoid unauthorized
release of any personal or confidential information by ensuring both data and
mobile storage devices are encrypted as prescribed in CFOP 50-2. If encryption of
these devices is not possible, then the Subrecipient shall assure that unencrypted
personal and confidential State data will not be stored on unencrypted storage
devices.
16.5 The Subrecipient agrees to notify the Grant Coordinator as soon as possible,
but no later than five (5) business days following the determination of any breach
or potential breach of personal and confidential State data.
16.6 The Subrecipient shall at its own cost provide notice to affected parties no
later than 45 days following the determination of any potential breach of
personal or confidential County or State data as provided in section 817.5681, F.S.
The Subrecipient shall also at its own cost implement measures deemed
appropriate by the County to avoid or mitigate potential injury to any person
due to a breach or potential breach of personal and confidential County data.
The Subrecipient shall cause each of its subcontractors having access to County or State
data systems or maintaining any client or other confidential information in electronic
form to comply with the provisions of this Section and the term "Subrecipient" shall be
deemed to mean the subcontractor for such purposes.
17. MOST FAVORED PARTY STATUS
The Subrecipient represents and warrants that the prices and terms for its services
under this Contract are no less favorable to the County than those for similar services
under any existing contract with any other party. The Subrecipient further agrees that,
within ninety (90) days of Subrecipient entering into a contract or contract
amendment or offering to any other party services similar to those under this Contract
under prices or terms more favorable than those provided in this Contract, the
Subrecipient will report such prices and terms to the County, which prices or terms
shall be effective as an amendment to this Contract upon the County's written
acceptance thereof. Should the County discover such other prices or terms, the same
shall be effective as an amendment to this Contract retroactively to the earlier of the
effective date of this Contract (for other contracts in effect as of that date) or the date
they were first contracted or offered to the other party (for subsequent contracts,
amendments or offers) and any payment in excess of such pricing shall be deemed
overpayments. Subrecipient shall submit an affidavit no later than July 31st of each
year during the term of this Contract attesting that the Subrecipient is in compliance
with this provision, as required by section 216.0113, F.S.
18. ANTI COMPETITIVE CONTRACTS
The Subrecipient will not offer, enter into nor enforce any formal or informal Contract
with any person, firm or entity under which the parties agree to refrain from
competing for any future service contract or limit in any manner the ability of either
party to obtain employment by or provide services to the County or a Subrecipient of
services to the County.
19. TRANSITIONING YOUNG ADULTS
The Subrecipient understands Children and Families interest in assisting young
adults aging out of the dependency system. The County encourages Subrecipient
participation with the local Community -Based Care Lead Agency Independent Living
Program to offer gainful employment to youth in foster care and young adults
transitioning from the foster care system.
20. CLIENT RISK PREVENTION
If services to clients are to be provided under this contract, the subrecipient shall in
accordance with the client risk prevention system, report those reportable situations
listed in CFOP 215-6 in the manner prescribed in 215-6 and immediately report any
knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged
person, or disabled adult to the Florida Abuse Hotline at 1-800-96ABUSE.
21. DEO AND WORKFORCE FLORIDA
The Subrecipient understands that the Florida Department of Children and Families,
the Department of Economic Opportunity, and Workforce Florida, Inc., have jointly
implemented an initiative to empower recipients in the Temporary Assistance to
Needy Families Program to enter and remain in gainful employment. The County
encourages Subrecipient participation with the Department of Economic Opportunity
and Workforce Florida.
22, NOTICES. All notices from the County to the Subrecipient shall be deemed duly
served if mailed or faxed to the Subrecipient at the following Address:
Collier County Sheriff Office
3319 Tamiami Trail E.
Naples, Florida 34112
Attention: Marien Ruiz
All Notices from the Subrecipient to the County shall be deemed duly served if mailed
or faxed to the County to:
Collier County Government Center
Community and Human Services Division
3339 Tamiami Trail, East
Suite 211
Naples, Florida 34112
Attention: Dawn Whelan, Grant Coordinator
Telephone: 239-252-4230
Facsimile: 239-252-6571
The Subrecipient and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Contract
must be in writing.
23. NO PARTNERSHIP. Nothing herein contained shall create or be construed as
creating a partnership between the County and the Subrecipient or to constitute the
Subrecipient as an agent of the County.
24. NO IMPROPER USE. The Subrecipient will not use, nor suffer or permit any
person to use in any manner whatsoever, County facilities for any improper,
immoral or offensive purpose, or for any purpose in violation of any federal, state,
county or municipal ordinance, rule, order or regulation, or of any governmental
rule or regulation now in effect or hereafter enacted or adopted. In the event of such
violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Subrecipient to be objectionable or improper,
the County shall have the right to suspend the contract of the Subrecipient. Should
the Subrecipient 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 to continue until the violation
is cured. The Subrecipient further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the
County.
25. TERMINATION. Should the Subrecipient be found to have failed to perform his
services in a manner satisfactory to the County as per this Contract, the County may
terminate said Contract for cause; further the County may terminate this Contract
for convenience with a ninety (90) day written notice. The County shall be sole judge
of non-performance.
In the event that the County terminates this Contract, Subrecipient's recovery
against the County shall be limited to that portion of the Contract Amount earned
through the date of termination. The Subrecipient shall not be entitled to any other
or further recovery against the County, including, but not limited to, any damages
or any anticipated profit on portions of the services not performed.
26. NO DISCRIMINATION. The Subrecipient agrees that there shall be no
discrimination as to race, sex, color, creed or national origin.
27. INSURANCE. The Subrecipient shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of
$1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and
Property Damage Liability. This shall include Premises and Operations;
Independent Contractors; Products and Completed Operations and Contractual
Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $300,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned
Vehicles and Employee Non -Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
D. Professional Liability: Shall be maintained by the Consultant to ensure its legal
liability for claims arising out of the performance of professional services under this
Contract. Consultant waives its right of recovery against County as to any claims
under this insurance. Such insurance shall have limits of not less than $1,000,000
each claim and in the aggregate.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General
Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Subrecipient during the duration of this Contract. The Contractor
shall provide County with certificates of insurance meeting the required insurance
provisions. Renewal certificates shall be sent to the County ten (10) days prior to any
expiration date. Coverage afforded under the policies will not be canceled or
allowed to expire until the greater of: ten (10) days prior written notice, or in
accordance with policy provisions. Subrecipient shall also notify County, in a like
manner, within twenty-four (24) hours after receipt, of any notices of expiration,
cancellation, non -renewal or material change in coverage or limits received by
Subrecipient from its insurer, and nothing contained herein shall relieve
Subrecipient of this requirement to provide notice.
Subrecipient shall ensure that all subcontractors comply with the same insurance
requirements that he is required to meet.
28. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Subrecipient shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from
any claimed breach of this Contract by Subrecipient, any statutory or regulatory
violations, or from personal injury, property damage, direct or consequential
damages, or economic loss, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Subrecipient or anyone employed or utilized
by the Subrecipient in the performance of this Contract. 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.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
28.1 The duty to defend under this Article 28 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability
of the Subrecipient, County and any indemnified party. The duty to defend arises
immediately upon presentation of a claim by any party and written notice of such
claim being provided to Subrecipient. Subrecipient's obligation to indemnify and
defend under this Article 028 will survive the expiration or earlier termination of
this Contract until it is determined by final judgment that an action against the
County or an indemnified party for the matter indemnified hereunder is fully and
finally barred by the applicable statute of limitations.
29. CONTRACT ADMINISTRATION. This Contract shall be administered on behalf
of the County by the Public Services Division, Community and Human Services
Division.
30. CONFLICT OF INTEREST: Subrecipient shall represent that it presently has no
interest and shall acquire no interest, either direct or indirect, which would conflict
in any manner with the performance of services required hereunder. Subrecipient
shall further represent that no persons having any such interest shall be employed
to perform those services.
31. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112,
Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended,
and County Administrative Procedure 5311. Violation of this provision may result
in one or more of the following consequences: a. Prohibition by the individual, firm,
and/or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and/or firm from doing business
with the County for a specified period of time, including but not limited to:
submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract
held by the individual and/or firm for cause.
32. COMPLIANCE WITH LAWS. By executing and entering into this Contract, the
Subrecipient is formally acknowledging without exception or stipulation that it
agrees to comply, at its own expense, with all federal, state and local laws, codes,
statutes, ordinances, rules, regulations and requirements applicable to this Contract.
Unauthorized aliens shall not be employed. Employment of unauthorized aliens
shall be cause for unilateral cancellation of this Contract by the County for violation
of section 274A(e) of the Immigration and Nationality Act (8 U.S.C. § 1324 a) and
section 101 of the Immigration Reform and Control Act of 1986. The subrecipient
will enroll in and use the E -verify system established by the U.S. Department of
Homeland Security to verify the employment eligibility of its employees performing
under this Contract. Employees assigned to the contract means all persons
employed or assigned (including all subcontractors) by the Subrecipient during the
contract term to perform work pursuant to this contract within the United States
and its territories. Furthermore, failure by the Subrecipient to comply with the laws
referenced herein shall constitute a breach of this Contract and the County shall
have the discretion to unilaterally terminate this Contract immediately.
33. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at
the discretion of the successful proposer.
34. CONTRACT TERMS. If any portion of this Contract is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Contract
shall remain in effect.
35. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be
added to this contract in compliance with the Purchasing Ordinance and
Purchasing Procedures.
36. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding
permitted by this Contract to resolve disputes between the parties, the parties shall
make a good faith effort to resolve any such disputes by negotiation. The
negotiation shall be attended by representatives of 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 Contract, the parties shall attempt to resolve the
dispute through Mediation before an agreed-upon Circuit Court Mediator certified
by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who
would make the presentation of any settlement reached at mediation to County's
board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under
section 44.102, Fla. Stat.
37. VENUE. Any suit or action brought by either party to this Contract against the other
party relating to or arising out of this Contract 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.
38. KEY PERSONNEL/PROJECT STAFFING: The Subrecipient personnel and
management to be utilized for this project shall be knowledgeable in their areas of
expertise. The County reserves the right to perform investigations as may be
deemed necessary to ensure that competent persons will be utilized in the
performance of the contract. The Subrecipient shall assign as many people as
necessary to complete the services on a timely basis, and each person assigned
shall be available for an amount of time adequate to meet the required service. The
Subrecipient shall not change Key Personnel unless the following conditions are
met: (1) Proposed replacements have substantially the same or better qualifications
and/or experience. (2) the County is notified in writing in advance or within 5
business days of notification from jail personnel of termination. The Subrecipient
shall make commercially reasonable efforts to notify Collier County within seven
(7) days of the change. The County shall be notified of proposed replacement
personnel once selected.
39. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms
of any of the Contract Document, Exhibits A -I and any documents incorporated by
reference into any exhibit be reference the terms of the Request for Proposal
(RFP)/ ITB and/or the Subrecipient's Proposal, Attachments shall take precedence.
40. RESOLUTION 2013-228. Corrective action plans may be required for noncompliance,
nonperformance, or unacceptable performance under this contract. Penalties may be
imposed for failures to implement or to make acceptable progress on such corrective
action plans.
In order to effectively enforce Resolution No. 2013-228, Community and Human Services
(CHS) has adopted an escalation policy to ensure continued compliance by Subrecipients,
Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation
for non-compliance is as follows:
1. Initial non-compliance may result in Findings or Concerns being
issued to the entity and will require a corrective action plan be
submitted to the Division within 15 days following issuance of the
report.
• Any pay requests that have been submitted to the Division for
payment will be held until the corrective action plan has been
submitted.
• CHS will be available to provide Technical Assistance (TA) to the
entity as needed in order to correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a
timely manner to the Division, the Division may require a portion of
the awarded grant amount be returned to the Division.
• The County may require upwards of five percent (5 %) of the
award amount be returned to the Division, at the discretion of the
Board of County Commissioners.
• The entity may be considered in violation of Resolution No. 2013-
228.
3. If in the case an Entity continues to fail to correct the outstanding
issue or repeats an issue that was previously corrected, and has been
informed by the Division of their substantial non-compliance by
certified mail; the Division may require a portion of the awarded
grant amount or the amount of the CDBG investment for acquisition
of the properties conveyed, be returned to the Division.
• The Division may require upwards of ten percent (10%) of the
award amount be returned to the Division, at the discretion of the
Board of County Commissioners.
• The entity will be considered in violation of Resolution No. 2013-
228.
4. If in the case after repeated notification the Entity continues to be
substantially non- compliant, the Division may recommend the
contract or award be terminated.
• The Division will make a recommendation to the Board of
County Commissioners to immediately terminate the agreement
or contract. The Entity will be required to repay all funds
disbursed by the County for project that was terminated. This
includes the amount invested by the County for the initial
acquisition of the properties or other activities.
• The entity will be considered in violation of Resolution No. 2013-
228
If in the case the Entity has multiple agreements with the Division and is found to
be non- compliant, the above sanctions may be imposed across all awards at the
BCC's discretion.
41. CIVIL RIGHT REQUIREMENTS. In accordance with Title VII of the Civil Rights
Act of 1964, the Americans with Disabilities Act of 1990, or the Florida Civil Rights Act
of 1992, as applicable the Subrecipient shall not discriminate against any employee (or
applicant for employment) in the performance of this Contract because of race, color,
religion, sex, national origin, disability, age, or marital status. Further, the Provider
agrees not to discriminate against any applicant, client, or employee in service delivery
or benefits in connection with any of its programs and activities in accordance with 45
CFR, Parts 80, 83, 84, 90, and 91, Title VI of the Civil Rights Act of 1964, or the Florida
Civil Rights Act of 1992, as applicable and CFOP 60-16. These requirements shall apply
to all contractors, subcontractors, grantees or others with who it arranges to provide
benefits to clients or employees in connection with its programs and activities. If
employing fifteen or more employees, the Provider shall complete the Civil Rights
Compliance Checklist, CF Form 946 within 30 days of execution of this Contract and
annually thereafter in accordance with CFOP 60-16 and 45 CFR, Part 80.
42. USE OF FUNDS FOR LOBBYING PROHIBITED. The Subrecipient shall comply
with the provisions of sections 11.062 and 216.347, F.S., which prohibit the expenditure
of contract funds for the purpose of lobbying the Legislature, judicial branch, or a State
Agency.
43. PUBLIC ENTITY CRIME AND DISCRIMATORY CONTRACTORS. Pursuant to
sections 287.133 and 287.134, FS., the following restrictions are placed on the ability of
persons placed on the convicted vendor list or the discriminatory vendor list. When a
person or affiliate has been placed on the convicted vendor list following a conviction
for a public entity crime, or an entity or affiliate has been placed on the discriminatory
vendor list, such person, entity or affiliate may not submit a bid, proposal, or reply on a
contract to provide any goods or services to a public entity; may not submit a bid,
proposal, or reply on a contract with a public entity for the construction or the repair of
public building or public work; may not submit bids, proposals, or replies on leases of
real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may
not transact business with any public entity; provided, however, that the prohibition on
person or affiliates placed on the convicted vendor shall be limited to business in excess
of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO for a
period of thirty-six (36) months from the date of being placed on the convicted vendor
list.
44. WHISTLEBLOWER'S ACT REQUIREMENTS. In accordance with subsection
112.3187(2) F.S., the Subrecipient and its subcontractors shall not retaliate against an
employee for reporting violations of law, rule, or regulation that creates substantial and
specific danger to the public's health, safety, or welfare to an appropriate agency.
Furthermore, agencies or independent contractors shall not retaliate against any person
who discloses information to an appropriate agency alleging improper use of
governmental office, gross waste of funds, or any other abuse or gross neglect of duty
on the part of an agency, public officer, or employee. The Provider and any
subcontractor shall inform its employees that they and other persons may file a
complaint with the Office of Chief Inspector General, Agency Inspector General, the
Florida Commission on Human Relations or the Whistle -blower's Hotline number at 1-
800-543-5353.
45. SUPPORT TO THE DEAF OR HARD -OF -HEARING
45.1 Where direct services are provided, the Subrecipient and its subcontractors shall
comply with section 504 of the Rehabilitation Act of 1973,29 U.S.C. 794, as implemented
by 45 CFR Part 84 (hereinafter referred to as Section 504), the Americans with
Disabilities Act of 1990, 42 U.S.C. 12131, as implemented by 28 CFR Part 35 (hereinafter
referred to as ADA), and the Children and Families Operating Procedure (CFOP) 60-10,
Chapter 4, entitled "Auxiliary Aids and Services for the Deaf or Hard -of -Hearing."
45.2 If the Subrecipient or any of its subcontractors employs 15 or more employees, the
Subrecipient shall designate a Single -Point -of -Contact (one per firm) to ensure effective
communication with deaf or hard -of -hearing customers or companions in accordance
with Section 504 of the ADA, and CFOP 60-10, Chapter 4. The Provider's Single -Point -
of -Contact and that of its Subcontractors will process the compliance data into the
County's HHS Compliance Reporting Database by the 5th business day of the month,
covering the previous month's reporting, and forward confirmation of submission to
the Contract Manager. The name and contact information for the Provider's Single -
Point -of -Contact shall be furnished to the County's Grant or Contract Manager within
14 calendar days of the effective date of this requirement.
45.3. The Subrecipient shall, within 30 days of the effective date of this requirement,
contractually require that its subcontractors comply with Section 504, the ADA, and
CFOP 60-10, Chapter 4. A Single -Point -of -Contact shall be required for each
subcontractor that employs 15 or more employees. This Single -Point -of -Contact will
ensure effective communication with deaf or hard -of -hearing customers or companions
in accordance with Section 504 and the ADA and coordinate activities and reports with
the Provider's Single -Point -of -Contact.
45.4. The Single -Point -of -Contact shall ensure that employees are aware of the
requirements, roles & responsibilities, and contact points associated with compliance
with Section 504, the ADA, and CFOP 60-10, Chapter 4. Further, employees of providers
and their subcontractors with 15 or more employees shall attest in writing that they are
familiar with the requirements of Section 504, the ADA, and CFOP 60-10, Chapter 4.
This attestation shall be maintained in the employee's personnel file.
45.5. The Provider's Single -Point -of -Contact will ensure that conspicuous Notices which
provide information about the availability of appropriate auxiliary aids and services at
no -cost to the deaf or hard -of -hearing customers or companions are posted near where
people enter or are admitted within the agent locations. Such Notices must be posted
immediately by The Subrecipient and its subcontractors. The approved Notice can be
downloaded through the Internet at: http://www.myflfamilies.com/about-
us/ services -deaf -and -hard -hearing/ dcf-posters.
45.6. The Subrecipient and its subcontractors shall document the customer's or
companion's preferred method of communication and any requested auxiliary
aids/ services provided in the customer's record. Documentation, with supporting
justification, must also be made if any request was not honored. The Subrecipient shall
distribute Customer Feedback forms to customers or companions, and provide
assistance in completing the forms as requested by the customer or companion.
45.7. Customers or companions are referred to other agencies, the Subrecipient must
ensure that the receiving agency is notified of the customer's or companions preferred
method of communication and any auxiliary aids/ service needs.
45.8. The County requires each contract/ subcontract Subrecipient agency's direct
service employees to complete Serving our Customers who are Deaf or Hard -of -
Hearing and sign the Attestation of Understanding. Direct service employees
performing under this Contract will also print their certificate of completion, attach it to
their Attestation of Understanding, and maintain them in their personnel file.
46. RECYCLED PRODUCTS The Subrecipient shall procure any recycled products or
materials, which are the subject of or are required to carry out this Contract, in
accordance with the provisions of sections 403.7065, F.S.
47. EMPLOYMENT SCREENING
47.1. The Subrecipient shall ensure that all staff utilized by the Subrecipient and its
subcontractors that are required by Florida law to be screened in accordance with
chapter 435, F.S., are of good moral character and meet the Level 2 Employment
Screening standards specified by sections 435.04, 110.1127, and subsection 39.001(2),
F.S., as a condition of initial and continued employment that shall include but not be
limited to:
a. Employment history checks;
b. Fingerprinting for all criminal record checks;
c. Statewide criminal and juvenile delinquency records checks through the Florida
County of Law Enforcement (FDLE);
d. Federal criminal records checks from the Federal Bureau of Investigation via the
Florida County of Law Enforcement; and
e. Security background investigation, which may include local criminal record checks
through local law enforcement agencies.
f. Attestation by each employee, subject to penalty of perjury, to meeting the
requirements for qualifying for employment pursuant to chapter 435 and agreeing to
inform the employer immediately if arrested for any of the disqualifying offenses while
employed by the employer.
47.2. The Subrecipient shall sign an affidavit each State fiscal year for the term of the
contract stating that all required staff have been screened or the Subrecipientis awaiting
the results of screening.
IN WITNESS, WHEREOF, the parties hereto, have each, respectively, by an authorized
person or agent, have executed this Contract on the date and year first written above.
ATTEST:
Dwight E. Brock, Clerk of Courts
Dated:
(SEAL)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Bv:
Penny Taylor, Chairman
Date:
Collier County Sheriff Office
Kevin Rambosk
Sheriff
Approved as to Form and Legality:
Date:
Assistant County Attorney
&) i\) "VE -2 -A. 0
Print Name �a10
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EXHIBIT A — DEFINITIONS
A-1. PROGRAM SPECIFIC TERMS
A-1.1. Central Coordination Program means the program proposed in the County's Application, designed to
improve centralized coordination among some combination of mental health providers, law enforcement
agencies, courts, and other partner agencies, with regard to one or more aspects of substance abuse or mental
health services for the target population.
A-1.2. Centralized Assessment Center (CAC) Program Participant refers to an individual who has been assessed
at the CAC for Forensic Reintegration Support Team (FIRST) program eligibility but has not been enrolled.
Program.
A-1.3. Crisis Intervention Team (CIT) means a first responder model that provides law enforcement -
based crisis intervention training for assisting individuals with a mental illness experiencing a behavioral
healthcare crisis.
A-1.4 Forensic Intensive Reintegration Support Team (FIRST) Program Participants refers to individuals enrolled
in Case Management and any other service offered through the FIRST Program.
A-1.5.SSD/SSDI is an acronym for the Supplemental Security Income and Social Security Disability Insurance
programs administered by the United States Social Security Administration.
A-1.6. Strategic Plan means a document that is the result of a formal systemic and stakeholder planning process
that documents participation by stakeholders; is data and research driven; establishes a path to the
accomplishment of prioritized goals and objectives; and describes an intended outcome and measurable targets
of achievement. If the Subrecipient participated in Sequential Intercept Mapping, the document produced as a
result of that mapping may serve as the strategic plan.
A-1.7. Target Population means the selected category of individual for which the Subrecipient intends to develop
and focus grant -related activities, further defined as follows:
A-1.7.1 Adults refers to person age 18 or older who are arrested, or those at -risk of involvement in
the criminal justice system, who are high utilizers of emergency or crisis services. Typically, these
individuals are poor, experience homelessness, and have chronic health issues, including mental
illness, substance use disorder, or a combination thereof. Through repeat encounters with law
enforcement, courts, jail, fire Counties, emergency medical services, hospital and shelters, they
consume a disproportionate amount of health, social services, and criminal justice resources -usually
without attaining positive outcomes. Individuals who pose a high public safety risk are excluded,
including those with a current charge of murder, sexual assault, or arson.
EXHIBIT B - SCOPE OF WORK
B-1. SCOPE OF SERVICE
B-1.1. This is a three-year Grant Agreement, pursuant to the authority under s. 394.656, F.S. The
Subrecipient, under the guidance of Collier County's CJMHSA Planning Council (Planning Council), shall
enhance and expand its existing Forensic Intensive Reintegration Support Team Program (FIRST) to increase
the annual number of Program participants receiving criminal justice diversion services at the Centralized
Assessment Center (CAC), located at the David Lawrence Mental Health Center, Inc.
B-1.2. The Subrecipient shall conduct all activities supported by this Grant Agreement in accordance with
the County's Application, dated September 16, 2016, in response to the Department of Children and Families
Request for Applications (RFA06H16GS1). Both the County's Application and the Department's Request for
Applications are hereby incorporated by reference and shall be maintained in the Subrecipient's and the
County's official files. The terms of the County's Application may not be changed without specific advance written
approval by the Department of Children and Families.
B-2. MAJOR OBJECTIVES
The primary goal of this Grant Agreement is to increase public safety, avert increased spending on criminal justice
systems, and improve the accessibility and effectiveness of treatment services for adults with serious mental illness,
substance abuse and, co-occurring mental health and substance abuse disorders, who are in, or at risk of entering,
the criminal justice system; and reduce crime, recidivism, and use of forensic institutions among the target population.
The major objectives of this Grant Agreement that contribute to the goal are to:
B-2.1. Assist in the expansion of CJMHSA services and diversion initiatives described in the County's
Application, hereby incorporated by reference, as evidenced by increased capacity of clients served, as reflected
by quarterly client service report; and
B-2.2. Create and encourage collaboration among key stakeholders, identified in the County's Application
as evidenced by attendance at the CJMHSA Planning Council and Technical Assistance call participation; as
evidenced by sign in sheets with CCSO staff signatures and agendas.
B-3. SERVICE AREA LOCATIONS AND TIMES
B-3.1. Service Area
The Subrecipient shall provide services within Collier County.
B-3.2. Service Delivery Location
B-3.2.1. The Subrecipient's administrative offices are listed in Section B-3.2.2.1.
B-3.2.2. The primary service delivery location(s) shall be:
B-3.2.2.1. Collier County Sheriff Office
3319 Tamiami Trail E.
Building J.
Naples, FL 34112
B-3.3. Service Times
Services shall be available and provided, at a minimum, between the hours of 8:00 am through 5:00 pm, Monday
through Friday, excluding state holidays. Changes in service times and any additional holidays that the
Subrecipient wants to observe shall be approved in writing by the County.
B-3.4. Changes in Location.
The Subrecipient shall notify the County in writing a minimum of one week prior to making changes in office
location or any changes that will affect the County's ability to contact the provider by telephone, facsimile, or
email.
B-3.5. Program Years
For the purposes of this Grant, Program Years are defined as:
B-3.5.1. Program Year 1: 7/1/17 — 06/30/18;
B-3.5.2. Program Year 2: 7/1/18 — 6/30/19; and
B-3.5.3. Program Year 3: 7/1/19 — 6/30/20.
The program years do not restrict the expenditure of funds but rather are used for performance
purposes only in tracking outcome measures. The allocation may be expended in any amount through
any year throughout the grant.
B-4. CLIENTS TO BE SERVED
Individuals to be served are adults with serious mental illnesses, substance abuse and or co-occurring mental
health and substance use disorder who are in, or at risk of entering, the criminal justice system.
B-5. CLIENT ELIGIBILITY AND DETERMINATION.
The Subrecipient is responsible for assessing and determining the eligibility of each person served under this Grant
Agreement. The Subrecipient may assign this responsibility to a subgrantee.
B-6. GRANT LIMITS
The total funds awarded under this Grant shall not exceed $524,089.over the lifetime of this contract.
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EXHIBIT C - TASK LIST
The Subrecipient shall perform all functions necessary for the proper delivery of services including, but not limited to,
the following:
C-1. SERVICE TASKS
C-1.1. To support the objective in Section B-2, within three months of execution of this Grant Agreement, the
Subrecipient shall enhance its existing Program and diversion initiatives to increase public safety, avert
increased spending on criminal justice; and reduce crime, recidivism, and use of forensic institutions among the
target population. To achieve this outcome, the Subrecipient shall:
C-1.1.1 Assist in the development and shall share client information to allow for a system to track
individuals during their involvement with the Program and for one year after discharge, including but
not limited to: arrests as evidenced by the data shared with DLC and reported by DLC to NAMI on the
quarterly tracking identifying clients served, assessed and referred.
C-1.1.2 Ensure that all staff members are hired to provide services to accommodate the number of
individuals served;
C-1.1.2.1. Hire and train all staff listed in Section C-2.1 as evidenced by payroll report
showing employed staff by name and position; and
C-1.1.3 Enhance the FIRST program to focus on serious mental illnesses, substance abuse and co-
occurring substance use disorders as evidenced by quarterly client service report.
C-1.1.4. Maintain a FIRST staff to participant ratio of 1:20 or lower (for all subrecipients and all enrolled
clients).
C-1.2. To support the objective in Section B-2.2., the County encourages collaboration among key
stakeholders, identified in the County's Application. To achieve this outcome, the Subrecipient shall:
C-1.2.1 Participate in quarterly Planning Council meetings, strategic planning process, and FIRST
Oversight Committee Meetings as evidenced by sign in sheets and agenda; and
C-1.2.2 Participate in the FIRST Oversight Committee to complete the Process and Outcomes
evaluations and present the findings at minimum annually to the Planning Council as evidenced by the
agenda and sign in sheet showing attendance.
C-1.3. To support the program objective the Subrecipient shall refer all eligible screened clients to peer
support services and therapies for those clients who agree to participate in an effort to improve quality of life
among Program participants.
C-2. ADMINISTRATIVE TASKS
C-2.1. Staffing
C-2.1.1. The Grantee shall assign and maintain the following staff, as detailed in the Grantee's
Application and supported by this Grant Agreement, through a subcontract or subgrant agreement with
CCSO:
C-2.1.1.1. 2.0 FTE Discharge Planner;
C-2.1.1.2. 0.20 FTE D/C Plan Supervisor/Program Evaluation Team;
C-2.1.1.3. 0.14 FTE Health Services Administrator;
C-2.1.1.4. 0.07 FTE Grants Coordinator;
C-2.1.1.5.
0.06 FTE Grants Fiscal Clerk;
C-2.1.1.6.
0.35 FTE Reintegration Manager;
C-2.1.1.7.
0.50 FTE Reintegration Program Supervisor;
C-2.1.1.8.
0.15 FTE Reintegration Specialist #1;
C-2.1.1.9.
0.15 FTE Reintegration Specialist #2;
C-2.1.1.10.
0.15 FTE Reintegration Specialist #3;
C-2.1.1.11.
0.20 FTE Reintegration Specialist #4; and
C-2.1.1.12.
1.0 FTE Reintegration Specialist #5.
C-2.2. Professional Qualifications
The Subrecpient shall ensure Program staff assigned maintains all applicable minimum licensing, accreditation,
training and continuing education requirements required by state and federal laws or regulations for their
assigned duties and responsibilities.
C-2.3. Subcontracting
C-2.3.1. Without express written advance authorization by the County, the Subrecipient shall not
award subcontracts or sub -grants to any other individuals or organizations; nor shall it transfer,
reassign or otherwise give responsibility for the implementation of any services funded by this
Contract.
C-2.3.2. The Sub recipient shall; require all subcontractors or sub-Subrecipients at any tier level to
comply with the E -verify clause subject to the same requirement as the Subrecipient.
C-2.3.3. The Subrecipient shall be responsible for coordinating expenditures made by
subcontractors and sub-Subrecipients. The Subrecipient shall ensure funds dispersed to
subcontractors and sub-Subrecipients are expended for the purposes intended and that a full
accounting for these grant funds is made.
C-2.3.4. The Subrecipient shall be responsible for service delivery, monitoring and quality assurance
of all subcontracts or sub -grants entered into by the Subrecipient under this Contract.
C-2.3.5. The Subrecipient shall include in all subcontract or sub -Contracts: a detailed scope of work;
clear and specific deliverables; performance standards; sanctions for nonperformance;
programmatic monitoring requirements; fiscal monitoring requirements; detailed documentation
requirements, and the substance of all clauses in the Contract that mention or describe subcontract
compliance.
C-2.4. Records and Documentation
C-2.4.1. The Subrecipient shall retain all financial records, supporting documents, statistical records
and any other documents, whether kept by electronic storage media or otherwise, for a period of not
less than six years after the starting date of this Contract. If audit findings have not been resolved
at the end of the six-year period, the records shall be retained until resolution of the audit findings.
State auditors and any persons authorized by the County shall have full access to, and shall have
the right to examine any materials at any time during regular business hours.
C-2.4.2. The Subrecipient shall provide data and other information requested by the CJMHSA Grant
Technical Assistance Center (TAC) at the Louis de la Parte Florida Mental Health Institute of the
C.2.5. Reports
University of South Florida to enable TAC to perform statutory duties established in the authorizing
legislation.
C-2.4.3. The Subrecipient shall protect confidential records from disclosure and protect participants'
confidentiality in accordance with s.397,501(7), F.S.
C-2.4.4. Unless otherwise specified in Section C-2.5., all correspondence, reports, records and
documentation may be maintained and provided to the County electronically.
C-2.4.5. The Subrecipient shall maintain, and shall ensure all subcontractors and subgrantees
maintain records and documentation including, but not limited to, the following:
C-2.4.5.1. Draft reports, final reports, meeting notes, telephone logs;
C-2.4.5.2. Executed subcontract or sub -grant agreements and any amendments, invoices
and supporting documentation, expenditure reports, and deliverables; and
C-2.4.5.3. Employment screening results for each staff who meets the requirements to be
screened for employment.
C.2.4.6. All records and documentation pertaining to this Contract shall be sent to the County upon
request and shall be available to the County for inspection at any time.
C-2.5.1. All tasks and activities under this Contract shall be documented in the following reports:
C.2.5.1.1. Quarterly Program Status Report. A detailed report of the services and
activities performed in the previous three months and the progress of the program in meeting
the performance measures, goals, objectives, and tasks described in the Grantee's
Application and specified in this contract in Exhibit C, D and E. The County will provide the
template needed to file this report.
C.2.5.1.2. Final Program Status Report A detailed report of the services and activities
performed for the entire term of the Contract and the status of the meeting the performance
measures, goals, objectives, and tasks described in the application and the terms of this
Contract.
C-2.6. Reporting Schedule. The Subrecipient shall submit reports in accordance with the reporting schedule in Table
1 and Exhibit G.
Table 1- Reporting Schedule
Report Title I Report Due Date(s)
Quarterly Program Status Report 5th day of the quarter following the quarter of
program services or activities
Final Program Status Report No later than 30 days following the ending date
of the Contract
Submit Report to:
Community &
Human Services
Attention: Dawn
Whelan, Grant
Coordinator
C.2.6.1. Additional Reporting Requirements. The Subrecipient shall provide additional reporting
pertaining to the services and activities rendered should the County determine this to be necessary.
C.2.7. Standard Contract Requirements. Subrecipient will perform all acts required by Contract.
C.2.8. Emergency Preparedness Plan.
C-2.8.1. If the task to be performed pursuant to this Contract include the physical care or
supervision of clients, the Subrecipient shall, within 30 days of the execution of this Contract,
submit an emergency preparedness plan which shall include provisions for records protection,
alternative accommodations for clients in substitute care, supplies, and a recovery plan that will the
Subrecipient, its subcontractors to continue functioning in compliance with the executed Contract in
the event of an actual emergency.
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EXHIBIT D - DELIVERABLES
D-1. SERVICE UNITS
D.U. The Subrecipient shall provide FIRST Program services to a target of 100 enrolled individuals each
program year, for a total target of 300 enrolled individuals during the life of this Grant Agreement. The
Subrecipient must provide services to the Annual Minimum Number specified in Table 1.
Table 1 - Service Targets
Individuals — __ Target # of Participant's Screenedry�'.
Screened and Program Year 1 Program Year 2 Program Year 3 Program Lifetime
Referred ---- ------ ----- — - ----- --- --- ... -- -- ---- — - ------ --- - -----
- 07/01/17 - 06/30/18 07/01/18 - 06/30/19', 07/01/19 - 06/30/20 07/01/17 06/30/20
D-1.1.1
FIRST Program 100 100 100 300
Services Target
Number
D-1.1.2
FIRST Program
Services 80 80 80 240
Minimum Annual
Number
D-2. The Subrecipient shall assist in identifying deputies, patrol offices, corrections officers, 911 dispatch
officers and civilian deputies to participate in CIT training each program year, for a total of 240 individuals during
the life of this Grant Agreement. The Subrecipient must provide services to the Annual Minimum Number
specified in Table 2.
Table 2 - Service Targets
Target # of Participants
Individuals program Year 1�' -~ Program Year 2
Served
07/01/17 - 06/30/18 07/01/18 - 06/30/19
---------- ------ ----------------- --
D-2.1
CIT Training 80 80
Tamar, et Number
D-2.2
CIT Training 64 64'
Minimum Annual
Number
Program Year Program Lifetime
07/01/19 - 06/30/20 07/01/17 - 06/30/20
80 � --
240'
64 1 192
D-3. DELIVERABLES. The Subrecipient shall demonstrate satisfactory progress towards each lifetime service
target in Section D-1 and D-2 through submission of quarterly data reporting in each Program Report specified in
Section C-2.6.
DA PERFORMANCE MEASURES FOR ACCEPTANCE OF DELIVERABLES
D-4.1. During each program year, satisfactory progress toward the Service Target specified in Section D-1.
and D-2 shall be demonstrated by services to at least:
D-4.1.1. 20% of the Program year target by the end of the first quarter;
D-4.1.2. 40% of the Program year target by the end of the second quarter;
D-4.1.3. 60% of the Program year target by the end of the third quarter; and
D-4.1.4. 80% of the Program year target by the end of the fourth quarter.
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EXHIBIT E —PERFORMANCE MEASURES
Subrecipient shall assist in the development and achievement of quarterly performance reports for the
following measures:
E-1. PERFORMANCE MEASURES. The following qualitative performance measures are established pursuant to
the contract and shall be maintained during the term of this Contract.
E-1.1. 50% reduction in the total number of arrests or re -arrests among Program participants while enrolled in
the Program compared to the one year period prior to Program admission.
E-1.2. 50% reduction in the total number of arrests or re -arrests among Program participants within the one
year period following Program discharge compared to the one year period prior to Program admission.
E-2. PERFORMANCE EVALUATION METHODOLOGY. The County will monitor the Subrecipients performance in
achieving the standards in Section E-1 according to the following methodology.
E-2.1. For the measure in Section E-1.1., the total number of arrests among participants while enrolled in the
Program DIVIDED BY the total number of arrests among Program participants one year prior to Program
admission shall be LESS THAN OR EQUAL TO 50%.
E-2.2. For the measure in Section E-1.2., the total number of arrests among participants within one year post
Program admission DIVIDED BY the total number of arrests among Program participants one year prior to
Program admission shall be LESS THAN OR EQUAL TO 50%.
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EXHIBIT F - METHOD OF PAYMENT
F-1. PAYMENT METHODOLOGY
F-1.1. This is a cost reimbursement contract. The County will pay the Subrecipient for the delivery of services provided in
accordance with the terms of this Contract subject to availability of funds in accordance with the table below.
F-1.2. The County shall remit monthly payment to the Subrecipient
Program Period
Program Period
Amount
Program Year 1
Personnel
$173,197
Supplies
$1,500
Program Year 2
Personnel
$173,196
Supplies
$1,500
Program Year 3
Personnel
$173,196
Supplies
$1,500
Total Contract
$524,089
Funds may be shifted between activities and program years without an amendment to allow for full expenditure of grant funds by
the end of program year 3.
The County shall withhold 10% from each reimbursement request and upon satisfactory completion of the Subrecipient's program lifetime
performance targets and completion of the County closeout monitoring, the County shall release the remaining funds held throughout the
term of the agreement, less any funds retained for failure to achieve a performance target. In the event the Subrecipient terminates the
agreement prior to the end date, at the County's discretion, the retainage may be released prior to the end date of the County's agreement
with the Department of Children Families.
If the Subrecipient does not meet the same performance measure for six or more consecutive months, the County shall apply a 10%
penalty for all payments made to date. Corrective action plans required and may result in a reduction in future funding under this Contract,
at the County's sole discretion.
F-2. The Subrecipient shall submit a final invoice for payment no later than 30 days after the expiration of this Contract or after this
Contract is terminated. Failure to do so will result in a forfeiture of all rights to payment and the County shall not honor any requests
submitted after the aforesaid time -period. Any retainage payment (10%) due under the terms of this Contract will be withheld until
the Final Program Status Report are submitted, and the Close Out Monitoring is completed and approved by the County.
F-3. The Subrecipient shall provide match funds in accordance with the schedule in the table below:
Program Year One
$184,047
Program Year Two
$184,047
Program Year Three
$184,046
Match Total Required for the grant period 2017.2020 $552,140
The Subrecipient shall submit match on a monthly basis (Exhibit H-1) and the amount of the match submission is not required to
be commensurate with the payment/invoice amount. The Subrecipient shall meet the entire program year match obligation at the
end of program year and in the event that the Subrecipient has not satisfied their entire match obligation by the third quarter of
program year three reimbursement will be withheld until such time as the obligation is met.
F-4. The County shall remit payment to the SUBRECIPIENT for the performance of this contract upon completion of the work
tasks as accepted and approved by CHS. Payments shall be made to the SUBRECIPIENT when requested as work
progresses but, not more frequently than once per month. Payment will not occur if SUBRECIPIENT fails to perform at the
minimum level of service required by this Contract. No payment will be made until approved by CHS for grant compliance and
adherence to any and all applicable local, state, or Federal requirements. Payment will be made upon receipt of a properly
completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as "Local Government Prompt Payment
Act."
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EXHIBIT G
Deliverable and Report Table
Report/Deliverable Name
Supporting Document
Due Date
Monthly Payment Request
As detailed in Exhibit F and
25th day of the month following
Exhibit H
the end of the month
Match
Match documentation,
25th day of the month following
Exhibit H-1
the end of the month
Quarterly Program Services
Quarterly Service Report
5th day of the month following
Report
the end of the quarters
Final Program Report
Final Program Report
30 days following the ending
Template
date of the agreement
Incident Report
Incident Report
Per Occurrence
Employment Screening
Certification from each
July 31 and per occurrence for
Certification
employee working on grant
each new hire
Security Awareness Training
Certificate for those staff
At contract execution and
entering data into State
annually thereafter.
System
Insurance (Director & Officer,
Insurance Certificate
Within 30 days of expiration
Workmen's Comp, Liability)
Favorable Conditions
Attestation Form
July 31 and annually
thereafter.
Financial and Compliance
Exhibit I
Annually within 9 months of
Audit
Fiscal Year End
Disaster Plan
Plan
Within 30 days of contract
execution and within 30 days
of any changes to the plan.
Deaf -and -Hard of Hearing
Single Point of Contact and
5th day of the month following
ADA Report
the end of the quarter
Conflict of Interest
Conflict of Interest Exhibit
Per occurrence
Client Services Report
Client Services Report
5th day of the month following
the end of the quarter
Planning Council and TAC
Sign in sheet, agenda
5th day of the month following
Calls Documentation
the end of the quarter
EXHIBIT H
PAYMENT/MATCH REQUEST
EXHIBIT I
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR 200,500 requires Collier County to monitor subrecipients of federal awards to determine if subreciplents are compliant with
established audit requirements. Accordingly, Collier County requires that all appropriate documentation is provided regarding your
organizations compliance.
In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity;
related to the federal award occurs, including any Federal award provided by Collier County. The' determination of amounts of Federal
awards 'expended shall be in accordance with guidelines established by OMB Circular A-133 for fiscal years beginning before December
26 2014 and established by 2 CFR Part 200 'Subpart F — Audit Requirements for fiscal Years beginning on or after December 26 2014.
This form may used to monitor Florida Single Audit Act (Statute 215.97) requirements.
Subrecipient
Name
First Date of Fiscal Year (MM/DD/YY)
Last Date of Fiscal Year (MM/DD/YY)
Total Federal Financial AssistanceExpended during most
Total State Financial Assistance Expended during most recently
recently completed Fiscal Year
completed Fiscal Year
Check A. or B. Check C if applicable
A. The Federal/State expenditure threshold for our fiscal year ending as indicated above has been met and a Circular A-'
❑
133 or 2 CFR Part 200, Subpart F Single Audit 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 OMB Circular A-133 or 2 CFR Part 200, Subpart F because we;
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons - explain
An audited financial statement is attached and if 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 reports. 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
Date
Print Name and Title
UO/15
A G R E E M E N T CIMHSA-001
For
Criminal Justice Mental Health Substance Abuse Reinvestment Grant
THIS CONTRACT, made and entered into on this day of 2017, by and between David
Lawrence Mental Health Center, Inc. authorized to do business in the State of Florida, whose business
address is 6075 Bathey Lane, Naples, Florida 34116, the "Subrecipient" and Collier County, a political
subdivision of the State of Florida, (the "County"):
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein, the
Parties agree as follows:
1. CONTRACT DOCUMENT
This contract is composed of Sections 1 through 47 hereof, as well as Exhibits A -I and any
exhibits referenced in said attachments, together with any documents incorporated by
reference, which contain all the terms and conditions agreed upon by both parties.
2. CONTRACT TERM
Services of the SUBRECIPIENT shall start on the 1St day of July, 2017 and end on the 30th day
of June, 2020. The term of this Agreement and the provisions herein may be extended by
amendment to cover any additional time period.
3. STATEMENT OF WORK
The Subrecipient shall provide services in accordance with the terms and conditions of
Criminal Justice Mental Health and Substance Abuse Reinvestment Grant Application and
the Subrecipient's proposal referred to herein and made an integral part of this Contract. This
Contract contains the entire understanding between the parties and any modifications to this
Contract shall be mutually agreed upon in writing by the Parties, in compliance with the
County's Procedures in effect at the time such services are authorized.
The Subrecipient shall perform all tasks and provide units of deliverables, including reports,
findings, and drafts, as specified in this Contract. These deliverables must be received and
accepted by the Grant Coordinator inconjunction with the pay requests, subject to audit and
review and to the satisfaction of the County. The County's determination of acceptance shall
be conclusive. The County's receipt of reports and other submissions by the Subrecipient does
not constitute acceptance thereof.
4. PERFORMANCE MEASURES
4.1 Performance Measures for Acceptance of Deliverables. The performance measures for the
acceptance of deliverables are set forth in Exhibit C, D and E.
4.2 Minimum Performance Measures. To avoid termination the Subrecipients performance must
meet the minimum performance standard set forth in Exhibit C, D and E. By execution of this contract
the Subrecipient acknowledges and agrees that its performance under the Contract must meet these
Minimum Performance Measures and that it will be bound by the conditions set forth therein. If the
Subrecipient fails to meet these standards, the County, at its exclusive option, may allow a reasonable
period, not to exceed 2 quarters, for the Subrecipient to correct performance deficiencies. If
performance deficiencies are not resolved, the County at its discretion may terminate the Contract and
request repayment of any or all payments made prior.
5. THE CONTRACT SUM
The County shall pay Subrecipient for the performance of this Contract a maximum amount of
Three Hundred and Seventy -Seven Thousand Four Hundred and Twenty -One Dollars and no
cents ($377,421.00). The County's performance and obligation to pay under this Contract is
contingent upon the County's contract with the Department of Children and Families Contract
and annual appropriation by the Legislature and the Board of County Commissioners.
6. PAYMENT
Payment will be made upon receipt of a proper invoice and supporting documentation and upon
approval by the Grant Coordinator or his designee, and in compliance with Chapter 218, Fla.
Stats., otherwise known as the "Local Government Prompt Payment Act" and in accordance with
Exhibit F.
6.1 Generally. The subrecipient shall submit supporting documentation in sufficient detail to
conduct a pre -audit and post -audit.
6.2 Final Invoice. Payments will be made for deliverables furnished, delivered, and accepted,
upon receipt and approval of invoices submitted on the date of services or within thirty (30) days
after completion of contract. Any untimely submission of invoices beyond the specified deadline
period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time
shall be deemed of the essence with respect to the timely submission of invoices under this
Contract.
7. INDEPENDENT CONTRACTOR, SUBCONTRACTING, AND ASSIGNMENT
7.1 In performing its obligations under this Contract, the Subrecipient shall at all times be
acting in the capacity of an independent contractor and not as an officer, employee, or agent of
the State of Florida or the County, except where the Subrecipient is a State agency. Neither the
Subrecipient nor any of its agents, employees, subcontractors or assignees shall represent to
others that it is an agent of or has the authority to bind the County by virtue of this Contract,
unless specifically authorized in writing to do so. This Contract does not create any right in
any individual to State or County retirement, leave benefits or any other benefits of State
employees as a result of performing the duties or obligations of this Contract.
7.2 The Subrecipient shall take such actions as may be necessary to ensure that it and each
subcontractor of the Subrecipient will be deemed to be an independent contractor and will not
be considered or permitted to be an officer, employee, or agent of the State of Florida. The
County will not furnish services of support (e.g., office space, office supplies, telephone service,
secretarial or clerical support) to the Subrecipient, or its subcontractor or assignee, unless
specifically agreed to by the County in this Contract. All deductions for social security,
withholding taxes, income taxes, contributions to unemployment compensation funds and all
necessary insurance for the Subrecipient, the Subrecipient's officers, employees, agents,
subcontractors, or assignees shall be the sole responsibility of the Subrecipient and its
subcontractors. The parties agree that no joint employment is intended and that, regardless of
any provision directing the manner of provision of services, the Subrecipient and its
subcontractors alone shall be responsible for the supervision, control, hiring and firing, rates of
pay and terms and conditions of employment of their own employees.
7.3 The Subrecipient shall not assign its responsibilities under this Contract to another party, in
whole or part, without prior written approval of the County, upon the County's sole
determination that such assignment will not adversely affect the public interest. No payment
shall be made under this Contract to any factor or other person who has been assigned or
transferred the right to receive payment in lieu of or on behalf of the Subrecipient except upon
full and faithful performance of the Subrecipient's duties hereunder. Any assignment or
transfer occurring without prior approval of the County shall be null and void. The
Subrecipient shall not subcontract for any of the work contemplated under this Contract
without prior written approval of the County, which shall not be unreasonably withheld.
7.4 The County shall at all times be entitled to assign or transfer, in whole or part, its rights,
duties, or obligations under this Contract to another governmental agency in the State of
Florida or to a Subrecipient of the County's selection, upon giving prior written notice to the
Subrecipient. In the event of assignment by either party, this Contract shall remain binding
upon the lawful successors in interest of the Subrecipient and the County.
7.5 The Subrecipient is responsible for all work performed and for all commodities produced
pursuant to this Contract whether actually furnished by the Subrecipient or by its
subcontractors. Any subcontracts shall be evidenced by a written document. The Subrecipient
further agrees that the County shall not be liable to the subcontractor in any way or for any
reason relating to this Contract.
7.6 The Subrecipient shall include, in all subcontracts (at any tier) the substance of all clauses
contained in this Contract that mention or describe subcontract compliance, as well as all clauses
applicable to that portion of the Subrecipient's performance being performed by or through the
subcontract
8. SUBRECIPIENT INDEMNITY
Section 19 of PUR 1000 Form shall apply per its terms, except that the phrase "arising from
or relating to personal injury and damage to real or personal tangible property" in the first
paragraph is replaced with "arising out of or by reason of the execution of this Contract or
arising from or relating to any alleged act or omission by the Subrecipient, its agents,
employees, partners, or subcontractors in relation to this Contract," and the following
additional terms will also apply:
8.1 If the Subrecipient removes an infringing product because it is not reasonably able to
modify that product or secure the County the right to continue to use that product, the
Subrecipient shall immediately replace that product with a non -infringing product that the
County determines to be of equal or better functionality or be liable for the County's cost in so
doing.
9. INTELLECTUAL PROPERTY
It is agreed that all intellectual property, inventions, written or electronically created materials,
including manuals, presentations, films, or other copyrightable materials, arising in relation to
Subrecipient's performance under this Contract, and the performance of all of its officers, agents
and subcontractors in relation to this Contract, are works for hire for the benefit of the County,
fully compensated for by the contract amount, and that neither the Subrecipient nor any of its
officers, agents nor subcontractors may claim any interest in any intellectual property rights
accruing under or in connection with the performance of this Contract. It is specifically agreed that
the County shall have exclusive rights to all data processing software falling within the terms of
section 119.084, F.S., which arises or is developed in the course of or as a result of work or services
performed under this Contract, or in any way connected herewith. Notwithstanding the foregoing
provision, if the Subrecipient is a university and a member of the State University System of
Florida, then section 1004.23, F.S., shall apply.
9.1 If the Subrecipient uses or delivers to the County for its use or the use of its employees,
agents or contractors, any design, device, or materials covered by letters, patent, or copyright,
it is mutually agreed and understood that, the compensation paid pursuant to this Contract
includes all royalties or costs arising from the use of such design, device, or materials in any
way involved in the work contemplated by this Contract. For purposes of this provision, the
term "use" shall include use by the Subrecipient during the term of this Contract and use by
the County, its employees, agents or contractors during the term of this Contract and
perpetually thereafter.
9.2 All applicable subcontracts shall include a provision that the Federal awarding agency
reserves all patent rights with respect to any discovery or invention that arises or is developed
in the course of or under the subcontract. Notwithstanding the foregoing provision, if the
Subrecipient or one of its subcontractors is a university and a member of the State University
System of Florida, then section 1004.23, F.S., shall apply, but the County shall retain a
perpetual, fully -paid, nonexclusive license for its use and the use of its contractors of any
resulting patented, copyrighted or trademarked work products.
10. PUBLICITY
Without limitation, the Subrecipient and its employees, agents, and representatives will not, without
prior County and State written consent in each instance, use in advertising, publicity or any other
promotional endeavor any County or State mark, the name of the State or County's mark, the name
of the State or County any State or County agency or affiliate or any officer or employee of the State
or County , or any State or County program or service, or represent, directly or indirectly, that any
product or service provided by the Subrecipient has been approved or endorsed by the State or
County, or refer to the existence of this Contract in press releases, advertising or materials
distributed to the Subrecipient's prospective customers.
11. SPONSORSHIP
As required by section 286.25, F.S., if the Subrecipient is a non-governmental organization
which sponsors a program financed wholly or in part by State funds, including any funds
obtained through this Contract, it shall, in publicizing, advertising, or describing the
sponsorship of the program state: "Sponsored by (Subrecipient's name) and the State of
Florida, Department of Children and Families" and Collier County, CHS. If the sponsorship
reference is in written material, the words "State of Florida, Department of Children and
Families" and Collier County, shall appear in at least the same size letters or type as the name of
the organization
12. MANDATORY REPORTING REQUIREMENTS
The Subrecipient must comply with and inform its employees of the following mandatory reporting
requirements. Each employee of the Subrecipient, providing services in connection with this
Contract who has any knowledge of a reportable incident shall report such incident as follows: 1)
reportable incidents that may involve an immediate or impending impact on the health or safety of
a client shall be immediately reported to the County Grant Coordinator; and 2) other reportable
incidents shall be reported to the County and the Florida State Department of Children and Families
Office of Inspector through the Internet at http://www.dcf.state.fl.us/admin/i_q/rpfraudl.shtmi or by
completing a Notification/ Investigation Request (Form CF 1934) and emailing the request to the
Office of Inspector General at IG.Complaints@myflfamilies.com. The Subrecipient may also mail
the completed form to the Office of Inspector General, 1317 Winewood Boulevard, Building 5, 2nd
Floor, Tallahassee, Florida, 32399-0700; or via fax at (850) 488-1428. A reportable incident is defined
in CFOP 180-4, which can be obtained from the County Grant Coordinator.
13. RECORDS AUDITS AND DATA SECURITY
13.1 Records, Retention, Audits, Inspections and Investigations.
13.1 The Subrecipient shall establish and maintain books, records and documents (including
electronic storage media) sufficient to reflect all income and expenditures of funds provided by
the County under this Contract.
13.2 Retention of all client records, financial records, supporting documents, statistical records,
and any other documents (including electronic storage media) pertinent to this Contract shall
be maintained by the Subrecipient during the term of this Contract and retained for a period of
six (6) years after completion of the Contract or longer when required by law. In the event an
audit is required under this Contract, records shall be retained for a minimum period of six (6)
years after the audit report is issued or until resolution of any audit findings or litigation based
on the terms of this Contract, at no additional cost to the County.
13.3 Upon demand, at no additional cost to the County, the Subrecipient will facilitate the
duplication and transfer of any records or documents during the term of this Contract and the
required retention period in Section 13.2 hereof.
13.4 These records shall be made available at all reasonable times for inspection, review,
copying, or audit by Federal, State, or other personnel duly authorized by the County.
13.5 At all reasonable times for as long as records are maintained, persons duly authorized by
the County and Federal auditors, pursuant to 45 Code of Federal Regulations (CFR) s.
92.36(1)(10), shall be allowed full access to and the right to examine any of the Subrecipient's
contracts and related records and documents, regardless of the form in which kept.
13.6 A financial and compliance audit shall be provided to the County as specified in this
Contract.
13.7 The Subrecipient shall comply and cooperate immediately with any inspections, reviews,
investigations, or audits deemed necessary by The Office of the Inspector General (section
20.055, F.S.).
13.8 The Subrecipient shall ensure all staff and subcontractors associated with this agreement
have been screen as required by Florida law in accordance with chapter 435 Florida Statutes, are
of good moral character and meet the Level 2 Employment Screening standards.
14. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
In compliance with 45 CFR s.164.504(e), the Subrecipient shall comply with the provisions of this
Contract, governing the safeguarding, use and disclosure of Protected Health Information created,
received, maintained, or transmitted by the Subrecipient or its subcontractor's incidental to the
Subrecipient's performance of this Contract.
15. CONFIDENTIAL CLIENT AND OTHER INFORMATION
Except as provided in this Contract, the Subrecipient shall not use or disclose but shall protect
and maintain the confidentiality of any client information and any other information made
confidential by Florida law or Federal laws or regulations that is obtained or accessed by the
Subrecipient or its subcontractor's incidental to performance under this Contract.
16. DATA SECURITY
The Subrecipient shall comply with the following data security requirements whenever
the Subrecipient or its subcontractors have access to County data systems or maintain any
client or other confidential information in electronic form:
16.1 An appropriately skilled individual shall be identified by the Subrecipient to function as
its Data Security Officer. The Data Security Officer shall act as the liaison to the County's
security staff and will maintain an appropriate level of data security for the information the
Subrecipient is collecting or using in the performance of this Contract. An appropriate level of
security includes approving and tracking all Subrecipient employees that request or have
access to any County data system or information. The Data Security Officer will ensure that
user access to the data system or information has been removed from all terminated
Subrecipient employees.
16.2 The Subrecipient shall complete the latest Department of Children and Families security
awareness training to its staff who have access to State information.
16.3 All Subrecipient employees who have access to State information shall comply with, and
be provided a copy of CFOP 50-2, and shall sign the DCF Security Contract form CF 0114
annually. A copy of CF 0114 may be obtained from the County Grant Coordinator.
16.4 The Subrecipient shall make every effort to protect and avoid unauthorized release of any
personal or confidential information by ensuring both data and mobile storage devices are
encrypted as prescribed in CFOP 50-2. If encryption of these devices is not possible, then the
Subrecipient shall assure that unencrypted personal and confidential State data will not be
stored on unencrypted storage devices.
16.5 The Subrecipient agrees to notify the Grant Coordinator as soon as possible, but no later
than five (5) business days following the determination of any breach or potential breach of
personal and confidential State data.
16.6 The Subrecipient shall at its own cost provide notice to affected parties no later than 45
days following the determination of any potential breach of personal or confidential County or
State data as provided in section 817.5681, F.S. The Subrecipient shall also at its own cost
implement measures deemed appropriate by the County to avoid or mitigate potential injury
to any person due to a breach or potential breach of personal and confidential County data
The Subrecipient shall cause each of its subcontractors having access to County or State data systems
or maintaining any client or other confidential information in electronic form to comply with the
provisions of this Section and the term "Subrecipient" shall be deemed to mean the subcontractor for
such purposes
17. MOST FAVORED PARTY STATUS
The Subrecipient represents and warrants that the prices and terms for its services under this
Contract are no less favorable to the County than those for similar services under any existing
contract with any other party. The Subrecipient further agrees that, within ninety (90) days of
Subrecipient entering into a contract or contract amendment or offering to any other party services
similar to those under this Contract under prices or terms more favorable than those provided in
this Contract, the Subrecipient will report such prices and terms to the County, which prices or
terms shall be effective as an amendment to this Contract upon the County's written acceptance
thereof. Should the County discover such other prices or terms, the same shall be effective as an
amendment to this Contract retroactively to the earlier of the effective date of this Contract (for
other contracts in effect as of that date) or the date they were first contracted or offered to the other
party (for subsequent contracts, amendments or offers) and any payment in excess of such pricing
shall be deemed overpayments. Subrecipient shall submit an affidavit no later than July 31st of each
year during the term of this Contract attesting that the Subrecipient is in compliance with this
provision, as required by section 216.0113, F.S.
18. ANTI COMPETITIVE CONTRACTS
The Subrecipient will not offer, enter into nor enforce any formal or informal Contract with any
person, firm or entity under which the parties agree to refrain from competing for any future service
contract or limit in any manner the ability of either party to obtain employment by or provide
services to the County or a Subrecipient of services to the County.
19. TRANSITIONING YOUNG ADULTS
The Subrecipient understands Children and Families interest in assisting young adults aging out of
the dependency system. The County encourages Subrecipient participation with the local
Community -Based Care Lead Agency Independent Living Program to offer gainful employment to
youth in foster care and young adults transitioning from the foster care system.
20. CLIENT RISK PREVENTION
If services to clients are to be provided under this contract, the subrecipient shall in accordance with
the client risk prevention system, report those reportable situations listed in CFOP 215-6 in the
manner prescribed in 215-6 and immediately report any knowledge or reasonable suspicion of
abuse, neglect, or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline
at 1-800-96ABUSE.
21. DEO AND WORKFORCE FLORIDA
The Subrecipient understands that the Florida Department of Children and Families, the
Department of Economic Opportunity, and Workforce Florida, Inc., have jointly implemented an
initiative to empower recipients in the Temporary Assistance to Needy Families Program to enter
and remain in gainful employment. The County encourages Subrecipient participation with the
Department of Economic Opportunity and Workforce Florida.
22. NOTICES. All notices from the County to the Subrecipient shall be deemed duly served if mailed
or faxed to the Subrecipient at the following Address:
David Lawrence Mental Health Center, Inc.
6075 Bathey Lane
Naples, FL 34116
Attention: Scott Burgess, CEO
Telephone: 239-455-8500
All Notices from the Subrecipient to the County shall be deemed duly served if
mailed or faxed to the County to:
Collier County Government Center
Community and Human Services Division
3339 Tamiami Trail, East
Suite 211
Naples, Florida 34112
Attention: Dawn Whelan, Grant Coordinator
Telephone: 239-252-4230
Facsimile: 239-252-6571
The Subrecipient and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Contract
must be in writing.
23. NO PARTNERSHIP. Nothing herein contained shall create or be construed as
creating a partnership between the County and the Subrecipient or to constitute the
Subrecipient as an agent of the County.
24. NO IMPROPER USE. The Subrecipient will not use, nor suffer or permit any
person to use in any manner whatsoever, County facilities for any improper,
immoral or offensive purpose, or for any purpose in violation of any federal, state,
county or municipal ordinance, rule, order or regulation, or of any governmental
rule or regulation now in effect or hereafter enacted or adopted. In the event of such
violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Subrecipient to be objectionable or improper,
the County shall have the right to suspend the contract of the Subrecipient. Should
the Subrecipient 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 to continue until the violation
is cured. The Subrecipient further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the
County.
25. TERMINATION. Should the Subrecipient be found to have failed to perform his
services in a manner satisfactory to the County as per this Contract, the County may
terminate said Contract for cause; further the County may terminate this Contract
for convenience with a ninety (90) day written notice. The County shall be sole judge
of non-performance.
In the event that the County terminates this Contract, Subrecipient's recovery
against the County shall be limited to that portion of the Contract Amount earned
through the date of termination. The Subrecipient shall not be entitled to any other
or further recovery against the County, including, but not limited to, any damages
or any anticipated profit on portions of the services not performed.
26. NO DISCRIMINATION. The Subrecipient agrees that there shall be no
discrimination as to race, sex, color, creed or national origin.
27. INSURANCE. The Subrecipient shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of
$1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and
Property Damage Liability. This shall include Premises and Operations;
Independent Contractors; Products and Completed Operations and Contractual
Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $300,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned
Vehicles and Employee Non -Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
D. Professional Liability: Shall be maintained by the Consultant to ensure its legal
liability for claims arising out of the performance of professional services under this
Contract. Consultant waives its right of recovery against County as to any claims
under this insurance. Such insurance shall have limits of not less than $1,000,000
each claim and in the aggregate.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General
Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Subrecipient during the duration of this Contract. The Contractor
shall provide County with certificates of insurance meeting the required insurance
provisions. Renewal certificates shall be sent to the County ten (10) days prior to any
expiration date. Coverage afforded under the policies will not be canceled or
allowed to expire until the greater of: ten (10) days prior written notice, or in
accordance with policy provisions. Subrecipient shall also notify County, in a like
manner, within twenty-four (24) hours after receipt, of any notices of expiration,
cancellation, non -renewal or material change in coverage or limits received by
Subrecipient from its insurer, and nothing contained herein shall relieve
Subrecipient of this requirement to provide notice.
Subrecipient shall ensure that all subcontractors comply with the same insurance
requirements that he is required to meet.
28. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Subrecipient shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from
any claimed breach of this Contract by Subrecipient, any statutory or regulatory
violations, or from personal injury, property damage, direct or consequential
damages, or economic loss, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Subrecipient or anyone employed or utilized
by the Subrecipient in the performance of this Contract. 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.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
28.1 The duty to defend under this Article 27 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability
of the Subrecipient, County and any indemnified party. The duty to defend arises
immediately upon presentation of a claim by any party and written notice of such
claim being provided to Subrecipient. Subrecipient's obligation to indemnify and
defend under this Article 027 will survive the expiration or earlier termination of
this Contract until it is determined by final judgment that an action against the
County or an indemnified party for the matter indemnified hereunder is fully and
finally barred by the applicable statute of limitations.
29. CONTRACT ADMINISTRATION. This Contract shall be administered on behalf
of the County by the Public Services Division, Community and Human Services
Division.
30. CONFLICT OF INTEREST: Subrecipient shall represent that it presently has no
interest and shall acquire no interest, either direct or indirect, which would conflict
in any manner with the performance of services required hereunder. Subrecipient
shall further represent that no persons having any such interest shall be employed
to perform those services.
31. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112,
Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as
amended, and County Administrative Procedure 5311. Violation of this provision
may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and/or any employee of the firm from contact with County staff
for a specified period of time; b. Prohibition by the individual and/or firm from
doing business with the County for a specified period of time, including but not
limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of
any contract held by the individual and/or firm for cause.
32. COMPLIANCE WITH LAWS. By executing and entering into this Contract, the
Subrecipient is formally acknowledging without exception or stipulation that it
agrees to comply, at its own expense, with all federal, state and local laws, codes,
statutes, ordinances, rules, regulations and requirements applicable to this Contract.
Unauthorized aliens shall not be employed. Employment of unauthorized aliens
shall be cause for unilateral cancellation of this Contract by the County for violation
of section 274A(e) of the Immigration and Nationality Act (8 U.S.C. § 1324 a) and
section 101 of the Immigration Reform and Control Act of 1986. The subrecipient
will enroll in and use the E -verify system established by the U.S. Department of
Homeland Security to verify the employment eligibility of its employees performing
under this Contract. Employees assigned to the contract means all persons
employed or assigned (including all subcontractors) by the Subrecipient during the
contract term to perform work pursuant to this contract within the United States
and its territories. Furthermore, failure by the Subrecipient to comply with the laws
referenced herein shall constitute a breach of this Contract and the County shall
have the discretion to unilaterally terminate this Contract immediately.
33. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at
the discretion of the successful proposer.
34. CONTRACT TERMS. If any portion of this Contract is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Contract
shall remain in effect.
35. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be
added to this contract in compliance with the Purchasing Ordinance and
Purchasing Procedures.
36. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding
permitted by this Contract to resolve disputes between the parties, the parties shall
make a good faith effort to resolve any such disputes by negotiation. The
negotiation shall be attended by representatives of 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 Contract, the parties shall attempt to resolve the
dispute through Mediation before an agreed-upon Circuit Court Mediator certified
by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who
would make the presentation of any settlement reached at mediation to County's
board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under
section 44.102, Fla. Statue.
37, VENUE. Any suit or action brought by either party to this Contract against the other
party relating to or arising out of this Contract 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.
38. KEY PERSONNEL/PROJECT STAFFING: The Subrecipient personnel and
management to be utilized for this project shall be knowledgeable in their areas of
expertise. The County reserves the right to perform investigations as may be
deemed necessary to ensure that competent persons will be utilized in the
performance of the contract. The Subrecipient shall assign as many people as
necessary to complete the services on a timely basis, and each person assigned
shall be available for an amount of time adequate to meet the required service. The
Subrecipient shall not change Key Personnel unless the following conditions are
met: (1) Proposed replacements have substantially the same or better qualifications
and/or experience. (2) the County is notified in writing in advance. The
Subrecipient shall make commercially reasonable efforts to notify Collier County
within seven (7) days of the change. The County retains final approval of proposed
replacement personnel.
39. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms
of any of the Contract Document, Exhibits A -I and any documents incorporated by
reference into any exhibit be reference the terms of the Request for Proposal
(RFP)/ ITB and/or the Subrecipient's Proposal, Attachments shall take precedence.
40. RESOLUTION 2013-228. Corrective action plans may be required for
noncompliance, nonperformance, or unacceptable performance under this
contract. Penalties may be imposed for failures to implement or to make acceptable
progress on such corrective action plans.
In order to effectively enforce Resolution No, 2013-228, Community and Human
Services (CHS) has adopted an escalation policy to ensure continued compliance
by Subrecipients, Developers, or any entity receiving grant funds from CHS.
CHS's policy for escalation for non-compliance is as follows:
1. Initial non-compliance may result in Findings or Concerns being
issued to the entity and will require a corrective action plan be
submitted to the Division within 15 days following issuance of the
report.
• Any pay requests that have been submitted to the Division for
payment will be held until the corrective action plan has been
submitted.
• CHS will be available to provide Technical Assistance (TA) to the
entity as needed in order to correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a
timely manner to the Division, the Division may require a portion of
the awarded grant amount be returned to the Division.
• The County may require upwards of five percent (5%) of the
award amount be returned to the Division, at the discretion of the
Board of County Commissioners.
• The entity may be considered in violation of Resolution No. 2013-
228
3. If in the case an Entity continues to fail to correct the outstanding
issue or repeats an issue that was previously corrected, and has been
informed by the Division of their substantial non-compliance by
certified mail; the Division may require a portion of the awarded
grant amount or the amount of the CDBG investment for acquisition
of the properties conveyed, be returned to the Division.
• The Division may require upwards of ten percent (10%) of the
award amount be returned to the Division, at the discretion of the
Board of County Commissioners.
• The entity will be considered in violation of Resolution No. 2013-
228
4. If in the case after repeated notification the Entity continues to be
substantially non- compliant, the Division may recommend the
contract or award be terminated.
• The Division will make a recommendation to the Board of
County Commissioners to immediately terminate the agreement
or contract. The Entity will be required to repay all funds
disbursed by the County for project that was terminated. This
includes the amount invested by the County for the initial
acquisition of the properties or other activities.
• The entity will be considered in violation of Resolution No. 2013-
228
If in the case the Entity has multiple agreements with the Division and is found to
be non- compliant, the above sanctions may be imposed across all awards at the
BCC's discretion.
41. CIVIL RIGHT REQUIREMENTS. In accordance with Title VII of the Civil Rights
Act of 1964, the Americans with Disabilities Act of 1990, or the Florida Civil Rights Act
of 1992, as applicable the Subrecipient shall not discriminate against any employee (or
applicant for employment) in the performance of this Contract because of race, color,
religion, sex, national origin, disability, age, or marital status. Further, the Provider
agrees not to discriminate against any applicant, client, or employee in service delivery
or benefits in connection with any of its programs and activities in accordance with 45
CFR, Parts 80, 83, 84, 90, and 91, Title VI of the Civil Rights Act of 1964, or the Florida
Civil Rights Act of 1992, as applicable and CFOP 60-16. These requirements shall apply
to all contractors, subcontractors, grantees or others with who it arranges to provide
benefits to clients or employees in connection with its programs and activities. If
employing fifteen or more employees, the Provider shall complete the Civil Rights
Compliance Checklist, CF Form 946 within 30 days of execution of this Contract and
annually thereafter in accordance with CFOP 60-16 and 45 CFR, Part 80.
42. USE OF FUNDS FOR LOBBYING PROHIBITED. The Subrecipient shall comply
with the provisions of sections 11.062 and 216.347, F.S., which prohibit the expenditure
of contract funds for the purpose of lobbying the Legislature, judicial branch, or a State
Agency.
43. PUBLIC ENTITY CRIME AND DISCRIMATORY CONTRACTORS. Pursuant to
sections 287.133 and 287.134, FS., the following restrictions are placed on the ability of
persons placed on the convicted vendor list or the discriminatory vendor list. When a
person or affiliate has been placed on the convicted vendor list following a conviction
for a public entity crime, or an entity or affiliate has been placed on the discriminatory
vendor list, such person, entity or affiliate may not submit a bid, proposal, or reply on a
contract to provide any goods or services to a public entity; may not submit a bid,
proposal, or reply on a contract with a public entity for the construction or the repair of
public building or public work; may not submit bids, proposals, or replies on leases of
real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may
not transact business with any public entity; provided, however, that the prohibition on
person or affiliates placed on the convicted vendor shall be limited to business in excess
of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO for a
period of thirty-six (36) months from the date of being placed on the convicted vendor
list.
44. WHISTLEBLOWER'S ACT REQUIREMENTS. In accordance with subsection
112.3187(2) F.S., the Subrecipient and its subcontractors shall not retaliate against an
employee for reporting violations of law, rule, or regulation that creates substantial and
specific danger to the public's health, safety, or welfare to an appropriate agency.
Furthermore, agencies or independent contractors shall not retaliate against any person
who discloses information to an appropriate agency alleging improper use of
governmental office, gross waste of funds, or any other abuse or gross neglect of duty
on the part of an agency, public officer, or employee. The Provider and any
subcontractor shall inform its employees that they and other persons may file a
complaint with the Office of Chief Inspector General, Agency Inspector General, the
Florida Commission on Human Relations or the Whistle -blower's Hotline number at 1-
800-543-5353.
45. SUPPORT TO THE DEAF OR HARD -OF -HEARING
45.1 Where direct services are provided, the Subrecipient and its subcontractors shall
comply with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as implemented
by 45 CFR Part 84 (hereinafter referred to as Section 504), the Americans with
Disabilities Act of 1990, 42 U.S.C. 12131, as implemented by 28 CFR Part 35 (hereinafter
referred to as ADA), and the Children and Families Operating Procedure (CFOP) 60-10,
Chapter 4, entitled "Auxiliary Aids and Services for the Deaf or Hard -of -Hearing."
45.2 If the Subrecipient or any of its subcontractors employs 15 or more employees, the
Subrecipient shall designate a Single -Point -of -Contact (one per firm) to ensure effective
communication with deaf or hard -of -hearing customers or companions in accordance
with Section 504 of the ADA, and CFOP 60-10, Chapter 4. The Provider's Single -Point -
of -Contact and that of its Subcontractors will process the compliance data into the
County's HHS Compliance Reporting Database by the 5th business day of the month,
covering the previous month's reporting, and forward confirmation of submission to
the Contract Manager. The name and contact information for the Provider's Single -
Point -of -Contact shall be furnished to the County's Grant or Contract Manager within
14 calendar days of the effective date of this requirement.
45.3. The Subrecipient shall, within 30 days of the effective date of this requirement,
contractually require that its subcontractors comply with Section 504, the ADA, and
CFOP 60-10, Chapter 4. A Single -Point -of -Contact shall be required for each
subcontractor that employs 15 or more employees. This Single -Point -of -Contact will
ensure effective communication with deaf or hard -of -hearing customers or companions
in accordance with Section 504 and the ADA and coordinate activities and reports with
the Provider's Single -Point -of -Contact.
45.4. The Single -Point -of -Contact shall ensure that employees are aware of the
requirements, roles & responsibilities, and contact points associated with compliance
with Section 504, the ADA, and CFOP 60-10, Chapter 4. Further, employees of providers
and their subcontractors with 15 or more employees shall attest in writing that they are
familiar with the requirements of Section 504, the ADA, and CFOP 60-10, Chapter 4.
This attestation shall be maintained in the employee's personnel file.
45.5. The Provider's Single -Point -of -Contact will ensure that conspicuous Notices which
provide information about the availability of appropriate auxiliary aids and services at
no -cost to the deaf or hard -of -hearing customers or companions are posted near where
people enter or are admitted within the agent locations. Such Notices must be posted
immediately by The Subrecipient and its subcontractors. The approved Notice can be
downloaded through the Internet at: http://www.myflfamilies.com/about-
us/ services -deaf -and -hard -hearing/ dcf-posters.
45.6. The Subrecipient and its subcontractors shall document the customer's or
companion's preferred method of communication and any requested auxiliary
aids/ services provided in the customer's record. Documentation, with supporting
justification, must also be made if any request was not honored. The Subrecipient shall
distribute Customer Feedback forms to customers or companions, and provide
assistance in completing the forms as requested by the customer or companion.
45.7. Customers or companions are referred to other agencies, the Subrecipient must
ensure that the receiving agency is notified of the customer's or companion's preferred
method of communication and any auxiliary aids/ service needs.
45.8. The County requires each contract/ subcontract Subrecipient agency's direct
service employees to complete Serving our Customers who are Deaf or Hard -of -
Hearing and sign the Attestation of Understanding. Direct service employees
performing under this Contract will also print their certificate of completion, attach it to
their Attestation of Understanding, and maintain them in their personnel
46. RECYCLED PRODUCTS. The Subrecipient shall procure any recycled products
or materials, which are the subject of or are required to carry out this Contract, in
accordance with the provisions of sections 403.7065, F.S.
47. EMPLOYMENT SCREENING
47.1. The Subrecipient shall ensure that all staff utilized by the Subrecipient and its
subcontractors that are required by Florida law to be screened in accordance with
chapter 435, F.S., are of good moral character and meet the Level 2 Employment
Screening standards specified by sections 435.04,110.1127, and subsection 39.001(2),
F.S., as a condition of initial and continued employment that shall include but not be
limited to:
a. Employment history checks;
b. Fingerprinting for all criminal record checks;
c. Statewide criminal and juvenile delinquency records checks through the Florida
County of Law Enforcement (FDLE);
d. Federal criminal records checks from the Federal Bureau of Investigation via the
Florida County of Law Enforcement; and
e. Security background investigation, which may include local criminal record checks
through local law enforcement agencies.
f. Attestation by each employee, subject to penalty of perjury, to meeting the
requirements for qualifying for employment pursuant to chapter 435 and agreeing to
inform the employer immediately if arrested for any of the disqualifying offenses while
employed by the employer.
47.2. The Subrecipient shall sign an affidavit each State fiscal year for the term of the
contract stating that all required staff have been screened or the Subrecipientis awaiting
the results of screening.
IN WITNESS, WHEREOF, the parties hereto, have each, respectively, by an authorized
person or agent, have executed this Contract on the date and year first written above.
ATTEST:
Dwight E. Brock, Clerk of Courts
Dated:
(SEAL)
Approved as to Form and Legality:
Assistant County Attorney
.,N� r Q .Af3
. LL��D�C7
Print Name �.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Bv:
Penny Taylor, Chairman
Date:
David Lawrence Mental Health Center,
Inc.
By:
Scott Burgess
Chief Executive Officer
Date:
/6
Q ..
EXHIBIT A — DEFINITIONS
A-1. PROGRAM SPECIFIC TERMS
A-1.1. Central Coordination Program means the program proposed in the County's Application, designed to
improve centralized coordination among some combination of mental health providers, law enforcement
agencies, courts, and other partner agencies, with regard to one or more aspects of substance abuse or mental
health services for the target population
A-1.2. Centralized Assessment Center (CAC) Program Participant refers to an individual who has been assessed
at the CAC for Forensic Reintegration Support Team (FIRST) program eligibility but has not been enrolled.
Program.
A-1.3. Crisis Intervention Team (CIT) means a first responder model that provides law enforcement -based crisis
intervention training for assisting individuals with a mental illness experiencing a behavioral healthcare crisis.
A-1.4 Forensic Intensive Reintegration Support Team (FIRST) Program Participants refers to individuals enrolled
in Case Management and any other service offered through the FIRST Program.
A-1.5.SSD/SSDI is an acronym for the Supplemental Security Income and Social Security Disability Insurance
programs administered by the United States Social Security Administration.
A-1.6. Strategic Plan means a document that is the result of a formal systemic and stakeholder planning process
that documents participation by stakeholders; is data and research driven; establishes a path to the
accomplishment of prioritized goals and objectives; and describes an intended outcome and measurable targets
of achievement. If the Subrecipient participated in Sequential Intercept Mapping, the document produced as a
result of that mapping may serve as the strategic plan.
A-1.7. Target Population means the selected category of individual for which the Subrecipient intends to develop
and focus grant -related activities, further defined as follows;
A-1.7.1 Adults refers to person age 18 or older who are arrested, or those at -risk of involvement in
the criminal justice system, who are high utilizers of emergency or crisis services. Typically, these
individuals are poor, experience homelessness, and have chronic health issues, including mental
illness, substance use disorder, or a combination thereof. Through repeat encounters with law
enforcement, courts, jail, fire Counties, emergency medical services, hospital and shelters, they
consume a disproportionate amount of health, social services, and criminal justice resources -usually
without attaining positive outcomes. Individuals who pose a high public safety risk are excluded,
including those with a current charge of murder, sexual assault, or arson.
EXHIBIT B - SCOPE OF WORK
B-1. SCOPE OF SERVICE
B-1.1. This is a three-year Grant Agreement, pursuant to the authority under s. 394.656, F.S. The
Subrecipient, under the guidance of Collier County's CJMHSA Planning Council (Planning Council), shall
enhance and expand its existing Forensic Intensive Reintegration Support Team Program (FIRST) to increase
the annual number of Program participants receiving criminal justice diversion services at the Centralized
Assessment Center (CAC), located at the David Lawrence Mental Health Center, Inc.
B-1.2. The Subrecipient shall conduct all activities supported by this Grant Agreement in accordance with
the County's Application, dated September 16, 2016, in response to the Department of Children and Families
Request for Applications (RFA06H16GS1). Both the County's Application and the Department's Request for
Applications are hereby incorporated by reference and shall be maintained in the Subrecipient's and the
County's official files. The terms of the County's Application may not be changed without specific advance written
approval by the Department of Children and Families.
B-2. MAJOR OBJECTIVES
The primary goal of this Grant Agreement is to increase public safety, avert increased spending on criminal justice
systems, and improve the accessibility and effectiveness of treatment services for adults with serious mental illness,
substance abuse and, co-occurring mental health and substance abuse disorders, who are in, or at risk of entering,
the criminal justice system; and reduce crime, recidivism, and use of forensic institutions among the target population.
The major objectives of this Grant Agreement that contribute to the goal are to:
B-2.1. Assist in the expansion of CJMHSA services and diversion initiatives described in the County's
Application, hereby incorporated by reference as evidenced by increased capacity of clients served, as reflected
on the quarterly client service report;
B-2.2. Create and encourage collaboration among key stakeholders, identified in the County's Application
as evidenced by CJMHSA Planning Council and Technical Assistance call participation as evidenced by sign in
sheets with DLC staff signatures and agendas.
B-3. SERVICE AREA LOCATIONS AND TIMES
B-3.1. Service Area
The Subrecipient shall provide services within Collier County.
B-3.2. Service Delivery Location
B-3.2.1. The Subrecipient's administrative offices are listed in Section B-3.2.2.1.
B-3.2.2. The primary service delivery location(s) shall be:
B-3.2.2.1. David Lawrence Mental Health Center, Inc.
6075 Bathey Lane
Naples, FL 34116
Attention: Scott Burgess, CEO
B-3.3. Service Times
Services shall be available and provided, at a minimum, between the hours of 8:00 am through 5:00 pm, Monday
through Friday, excluding state holidays. Changes in service times and any additional holidays that the
Subrecipient wants to observe shall be approved in writing by the County.
B-3.4. Changes in Location.
The Subrecipient shall notify the County in writing a minimum of one week prior to making changes in office
location or any changes that will affect the County's ability to contact the provider by telephone, facsimile, or
email.
B-3.5. Program Years
For the purposes of this Grant, Program Years are defined as:
B-3.5.1.
Program Year 1: 7/1/17 — 06/30/18;
B-3.5.2.
Program Year 2: 7/1/18 — 6/30/19; and
B-3.5.3.
Program Year 3: 7/1/19 — 6/30/20.
The program years do not restrict the expenditure of funds but rather are used for performance
purposes only in tracking outcome measures. The allocation may be expended in any amount through
any year throughout the grant.
B-4. CLIENTS TO BE SERVED
Individuals to be served are adults with serious mental illnesses, substance abuse and or co-occurring mental
health and substance use disorder who are in, or at risk of entering, the criminal justice system.
B-5. CLIENT ELIGIBILITY AND DETERMINATION.
The Subrecipient is responsible for assessing and determining the eligibility of each person served under this Grant
Agreement. The Subrecipient may assign this responsibility to a subgrantee.
B-6. GRANT LIMITS
The total funds awarded under this Grant shall not exceed $377,421.00 over the lifetime of this contract.
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EXHIBIT C - TASK LIST
The Subrecipient shall perform all functions necessary for the proper delivery of services including, but not limited to,
the following:
C-1. SERVICE TASKS
C-1.1. To support the objective in Section B-2, within three months of execution of this Grant Agreement, the
Subrecipient shall enhance its existing Program and diversion initiatives to increase public safety, avert
increased spending on criminal justice; and reduce crime, recidivism, and use of forensic institutions among the
target population. To achieve this outcome, the Subrecipient shall:
C-1.1.1 Assist in the development and shall share client information to allow for a system to track
individuals during their involvement with the Program and for one year after discharge, including but
not limited to: arrests, receipt of benefits, employment, and stable housing as evidenced by the data
shared with NAMI and reported by NAMI on the quarterly tracking identifying clients served and
progress with above services.
C-1.1.2 Ensure that all staff members are hired to provide services to accommodate the number of
individuals served;
C-1.1.2.1. Hire and train all staff listed in Section C-2.1 as evidenced by payroll report
showing employed staff by name and position (submission required with initial payment
request and only when personnel changes are made thereafter); and
C-1.1.3 Enhance the FIRST program to focus on serious mental illnesses co-occurring mental illness
and substance use disorders and substance abuse as evidenced by quarterly client service report.
C-1.2. To support the objective in Section B-2.2., the County encourages collaboration among key
stakeholders, identified in the County's Application. To achieve this outcome, the Subrecipient shall:
C-1.2.1 Participate in quarterly Planning Council meetings, strategic planning process, and FIRST
Oversight Committee Meetings as evidenced by sign in sheets and agenda; and
C-1.2.2 Participate in the FIRST Oversight Committee to complete the Process and Outcomes
evaluations and present the findings at minimum annually to the Planning Council as evidenced by the
agenda and evaluation report.
C-1.3. To support the program objective the Subrecipient shall refer clients to peer support services and
provide therapies to those clients who agree to participate in an effort to improve quality of life among Program
participants. To achieve this outcome, the Subrecipient shall provide referral to NAMI for peer support services
and therapy data on the quarterly client service report.
C-2. ADMINISTRATIVE TASKS
STAFFING
C-2.1. The Subrecipient shall assign and maintain the following staff, as detailed in the County's
Application and supported by this Grant Agreement, as evidenced by Payroll Summary identifying staff
and title and job description (submission required upon hiring and at agreement execution through:
C-2.1.1 2.0 FTE Case Manager/Outreach Specialist;
C-2.1.2 0.125 FTE Therapist;
C-2.1.3 0.025 FTE Therapist Supervisor;
C-2.1.4 0.375 FTE FIRST Program Supervisor;
C-2.1.5 0.1 FTE FIRST Clinical Director;
C-2.1.6 1.0 FTE Intake Clinician;
C-2.1.7 0.05 FTE Intake Clinical Director;
C-2.1.8 0.5 FTE Grant Compliance Specialist;
C-2.1.9 0.1 FTE Program Support Staff;
C-2.1.10 0.05 FTE Accounting Director; and
C-2.1.11 0.25 FTE Accounting Clerk.
C-3. Professional Qualifications
The Subrecpient shall ensure Program staff assigned maintains all applicable minimum licensing, accreditation,
training and continuing education requirements required by state and federal laws or regulations for their
assigned duties and responsibilities.
C-4. Subcontracting
C-4.1. Without express written advance authorization by the County, the Subrecipient shall not
award subcontracts or sub -grants to any other individuals or organizations; nor shall it transfer,
reassign or otherwise give responsibility for the implementation of any services funded by this
Contract.
C-4.2. The Subrecipient shall; require all subcontractors or sub-Subrecipients at any tier level to
comply with the E -verify clause subject to the same requirement as the Subrecipient.
C-4.3. The Subrecipient shall be responsible for coordinating expenditures made by subcontractors
and sub-Subrecipients. The Subrecipient shall ensure funds dispersed to subcontractors and sub-
Subrecipients are expended for the purposes intended and that a full accounting for these grant
funds is made.
C-4.4. The Subrecipient shall be responsible for service delivery, monitoring and quality assurance
of all subcontracts or sub -grants entered into by the Subrecipient under this Contract.
C-4.5. The Subrecipient shall include in all subcontract or sub -Contracts: a detailed scope of work;
clear and specific deliverables; performance standards; sanctions for nonperformance;
programmatic monitoring requirements; fiscal monitoring requirements; detailed documentation
requirements, and the substance of all clauses in the Contract that mention or describe subcontract
compliance.
C-5. Records and Documentation
C-5.1 The Subrecipient shall retain all financial records, supporting documents, statistical records
and any other documents, whether kept by electronic storage media or otherwise, for a period of not
less than six years after the starting date of this Contract. If audit findings have not been resolved
at the end of the six-year period, the records shall be retained until resolution of the audit findings.
State auditors and any persons authorized by the County shall have full access to, and shall have
the right to examine any materials at any time during regular business hours.
C-5.2. The Subrecipient shall provide data and other information requested by the CJMHSA Grant
Technical Assistance Center (TAC) at the Louis de la Parte Florida Mental Health Institute of the
University of South Florida to enable TAC to perform statutory duties established in the authorizing
legislation.
C-7 Reports
C-5.3. The Subrecipient shall protect confidential records from disclosure and protect participants'
confidentiality in accordance with s.397.501(7), F.S.
C-5.4. Unless otherwise specified in Section C-2.5., all correspondence, reports, records and
documentation may be maintained and provided to the County electronically.
C-5.5 The Subrecipient shall maintain, and shall ensure all subcontractors and subgrantees maintain
records and documentation including, but not limited to, the following:
C-5.5.1. Draft reports, final reports, meeting notes, telephone logs;
C-5.5.2. Executed subcontract or sub -grant agreements and any amendments, invoices
and supporting documentation, expenditure reports, and deliverables; and
C-5.5.3. Employment screening results for each staff who meets the requirements to be
screened for employment.
C.5.6. All records and documentation pertaining to this Contract shall be sent to the County upon
request and shall be available to the County for inspection at any time.
C-7.1. All tasks and activities under this Contract shall be documented in the following reports:
C.7.1.1. Quarterly Program Status Report. A detailed report of the services and activities
performed in the previous three months and the progress of the program in meeting the
performance measures, goals, objectives, and tasks described in the Grantee's Application
and specified in this contract in Exhibit D and E. The County will provide the template needed
to file this report.
C.7.1.2. Final Program Status Report A detailed report of the services and activities
performed for the entire term of the Contract and the status of the meeting the performance
measures, goals, objectives, and tasks described in the application and the terms of this
Contract.
C-7.2. Reporting Schedule. The Subrecipient shall submit reports in accordance with the reporting schedule in Table
1 and Exhibit G.
Reporting Schedule
Report Title iii. Report Due Date(s) Submit Report to;
5th day of the quarter following the quarter of Community &
Quarterly Program Status Report Human Services
program services or activities
Attention: Dawn
Whelan, Grant
Final Program Status Report No later than 30 days following the ending date Coordinator
of the Contract
----------------- ---------- - - -- - - ---- -- -- __...- ..... ... - - __....__.... - - —
C.7.3. Additional Reporting Requirements, The Subrecipient shall provide additional reporting
pertaining to the services and activities rendered should the County determine this to be necessary.
C.7.4. Standard Contract Requirements. Subrecipient will perform all acts required by Contract.
C.7.5. Emergency Preparedness Plan.
C-7.5.1.. If the task to be performed pursuant to this Contract include the physical care or
supervision of clients, the Subrecipient shall, within 30 days of the execution of this Contract,
submit an emergency preparedness plan which shall include provisions for records protection,
alternative accommodations for clients in substitute care, supplies, and a recovery plan that will the
Subrecipient, its subcontractors to continue functioning in compliance with the executed Contract in
the event of an actual emergency.
EXHIBIT D - DELIVERABLES
D-1. SERVICE UNITS
D.1.1. The Subrecipient shall provide FIRST Program services to a target of 100 individuals each program
year, for a total target of 300 individuals during the life of this Grant Agreement, The Subrecipient must provide
services to the Annual Minimum Number specified in Table 2.
- _. _
Table 2 - Service Targets,
Target # of Participants I
Individuals - - - -._. ...... ----- -------- ---- -- ..................... -- .._ -- - -- -�l
Program Year 1 Program Year 2 1 Program Year 3 II Program Lifetime
Served 1 _____-----
07/01/17
.___07/01/17 - 06/30/18 07/01/18 - 06/30/19-__ - -07/01 /19 - 06/30/20 `--Y 07/01/17 _ 06/30/20
D-1.2.
FIRST Program 100 100 100 300
Services Target
Number
D-1.3.
FIRST Program
Services 80 80 80 240
Minimum Annual
Number
D-2. DELIVERABLES. The Subrecipient shall demonstrate satisfactory progress towards each lifetime service
target in Section D-1 through submission of quarterly data reporting in each Program Report specified in Section C-7.
D-3. PERFORMANCE MEASURES FOR ACCEPTANCE OF DELIVERABLES
D-3.1. During each program year, satisfactory progress toward the Service Target specified in Section D-1.
shall be demonstrated by services to at least:
D-3.1.1. 20% of the Program year target by the end of the first quarter;
D-3.1.2. 40% of the Program year target by the end of the second quarter;
D-3.1.3. 60% of the Program year target by the end of the third quarter; and
D-3.1.4. 80% of the Program year target by the end of the fourth quarter.
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EXHIBIT E —PERFORMANCE MEASURES
Subrecipient shall submit quarterly performance reports for the following measures:
E-1. PERFORMANCE MEASURES. The following qualitative performance measures are established pursuant to
the contract and shall be maintained during the term of this Contract and reported quarterly.
E-1.1. 50% reduction in the total number of arrests or re -arrests among Program participants while enrolled in
the Program compared to the one year period prior to Program admission.
E-1.2. 50% reduction in the total number of arrests or re -arrests among Program participants within the one
year period following Program discharge compared to the one year period prior to Program admission.
E-1.3. 60% of Program participants not residing in a stable housing environment at program admission will
report living in a stable housing environment within 90 days of Program admission.
E-1.4. 80% of Program participants will be assisted in applying or be linked to Social Security or other benefits
for which they may have been eligible but were not receiving at Program Admission.
E-1.5. 50% of Program participants will be diverted from a State Mental Health Treatment Facility.
E-1.6. 60% of Program participants not employed at Program admission who are employed full or part-time
within 180 days of Program admission.
E-2. PERFORMANCE EVALUATION METHODOLOGY. The County will monitor the Subrecipients performance in
achieving the standards in Section E-1 according to the following methodology.
E-2.1. For the measure in Section E-1.1., the total number of arrests among participants while enrolled in the
Program DIVIDED BY the total number of arrests among Program participants one year prior to Program
admission shall be LESS THAN OR EQUAL TO 50%.
E-2.2. For the measure in Section E-1.2., the total number of arrests among participants within one year post
Program admission DIVIDED BY the total number of arrests among Program participants one year prior to
Program admission shall be LESS THAN OR EQUAL TO 50%.
E-2.3. For the measure in Section E-1.3., the total number of Program participants not residing in a stable housing
environment at program admission who live in a stable housing environment within 90 days of Program admission
DIVIDED BY the total number of Program participants not residing in a stable housing environment at Program
admission shall be GREATER THAN OR EQUAL TO 60%.
E-2.4. For the measure in Section E-1.4., the total number of program participants who were eligible for, but not
receiving, social security or other benefits at program admission who are assisted with applying for such benefits
within 180 days of admission DIVIDED BY the total number of program participants who were eligible for, but not
receiving, those benefits at program admission shall be GREATER THAN OR EQUAL TO 80%.
E-2.5. For the measure in Section E-1.5., the total number of individuals screened and enrolled in the Program
diverted from a State Mental Health Treatment Facility admission DIVIDED BY the total number of individuals
screened for Program eligibility meeting the criteria for a State Mental Health Treatment Facility admission shall
be GREATER THAN OR EQUAL TO 50%.
E-2.6. For the measure in Section E.1.6., the total number of program participants not enrolled at Program
admission who are employed full or part-time within 180 days of Program admission DIVIDED BY the total number
of Program participants not employed at Program admission shall be GREATER THAN OR EQUAL TO 60%.
E-3. For the following measures the Subrecipient shall provide client data for tracking to NAMI on a quarterly
basis as evidence by the Outcome Tracking Log (to be submitted with each request for payment);
E.3.1.60% of Program participants not resident in a stable housing environment at Program admission will report
living in a stable housing environment one year following Program discharge.
E.3.2. 60% of Program participants not employed at Program admission who are employed full or part-time within
one year following Program discharge.
E-4. The County will monitor through the annual monitoring process conducted by the CHS Grants
Compliance Unit the Subrecipients performance in providing data to NAMI and participation in achieving the
standards in Section E-3, according to the following methodology.
E.4.1. For the measure in Section E.M. the total number of Program participants not residing in a stable housing
environment at program admission who live in stable housing one year following Program discharge DIVIDED BY the
total number of Program participants not residing in stable housing at Program admission shall be GREATER THAN
OR EQUAL TO 60%
E.4.2 For the measure in Section E.3.2. the total number of Program participants not employed at Program
admission who are employed full or part-time one year following Program discharge DIVIDED BY the total number of
Program participants not employed at Program admission shall be GREATER THAN OR EQUAL TO 60%.
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EXHIBIT F - METHOD OF PAYMENT
F-1. PAYMENT METHODOLOGY
F-1.1. This is a fixed price/fixed fee contract. The County will pay the Subrecipient for the delivery of tasks, deliverables and
outcomes provided in accordance with the terms of this Contract subject to availability of funds.
F-1.2. The County shall remit payment to the Subrecipient per the schedule in the table below:
Year 1 Quarter 107/01/17-09/30/17
$31,451.75
Year 1 Quarter 210/01/17-12/31/17
$31,451.75
Year 1 Quarter 3 01/01/18-03/31/18
$31,451.75
Year 1 Quarter 4 04/01/18-06/30/18
$31,451.75
Year 2 Quarter 107/01/18-09/30/18
$31,451.75
Year 2 Quarter 2 10/01/18-12/31/18
$31,451.75
Year 2 Quarter 3 01/01/19-03/31/19
$31,451.75
Year 2 Quarter 4 04/01/19-06/30/19
$31,471.75
Year 3 Quarter 107/01/19-09/30/19
$31,471.75
Year 3 Quarter 2 10/01/19-12/31/19
$31,471.75
Year 3 Quarter 3 01/01/20-03/31/20
$31,471.75
Year 3 Quarter 4 04/01/20-06/30/20
$31,471.75
Total
$377,421.00
F-1.3. The Subrecipient shall request payment by submission of a properly completed invoice (Exhibit H) and submission of all
supporting documentation, as outlined in Exhibits C, D and E (no later than the 5th business day after the end of the prior quarter
following service provision), accompanied by the corresponding quarterly performance reports and any other deliverable report
due for the period of invoice.
F-1.4. The County shall approve payment requests following receipt of compliance with the Exhibit C (1.1.1, 1.1.2.1, 1.2.1,
1.2,2,1.3,) Exhibit D Tasks (D.1.2, D.1.3, D-2. D-3) and Exhibit E Performance Measures (E.1.1— E.1.6, and E.3.1 -E.3.2.).
The County shall withhold 10% from each reimbursement request and upon satisfactory completion of the Subrecipient's program lifetime
performance targets and completion of the County closeout monitoring, the County shall release the remaining funds held throughout the
term of the agreement, less any funds retained for failure to achieve a performance target. In the event that the Subrecipient terminates
the agreement prior to the end of the grant agreement it shall be at the discretion of the County to release the retainage prior to the end
of the Department of Children and Families grant agreement with Collier County.
If the Subrecipient does not meet the same performance measure for six or more consecutive months, the County shall apply a 10%
penalty for all payments made to date. Corrective action plans required and may result in a reduction in future funding under this Contract,
at the County's sole discretion.
F-2. The Subrecipient shall submit a final invoice for payment no later than 30 days after the expiration of this Contract or after this
Contract is terminated. Failure to do so will result in a forfeiture of all rights to payment and the County shall not honor any requests
submitted after the aforesaid time period. Any retainage payment (10%) due under the terms of this Contract will be withheld until
the Final Program Status Report are submitted, and the Close Out Monitoring is completed and approved by the County.
F-3. The Subrecipient shall provide match funds in accordance with the schedule in the table below
Program Year One
$116,579
Program Year Two
$116,579
Program Year Three
$116,579
Match Total Required for the grant period 2017.2020 $349,737
The Subrecipient shall submit match on a quarterly basis and the amount of the match submission is not required to be
commensurate with the payment/invoice amount. The Subrecipient shall meet the entire program year match obligation at the
end of program year and in the event that the Subrecipient has not satisfied their entire match obligation by the third quarter of
program year 3 payment will be withheld until such time as the obligation is met.
F•4. The County shall remit payment to the SUBRECIPIENT for the performance of this contract upon completion of the work
tasks as accepted and approved by CHS. Payments shall be made to the SUBRECIPIENT when requested as work
progresses but, not more frequently than once per quarter. Payment will not occur if SUBRECIPIENT fails to perform at the
minimum level of service required by this Contract. No payment will be made until approved by CHS for grant compliance and
adherence to any and all applicable local, state, or Federal requirements. Payment will be made upon receipt of a properly
completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as "Local Government Prompt Payment
Act."
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EXHIBIT G
Deliverable and Report Table
ReporVDeliverable Name
Supporting Document
Due Date
Quarterly Payment
As detailed in Exhibit F. 1.4
5th day of the month
Request
and Exhibit H
following the end of the
quarter
Match
Match documentation,
Quarterly
Exhibit H-1
Quarterly Program
Quarterly Service Report
5th day of the month
Services Report
following the end of the
quarters
Final Program Report
Final Program Report
30 days following the
Template
ending date of the
agreement
Incident Report
Incident Report
Per Occurrence
Employment Screening
Certification from each
July 31 and per
Certification
employee working on grant
occurrence for each new
hire
Security Awareness
Certificate for those staff
At contract execution and
Training
entering data into State
annually thereafter.
System
Insurance (Director &
Insurance
Within 30 days of
Officer, Workmen's Comp,
Certificate/Deceleration
expiration
Liability)
Favorable Conditions
Attestation Form
July 31 and annually
thereafter.
Financial and Compliance
Exhibit I
Annually within 9 months
Audit
of Fiscal Year End
Disaster Plan
Plan
Within 30 days of contract
execution and within 30
days of any changes to
the plan.
Deaf -and -Hard of Hearing
Single Point of Contact and
5th day of the month
ADA Report
following the end of the
quarter
CHS Conflict of Interest
Conflict of Interest Form
Within 30 day of hire for
each new employee
working on the grant.
EXHIBIT H
Payment/Match Request
Exhibit 1
Audit Form
Circular 2 CFR 200.500 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with
established audit requirements, Accordingly, Collier County requires that all appropriate documentation is provided regarding your
organizations compliance,
In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity
related to the federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal
awards expended shall be in accordance with' guidelines established by OMB Circular A-133, for fiscal years beginning before December
!26 2014 and established by 2' CFR Part 200 Subpart F — Audit Requirements, for fiscal years beginning on or after December 26 2014.
This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements.
Subrecipient
Name
First Date of Fiscal Year (MMIDDIYY)
Last Date of Fiscal Year (MM/DD/YY)
Total Federal Financial Assistance Expended during most
Total State Financial Assistance Expended during most recently
recently completed Fiscal Year
completed Fiscal Year
Check A. or B. Check C if applicable
A. The Federal/State expenditure threshold for our fiscal year ending as indicated above has been met and a Circular A-
133 or 2 CFR Part 200, Subpart F Single Audit 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 OMB Circular A-133 or 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑
❑ Are a for-profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if 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 reports. 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
1 hereby certify that the above' information is true and accurate,
Signature
Date
Print Name and Title
ROME
A G R E E M E N T CIMHSA-003
For
Criminal Justice Mental Health Substance Abuse Reinvestment Grant
THIS CONTRACT, made and entered into on this 1st day of July 2017, by and
between NAMI of Collier County, Inc. (NAMI) authorized to do business in the State of
Florida, whose business address is 6216 Trail Blvd Bldg., C, Naples, Florida 34108, the
"Subrecipient" and Collier County, a political subdivision of the State of Florida, (the
"County"):
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein,
the Parties agree as follows:
1. CONTRACT DOCUMENT
This contract is composed of Sections 1 through 47 hereof, as well as Exhibits A -I and
any exhibits referenced in said attachments, together with any documents
incorporated by reference, which contain all the terms and conditions agreed upon by
both parties.
2. CONTRACT TERM
Services of the SUBRECIPIENT shall start on the 1St day of July, 2017 and end on the
30th day of June, 2020. The term of this Agreement and the provisions herein may be
extended by amendment to cover any additional time period.
3. STATEMENT OF WORK
The Subrecipient shall provide services in accordance with the terms and conditions
of Criminal Justice Mental Health and Substance Abuse Reinvestment Grant
Application and the Subrecipient's proposal referred to herein and made an integral
part of this Contract. This Contract contains the entire understanding between the
parties and any modifications to this Contract shall be mutually agreed upon in
writing by the Parties, in compliance with the County's Procedures in effect at the
time such services are authorized.
The Subrecipient shall perform all tasks and provide units of deliverables, including
reports, findings, and drafts, as specified in this Contract. These deliverables must be
received by the Grant Coordinator in conjunction with the pay requests, subject to
audit and review and to the satisfaction of the County. The County's determination
of acceptance shall be conclusive. The County's receipt of reports and other
submissions by the Subrecipient does not constitute acceptance thereof.
4. PERFORMANCE MEASURES
4.1 Performance Measures for Acceptance of Deliverables. The performance measures
for the acceptance of deliverables are set forth in Exhibit C, D and E.
4.2 Minimum Performance Measures. To avoid termination the Subrecipients
performance must meet the minimum performance standard set forth in Exhibit C, D and E.
By execution of this contract the Subrecipient acknowledges and agrees that its performance
under the Contract must meet these Minimum Performance Measures and that it will be bound
by the conditions set forth therein. If the Subrecipient fails to meet these standards, the County,
at its exclusive option, may allow a reasonable period, not to exceed 2 quarters, for the
Subrecipient to correct performance deficiencies. If performance deficiencies are not resolved,
the County at its discretion may terminate the Contract and request repayment of any or all
payments made prior.
5. THE CONTRACT SUM
The County shall pay Subrecipient for the performance of this Contract a maximum
amount of Ninety -Three Thousand Dollars and no cents ($93,000.00), based on the cost
set forth in the Subrecipients budget. The County's performance and obligation to pay
under this Contract is contingent upon the County's contract with the Department of
Children and Families Contract and annual appropriation by the Legislature and the
Board of County Commissioners.
6. PAYMENT
Payment will be made upon receipt of a proper invoice and supporting documentation
and upon approval by the Grant Coordinator or his designee, and in compliance with
Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment
Act" and in accordance with Exhibit H.
6.1 Generally. The subrecipient shall submit supporting documentation in sufficient
detail to conduct a pre -audit and post -audit.
6.2 Final Invoice. Payments will be made for deliverables furnished, delivered, and
accepted, upon receipt and approval of invoices submitted on the date of services or
within thirty (30) days after completion of contract. Any untimely submission of invoices
beyond the specified deadline period is subject to non-payment under the legal doctrine
of "laches" as untimely submitted. Time shall be deemed of the essence with respect to
the timely submission of invoices under this Contract.
7. INDEPENDANT CONTRACTOR, SUBCONTRACTING, AND ASSIGNMENT
7.1 In performing its obligations under this Contract, the Subrecipient shall at all times
be acting in the capacity of an independent contractor and not as an officer, employee,
or agent of the State of Florida or the County, except where the Subrecipient is a State
agency. Neither the Subrecipient nor any of its agents, employees, subcontractors or
assignees shall represent to others that it is an agent of or has the authority to bind the
County by virtue of this Contract, unless specifically authorized in writing to do so.
This Contract does not create any right in any individual to State or County
retirement, leave benefits or any other benefits of State employees as a result of
performing the duties or obligations of this Contract.
7.2 The Subrecipient shall take such actions as may be necessary to ensure that it and
each subcontractor of the Subrecipient will be deemed to be an independent contractor
and will not be considered or permitted to be an officer, employee, or agent of the State
of Florida. The County will not furnish services of support (e.g., office space, office
supplies, telephone service, secretarial or clerical support) to the Subrecipient, or its
subcontractor or assignee, unless specifically agreed to by the County in this Contract.
All deductions for social security, withholding taxes, income taxes, contributions to
unemployment compensation funds and all necessary insurance for the Subrecipient,
the Subrecipient's officers, employees, agents, subcontractors, or assignees shall be the
sole responsibility of the Subrecipient and its subcontractors. The parties agree that no
joint employment is intended and that, regardless of any provision directing the manner
of provision of services, the Subrecipient and its subcontractors alone shall be
responsible for the supervision, control, hiring and firing, rates of pay and terms and
conditions of employment of their own employees.
7.3 The Subrecipient shall not assign its responsibilities under this Contract to another
party, in whole or part, without prior written approval of the County, upon the
County's sole determination that such assignment will not adversely affect the public
interest. No payment shall be made under this Contract to any factor or other person
who has been assigned or transferred the right to receive payment in lieu of or on
behalf of the Subrecipient except upon full and faithful performance of the
Subrecipient's duties hereunder. Any assignment or transfer occurring without prior
approval of the County shall be null and void. The Subrecipient shall not subcontract
for any of the work contemplated under this Contract without prior written approval
of the County, which shall not be unreasonably withheld.
7.4 The County shall at all times be entitled to assign or transfer, in whole or part, its
rights, duties, or obligations under this Contract to another governmental agency in
the State of Florida or to a Subrecipient of the County's selection, upon giving prior
written notice to the Subrecipient. In the event of assignment by either party, this
Contract shall remain binding upon the lawful successors in interest of the
Subrecipient and the County.
7.5 The Subrecipient is responsible for all work performed and for all commodities
produced pursuant to this Contract whether actually furnished by the Subrecipient or
by its subcontractors. Any subcontracts shall be evidenced by a written document. The
Subrecipient further agrees that the County shall not be liable to the subcontractor in
any way or for any reason relating to this Contract.
7.6 The Subrecipient shall include, in all subcontracts (at any tier) the substance of all
clauses contained in this Contract that mention or describe subcontract compliance, as
well as all clauses applicable to that portion of the Subrecipient's performance being
performed by or through the subcontract.
8. SUBRECIPIENT INDEMNITY
Section 19 of PUR 1000 Form shall apply per its terms, except that the phrase "arising from
or relating to personal injury and damage to real or personal tangible property" in the first
paragraph is replaced with "arising out of or by reason of the execution of this Contract or
arising from or relating to any alleged act or omission by the Subrecipient, its agents,
employees, partners, or subcontractors in relation to this Contract," and the following
additional terms will also apply:
8.1 If the Subrecipient removes an infringing product because it is not reasonably able
to modify that product or secure the County the right to continue to use that product,
the Subrecipient shall immediately replace that product with a non -infringing product
that the County determines to be of equal or better functionality or be liable for the
County's cost in so doing.
9. INTELLECTUAL PROPERTY
It is agreed that all intellectual property, inventions, written or electronically created
materials, including manuals, presentations, films, or other copyrightable materials,
arising in relation to Subrecipient's performance under this Contract, and the performance
of all of its officers, agents and subcontractors in relation to this Contract, are works for
hire for the benefit of the County, fully compensated for by the contract amount, and that
neither the Subrecipient nor any of its officers, agents nor subcontractors may claim any
interest in any intellectual property rights accruing under or in connection with the
performance of this Contract. It is specifically agreed that the County shall have exclusive
rights to all data processing software falling within the terms of section 119.084, F.S.,
which arises or is developed in the course of or as a result of work or services performed
under this Contract, or in any way connected herewith. Notwithstanding the foregoing
provision, if the Subrecipient is a university and a member of the State University System
of Florida, then section 1004.23, F.S., shall apply.
9.1 If the Subrecipient uses or delivers to the County for its use or the use of its
employees, agents or contractors, any design, device, or materials covered by letters,
patent, or copyright, it is mutually agreed and understood that, the compensation paid
pursuant to this Contract includes all royalties or costs arising from the use of such
design, device, or materials in any way involved in the work contemplated by this
Contract. For purposes of this provision, the term "use" shall include use by the
Subrecipient during the term of this Contract and use by the County, its employees,
agents or contractors during the term of this Contract and perpetually thereafter.
9.2 All applicable subcontracts shall include a provision that the Federal awarding
agency reserves all patent rights with respect to any discovery or invention that arises
or is developed in the course of or under the subcontract. Notwithstanding the
foregoing provision, if the Subrecipient or one of its subcontractors is a university and
a member of the State University System of Florida, then section 1004.23, F.S., shall
apply, but the County shall retain a perpetual, fully -paid, nonexclusive license for its
use and the use of its contractors of any resulting patented, copyrighted or
trademarked work products.
10. PUBLICITY
Without limitation, the Subrecipient and its employees, agents, and representatives will not,
without prior County and State written consent in each instance, use in advertising,
publicity or any other promotional endeavor any County or State mark, the name of the
State or County's mark, the name of the State or County any State or County agency or
affiliate or any officer or employee of the State or County, or any State or County program
or service, or represent, directly or indirectly, that any product or service provided by the
Subrecipient has been approved or endorsed by the State or County, or refer to the existence
of this Contract in press releases, advertising or materials distributed to the Subrecipient's
prospective customers.
11. SPONSORSHIP
As required by section 286.25, F.S., if the Subrecipient is a non-governmental organization
which sponsors a program financed wholly or in part by State funds, including any funds
obtained through this Contract, it shall, in publicizing, advertising, or describing the
sponsorship of the program state: "Sponsored by (Subrecipient's name) and the State of
Florida, Department of Children and Families" and Collier County, CHS. If the
sponsorship reference is in written material, the words "State of Florida, Department of
Children and Families "and Collier County, shall appear in at least the same size letters or
type as the name of the organization
12. MANDATORY REPORTING REQUIREMENTS
The Subrecipient must comply with and inform its employees of the following mandatory
reporting requirements. Each employee of the Subrecipient, providing services in
connection with this Contract who has any knowledge of a reportable incident shall report
such incident as follows: 1) reportable incidents that may involve an immediate or
impending impact on the health or safety of a client shall be immediately reported to the
County Grant Coordinator; and 2) other reportable incidents shall be reported to the
County and the Florida State Department of Children and Families Office of Inspector
through the Internet at http://www.dcf.state.fl.us/admin/ig/`rpfraudl.shtml or by
completing a Notification/ Investigation Request (Form CF 1934) and emailing the request
to the Office of Inspector General at IG.Complaints@myflfamilies.com. The Subrecipient
may also mail the completed form to the Office of Inspector General, 1317 Winewood
Boulevard, Building 5, 2nd Floor, Tallahassee, Florida, 32399-0700; or via fax at (850) 488-
1428. A reportable incident is defined in CFOP 180-4, which can be obtained from the
County Grant Coordinator,
13. RECORDS AUDITS AND DATA SECURITY
13.1 Records, Retention, Audits, Inspections and Investigations.
13.1 The Subrecipient shall establish and maintain books, records and documents
(including electronic storage media) sufficient to reflect all income and expenditures of
funds provided by the County under this Contract.
13.2 Retention of all client records, financial records, supporting documents, statistical
records, and any other documents (including electronic storage media) pertinent to
this Contract shall be maintained by the Subrecipient during the term of this Contract
and retained for a period of six (6) years after completion of the Contract or longer
when required by law. In the event an audit is required under this Contract, records
shall be retained for a minimum period of six (6) years after the audit report is issued
or until resolution of any audit findings or litigation based on the terms of this
Contract, at no additional cost to the County.
13.3 Upon demand, at no additional cost to the County, the Subrecipient will facilitate
the duplication and transfer of any records or documents during the term of this
Contract and the required retention period in Section 13.2 hereof.
13.4 These records shall be made available at all reasonable times for inspection,
review, copying, or audit by Federal, State, or other personnel duly authorized by the
County.
13.5 At all reasonable times for as long as records are maintained, persons duly
authorized by the County and Federal auditors, pursuant to 45 Code of Federal
Regulations (CFR) s. 92.36(1)(10), shall be allowed full access to and the right to
examine any of the Subrecipient's contracts and related records and documents,
regardless of the form in which kept.
13.6 A financial and compliance audit shall be provided to the County as specified in
this Contract.
13.7 The Subrecipient shall comply and cooperate immediately with any inspections,
reviews, investigations, or audits deemed necessary by The Office of the Inspector
General (section 20.055, F.S.).
13.8. The Subrecipient shall ensure all staff and subcontractors associated with this
agreement have been screen as required by Florida law in accordance with chapter 435
Florida Statutes, are of good moral character and meet the Level 2 Employment
Screening standards
14. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
In compliance with 45 CFR s.164.504(e), the Subrecipient shall comply with the provisions
of this Contract, governing the safeguarding, use and disclosure of Protected Health
Information created, received, maintained, or transmitted by the Subrecipient or its sub-
contractors incidental to the Subrecipient's performance of this Contract.
15. CONFIDENTIAL CLIENT AND OTHER INFORMATION
Except as provided in this Contract, the Subrecipient shall not use or disclose but shall
protect and maintain the confidentiality of any client information and any other
information made confidential by Florida law or Federal laws or regulations that is
obtained or accessed by the Subrecipient or its sub -contractors incidental to performance
under this Contract.
16. DATA SECURITY
The Subrecipient shall comply with the following data security requirements whenever
the Subrecipient or its subcontractors have access to County data systems or maintain any
client or other confidential information in electronic form:
16.1 An appropriately skilled individual shall be identified by the Subrecipient to
function as its Data Security Officer. The Data Security Officer shall act as the liaison to
the County's security staff and will maintain an appropriate level of data security for
the information the Subrecipient is collecting or using in the performance of this
Contract. An appropriate level of security includes approving and tracking all
Subrecipient employees that request or have access to any County data system or
information. The Data Security Officer will ensure that user access to the data system
or information has been removed from all terminated Subrecipient employees.
16.2 The Subrecipient shall complete the latest Department of Children and Families
security awareness training to its staff who have access to State information.
16.3 All Subrecipient employees who have access to State information shall comply
with, and be provided a copy of CFOP 50-2, and shall sign the DCF Security Contract
form CF 0114 annually. A copy of CF 0114 may be obtained from the County Grant
Coordinator.
16.4 The Subrecipient shall make every effort to protect and avoid unauthorized
release of any personal or confidential information by ensuring both data and mobile
storage devices are encrypted as prescribed in CFOP 50-2. If encryption of these
devices is not possible, then the Subrecipient shall assure that unencrypted personal
and confidential State data will not be stored on unencrypted storage devices.
16.5 The Subrecipient agrees to notify the Grant Coordinator as soon as possible, but
no later than five (5) business days following the determination of any breach or
potential breach of personal and confidential State data.
16.6 The Subrecipient shall at its own cost provide notice to affected parties no later
than 45 days following the determination of any potential breach of personal or
confidential County or State data as provided in section 817.5681, F.S. The
Subrecipient shall also at its own cost implement measures deemed appropriate by the
County to avoid or mitigate potential injury to any person due to a breach or potential
breach of personal and confidential County data.
The Subrecipient shall cause each of its subcontractors having access to County or State data
systems or maintaining any client or other confidential information in electronic form to
comply with the provisions of this Section and the term "Subrecipient" shall be deemed to
mean the subcontractor for such purposes.
17. MOST FAVORED PARTY STATUS
The Subrecipient represents and warrants that the prices and terms for its services under
this Contract are no less favorable to the County than those for similar services under any
existing contract with any other party. The Subrecipient further agrees that, within ninety
(90) days of Subrecipient entering into a contract or contract amendment or offering to any
other party services similar to those under this Contract under prices or terms more
favorable than those provided in this Contract, the Subrecipient will report such prices and
terms to the County, which prices or terms shall be effective as an amendment to this
Contract upon the County's written acceptance thereof. Should the County discover such
other prices or terms, the same shall be effective as an amendment to this Contract
retroactively to the earlier of the effective date of this Contract (for other contracts in effect
as of that date) or the date they were first contracted or offered to the other party (for
subsequent contracts, amendments or offers) and any payment in excess of such pricing
shall be deemed overpayments. Subrecipient shall submit an affidavit no later than July
31st of each year during the term of this Contract attesting that the Subrecipient is in
compliance with this provision, as required by section 216.0113, F.S.
18. ANTICOMPETIVE CONTRACTS
The Subrecipient will not offer, enter into nor enforce any formal or informal Contract with
any person, firm or entity under which the parties agree to refrain from competing for any
future service contract or limit in any manner the ability of either party to obtain
employment by or provide services to the County or a Subrecipient of services to the
County.
19. TRANSITIONING YOUNG ADULTS
The Subrecipient understands Children and Families interest in assisting young adults
aging out of the dependency system. The County encourages Subrecipient participation
with the local Community -Based Care Lead Agency Independent Living Program to offer
gainful employment to youth in foster care and young adults transitioning from the foster
care system.
20. CLIENT RISK PREVENTION
If services to clients are to be provided under this contract, the subrecipient shall in
accordance with the client risk prevention system, report those reportable situations listed
in CFOP 215-6 in the manner prescribed in 215-6 and immediately report any knowledge
or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled
adult to the Florida Abuse Hotline at 1-800-96ABUSE.
21. DEO AND WORKFORCE FLORIDA
The Subrecipient understands that the Florida Department of Children and Families, the
Department of Economic Opportunity, and Workforce Florida, Inc., have jointly
implemented an initiative to empower recipients in the Temporary Assistance to Needy
Families Program to enter and remain in gainful employment. The County encourages
Subrecipient participation with the Department of Economic Opportunity and Workforce
Florida.
22. NOTICES. All notices from the County to the Subrecipient shall be deemed duly served
if mailed or faxed to the Subrecipient at the following Address:
NAMI of Collier County, Inc.
6216 Trail Blvd. #C
Naples, FL 34108
Ttention: Pamela J. Baker, Ed.D.
Telephone: 239-260-7300
All Notices from the Subrecipient to the County shall be deemed duly served if
mailed or faxed to the County to:
Collier County Government Center
Community and Human Services Division
3339 Tamiami Trail, East
Suite 211
Naples, Florida 34112
Attention: Dawn Whelan, Grant Coordinator
Telephone: 239-252-4230
Facsimile: 239-252-6571
The Subrecipient and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Contract
must be in writing.
23. NO PARTNERSHIP. Nothing herein contained shall create or be construed as
creating a partnership between the County and the Subrecipient or to constitute the
Subrecipient as an agent of the County.
24. NO IMPROPER USE. The Subrecipient will not use, nor suffer or permit any
person to use in any manner whatsoever, County facilities for any improper,
immoral or offensive purpose, or for any purpose in violation of any federal, state,
county or municipal ordinance, rule, order or regulation, or of any governmental
rule or regulation now in effect or hereafter enacted or adopted. In the event of such
violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Subrecipient to be objectionable or improper,
the County shall have the right to suspend the contract of the Subrecipient. Should
the Subrecipient 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 to continue until the violation
is cured. The Subrecipient further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the
County.
25. TERMINATION. Should the Subrecipient be found to have failed to perform his
services in a manner satisfactory to the County as per this Contract, the County may
terminate said Contract for cause; further the County may terminate this Contract
for convenience with a ninety (90) day written notice. The County shall be sole judge
of non-performance.
In the event that the County terminates this Contract, Subrecipient's recovery
against the County shall be limited to that portion of the Contract Amount earned
through the date of termination. The Subrecipient shall not be entitled to any other
or further recovery against the County, including, but not limited to, any damages
or any anticipated profit on portions of the services not performed.
26. NO DISCRIMINATION. The Subrecipient agrees that there shall be no
discrimination as to race, sex, color, creed or national origin.
27. INSURANCE. The Subrecipient shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of
$1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and
Property Damage Liability. This shall include Premises and Operations;
Independent Contractors; Products and Completed Operations and Contractual
Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $300,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned
Vehicles and Employee Non -Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
D. Professional Liability: Shall be maintained by the Consultant to ensure its legal
liability for claims arising out of the performance of professional services under this
Contract. Consultant waives its right of recovery against County as to any claims
under this insurance. Such insurance shall have limits of not less than $1,000,000
each claim and in the aggregate.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General
Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Subrecipient during the duration of this Contract. The Contractor
shall provide County with certificates of insurance meeting the required insurance
provisions. Renewal certificates shall be sent to the County ten (10) days prior to any
expiration date. Coverage afforded under the policies will not be canceled or
allowed to expire until the greater of: ten (10) days prior written notice, or in
accordance with policy provisions. Subrecipient shall also notify County, in a like
manner, within twenty-four (24) hours after receipt, of any notices of expiration,
cancellation, non -renewal or material change in coverage or limits received by
Subrecipient from its insurer, and nothing contained herein shall relieve
Subrecipient of this requirement to provide notice.
Subrecipient shall ensure that all subcontractors comply with the same insurance
requirements that he is required to meet.
28. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Subrecipient shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from
any claimed breach of this Contract by Subrecipient, any statutory or regulatory
violations, or from personal injury, property damage, direct or consequential
damages, or economic loss, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Subrecipient or anyone employed or utilized
by the Subrecipient in the performance of this Contract. 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.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
28.1 The duty to defend under this Article 27 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability
of the Subrecipient, County and any indemnified party. The duty to defend arises
immediately upon presentation of a claim by any party and written notice of such
claim being provided to Subrecipient. Subrecipient's obligation to indemnify and
defend under this Article 027 will survive the expiration or earlier termination of
this Contract until it is determined by final judgment that an action against the
County or an indemnified party for the matter indemnified hereunder is fully and
finally barred by the applicable statute of limitations.
29. CONTRACT ADMINISTRATION. This Contract shall be administered on behalf
of the County by the Public Services Division, Community and Human Services
Division.
30. CONFLICT OF INTEREST: Subrecipient shall represent that it presently has no
interest and shall acquire no interest, either direct or indirect, which would conflict
in any manner with the performance of services required hereunder. Subrecipient
shall further represent that no persons having any such interest shall be employed
to perform those services.
31. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112,
Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended,
and County Administrative Procedure 5311. Violation of this provision may result
in one or more of the following consequences: a. Prohibition by the individual, firm,
and/or any employee of the firm from contact with County staff for a specified
period of time; b. Prohibition by the individual and/or firm from doing business
with the County for a specified period of time, including but not limited to:
submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract
held by the individual and/or firm for cause.
32. COMPLIANCE WITH LAWS. By executing and entering into this Contract, the
Subrecipient is formally acknowledging without exception or stipulation that it
agrees to comply, at its own expense, with all federal, state and local laws, codes,
statutes, ordinances, rules, regulations and requirements applicable to this Contract.
Unauthorized aliens shall not be employed. Employment of unauthorized aliens
shall be cause for unilateral cancellation of this Contract by the County for violation
of section 274A(e) of the Immigration and Nationality Act (8 U.S.C. § 1324 a) and
section 101 of the Immigra5tion Reform and Control Act of 1986. The subrecipient
will enroll in and use the E -verify system established by the U.S. Department of
Homeland Security to verify the employment eligibility of its employees performing
under this Contract. Employees assigned to the contract means all persons
employed or assigned (including all subcontractors) by the Subrecipient during the
contract term to perform work pursuant to this contract within the United States
and its territories. Furthermore, failure by the Subrecipient to comply with the laws
referenced herein shall constitute a breach of this Contract and the County shall
have the discretion to unilaterally terminate this Contract immediately.
33. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at
the discretion of the successful proposer.
34. CONTRACT TERMS. If any portion of this Contract is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Contract
shall remain in effect.
35. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be
added to this contract in compliance with the Purchasing Ordinance and
Purchasing Procedures.
36. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding
permitted by this Contract to resolve disputes between the parties, the parties shall
make a good faith effort to resolve any such disputes by negotiation. The
negotiation shall be attended by representatives of 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 Contract, the parties shall attempt to resolve the
dispute through Mediation before an agreed-upon Circuit Court Mediator certified
by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who
would make the presentation of any settlement reached at mediation to County's
board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under
section 44.102, Fla. Statue.
37. VENUE. Any suit or action brought by either party to this Contract against the other
party relating to or arising out of this Contract 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.
38. KEY PERSONNEL/PROJECT STAFFING: The Subrecipient personnel and
management to be utilized for this project shall be knowledgeable in their areas of
expertise. The County reserves the right to perform investigations as may be
deemed necessary to ensure that competent persons will be utilized in the
performance of the contract. The Subrecipient shall assign as many people as
necessary to complete the services on a timely basis, and each person assigned
shall be available for an amount of time adequate to meet the required service. The
Subrecipient shall not change Key Personnel unless the following conditions are
met: (1) Proposed replacements have substantially the same or better qualifications
and/or experience, (2) the County is notified in writing in advance if possible. The
Subrecipient shall make commercially reasonable efforts to notify Collier County
within seven (7) days of the change.
39. ORDER OF PRECEDENCE: In the event of any conflict between or among the
terms of any of the Contract Document, Exhibits A -I and any documents
incorporated by reference into any exhibit be reference the terms of the Request for
Proposal (RFP)/ ITB and/or the Subrecipient's Proposal, Attachments shall take
precedence.
40. RESOLUTION 2013-228. Corrective action plans may be required for
noncompliance, nonperformance, or unacceptable performance under this contract.
Penalties may be imposed for failures to implement or to make acceptable progress
on such corrective action plans.
In order to effectively enforce Resolution No. 2013-228, Community and Human
Services (CHS) has adopted an escalation policy to ensure continued compliance
by Subrecipients, Developers, or any entity receiving grant funds from CHS.
CHS's policy for escalation for non-compliance is as follows:
1. Initial non-compliance may result in Findings or Concerns being
issued to the entity and will require a corrective action plan be
submitted to the Division within 15 days following issuance of the
report.
• Any pay requests that have been submitted to the Division for
payment will be held until the corrective action plan has been
submitted.
• CHS will be available to provide Technical Assistance (TA) to the
entity as needed in order to correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a
timely manner to the Division, the Division may require a portion of
the awarded grant amount be returned to the Division.
• The County may require upwards of five percent (5%) of the
award amount be returned to the Division, at the discretion of the
Board of County Commissioners.
• The entity may be considered in violation of Resolution No. 2013-
228
3. If in the case an Entity continues to fail to correct the outstanding
issue or repeats an issue that was previously corrected, and has been
informed by the Division of their substantial non-compliance by
certified mail; the Division may require a portion of the awarded
grant amount or the amount of the CDBG investment for acquisition
of the properties conveyed, be returned to the Division.
• The Division may require upwards of ten percent (10%) of the
award amount be returned to the Division, at the discretion of the
Board of County Commissioners.
• The entity will be considered in violation of Resolution No. 2013-
228
4. If in the case after repeated notification the Entity continues to be
substantially non- compliant, the Division may recommend the
contract or award be terminated.
• The Division will make a recommendation to the Board of
County Commissioners to immediately terminate the agreement
or contract. The Entity will be required to repay all funds
disbursed by the County for project that was terminated. This
includes the amount invested by the County for the initial
acquisition of the properties or other activities.
• The entity will be considered in violation of Resolution No. 2013-
228
If in the case the Entity has multiple agreements with the Division and is found to
be non- compliant, the above sanctions may be imposed across all awards at the
BCC's discretion.
41. CIVIL RIGHTS REQUIREMENTS: In accordance with Title VII of the Civil
Rights Act of 1964, the Americans with Disabilities Act of 1990, or the Florida Civil
Rights Act of 1992, as applicable the Subrecipient shall not discriminate against any
employee (or applicant for employment) in the performance of this Contract because of
race, color, religion, sex, national origin, disability, age, or marital status. Further, the
Provider agrees not to discriminate against any applicant, client, or employee in service
delivery or benefits in connection with any of its programs and activities in accordance
with 45 CFR, Parts 80, 83, 84, 90, and 91, Title VI of the Civil Rights Act of 1964, or the
Florida Civil Rights Act of 1992, as applicable and CFOP 60-16. These requirements
shall apply to all contractors, subcontractors, grantees or others with who it arranges to
provide benefits to clients or employees in connection with its programs and activities.
If employing fifteen or more employees, the Provider shall complete the Civil Rights
Compliance Checklist, CF Form 946 within 30 days of execution of this Contract and
annually thereafter in accordance with CFOP 60-16 and 45 CFR, Part 80.
42. USE OF FUNDS FOR LOBBYING PROHIBITED. The Subrecipient shall comply
with the provisions of sections 11.062 and 216.347, F.S., which prohibit the expenditure
of contract funds for the purpose of lobbying the Legislature, judicial branch, or a State
Agency.
43. PUBLIC ENTITY CRIME AND DISCRIMINATORY CONTRACTORS. Pursuant
to sections 287.133 and 287.134, FS., the following restrictions are placed on the ability of
persons placed on the convicted vendor list or the discriminatory vendor list. When a
person or affiliate has been placed on the convicted vendor list following a conviction
for a public entity crime, or an entity or affiliate has been placed on the discriminatory
vendor list, such person, entity or affiliate may not submit a bid, proposal, or reply on a
contract to provide any goods or services to a public entity; may not submit a bid,
proposal, or reply on a contract with a public entity for the construction or the repair of
public building or public work; may not submit bids, proposals, or replies on leases of
real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may
not transact business with any public entity; provided, however, that the prohibition on
person or affiliates placed on the convicted vendor shall be limited to business in excess
of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO for a
period of thirty-six (36) months from the date of being placed on the convicted vendor
list.
44. WHISTLEBLOWER ACT REQUIREMENTS. In accordance with subsection
112.3187(2) F.S., the Subrecipient and its subcontractors shall not retaliate against an
employee for reporting violations of law, rule, or regulation that creates substantial and
specific danger to the public's health, safety, or welfare to an appropriate agency.
Furthermore, agencies or independent contractors shall not retaliate against any person
who discloses information to an appropriate agency alleging improper use of
governmental office, gross waste of funds, or any other abuse or gross neglect of duty
on the part of an agency, public officer, or employee. The Provider and any
subcontractor shall inform its employees that they and other persons may file a
complaint with the Office of Chief Inspector General, Agency Inspector General, the
Florida Commission on Human Relations or the Whistle -blower's Hotline number at 1-
800-543-5353.
45. SUPPORT TO THE DEAF OR HARD -OF -HEARING.
45.1 Where direct services are provided, the Subrecipient and its subcontractors shall
comply with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as implemented
by 45 CFR Part 84 (hereinafter referred to as Section 504), the Americans with
Disabilities Act of 1990,42 U.S.C. 12131, as implemented by 28 CFR Part 35 (hereinafter
referred to as ADA), and the Children and Families Operating Procedure (CFOP) 60-10,
Chapter 4, entitled "Auxiliary Aids and Services for the Deaf or Hard -of -Hearing."
45.2 If the Subrecipient or any of its subcontractors employs 15 or more employees, the
Subrecipient shall designate a Single -Point -of -Contact (one per firm) to ensure effective
communication with deaf or hard -of -hearing customers or companions in accordance
with Section 504 of the ADA, and CFOP 60-10, Chapter 4. The Provider's Single -Point -
of -Contact and that of its Subcontractors will process the compliance data into the
County's HHS Compliance Reporting Database by the 5th business day of the month,
covering the previous month's reporting, and forward confirmation of submission to
the Contract Manager. The name and contact information for the Provider's Single -
Point -of -Contact shall be furnished to the County's Grant or Contract Manager within
14 calendar days of the effective date of this requirement.
45.3 The Subrecipient shall, within 30 days of the effective date of this requirement,
contractually require that its subcontractors comply with Section 504, the ADA, and
CFOP 60-10, Chapter 4. A Single -Point -of -Contact shall be required for each
subcontractor that employs 15 or more employees. This Single -Point -of -Contact will
ensure effective communication with deaf or hard -of -hearing customers or companions
in accordance with Section 504 and the ADA and coordinate activities and reports with
the Provider's Single -Point -of -Contact.
45.4 The Single -Point -of -Contact shall ensure that employees are aware of the
requirements, roles & responsibilities, and contact points associated with compliance
with Section 504, the ADA, and CFOP 60-10, Chapter 4. Further, employees of providers
and their subcontractors with 15 or more employees shall attest in writing that they are
familiar with the requirements of Section 504, the ADA, and CFOP 60-10, Chapter 4.
This attestation shall be maintained in the employee's personnel file.
45.5 The Provider's Single -Point -of -Contact will ensure that conspicuous Notices which
provide information about the availability of appropriate auxiliary aids and services at
no -cost to the deaf or hard -of -hearing customers or companions are posted near where
people enter or are admitted within the agent locations. Such Notices must be posted
immediately by The Subrecipient and its subcontractors. The approved Notice can be
downloaded through the Internet at: http://www.myflfamilies.com/about-
us/ services -deaf -and -hard -hearing/ dcf-posters.
45.6 The Subrecipient and its subcontractors shall document the customer's or
companion's preferred method of communication and any requested auxiliary
aids/ services provided in the customer's record. Documentation, with supporting
justification, must also be made if any request was not honored. The Subrecipient shall
distribute Customer Feedback forms to customers or companions, and provide
assistance in completing the forms as requested by the customer or companion.
45.7 If customers or companions are referred to other agencies, the Subrecipient must
ensure that the receiving agency is notified of the customer's or companion's preferred
method of communication and any auxiliary aids/ service needs.
45.8 The County requires each contract/ subcontract Subrecipient agency's direct service
employees to complete Serving our Customers who are Deaf or Hard -of -Hearing and
sign the Attestation of Understanding. Direct service employees performing under this
Contract will also print their certificate of completion, attach it to their Attestation of
Understanding, and maintain them in their personnel.
46. RECYCLED PRODUCTS. The Subrecipient shall procure any recycled products or
materials, which are the subject of or are required to carry out this Contract, in
accordance with the provisions of sections 403.7065, F.S.
47. EMPLOYMENT SCREENING.
47.1 The Subrecipient shall ensure that all staff utilized by the Subrecipient and its
subcontractors that are required by Florida law to be screened in accordance with
chapter 435, F.S., are of good moral character and meet the Level 2 Employment
Screening standards specified by sections 435.04, 110.1127, and subsection 39.001(2),
F.S., as a condition of initial and continued employment that shall include but not be
limited to:
a. Employment history checks;
b. Fingerprinting for all criminal record checks;
c. Statewide criminal and juvenile delinquency records checks through the Florida
County of Law Enforcement (FDLE);
d. Federal criminal records checks from the Federal Bureau of Investigation via the
Florida County of Law Enforcement; and
e. Security background investigation, which may include local criminal record checks
through local law enforcement agencies.
f. Attestation by each employee, subject to penalty of perjury, to meeting the
requirements for qualifying for employment pursuant to chapter 435 and agreeing to
inform the employer immediately if arrested for any of the disqualifying offenses while
employed by the employer.
47.2 The Subrecipient shall sign an affidavit each State fiscal year for the term of the
contract stating that all required staff have been screened or the Subrecipient is awaiting
the results of screening
****************
IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized
person or agent, have executed this Contract on the date and year first written above.
ATTEST:
Dwight E. Brock, Clerk of Courts
Dated:
(SEAL)
Approved as to Form and Legality:
Assistant County Attorney
Print Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Bv:
Penny Taylor, Chairman
Date:
NAMI of Collier County, Inc.
as
Pamela J. Baker, Ed.D.
Chief Executive Officer
Date:
a�O
QON
EXHIBIT A — DEFINITIONS
A-1. PROGRAM SPECIFIC TERMS
A-1.1. Central Coordination Program means the program proposed in the Subrecipient's Application, designed
to improve centralized coordination among some combination of mental health providers, law enforcement
agencies, courts, and other partner agencies, with regard to one or more aspects of substance abuse or mental
health services for the target population
A-1.2. Centralized Assessment Center (CAC) Program Participant refers to an individual who has been assessed
at the CAC for Forensic Reintegration Support Team (FIRST) program eligibility but has not been enrolled.
Program.
A-1.3. Crisis Intervention Team (CIT) means a first responder model that provides law enforcement -based crisis
intervention training for assisting individuals with a mental illness experiencing a behavioral healthcare crisis.
A-1.4. Forensic Intensive Reintegration Support Team (FIRST) Program Participants refers to individuals enrolled
in Case Management and any other service offered through the FIRST Program.
A-1.5.SSD/SSDI is an acronym for the Supplemental Security Income and Social Security Disability Insurance
programs administered by the United States Social Security Administration.
A-1.6. Strategic Plan means a document that is the result of a formal systemic and stakeholder planning process
that documents participation by stakeholders; is data and research driven; establishes a path to the
accomplishment of prioritized goals and objectives; and describes an intended outcome and measurable targets
of achievement. If the Subrecipient participated in Sequential Intercept Mapping, the document produced as a
result of that mapping may serve as the strategic plan.
A-1.7. Target Population means the selected category of individual for which the Subrecipient intends to develop
and focus grant -related activities, further defined as follows:
A-1.7.1 Adults refers to person age 18 or older who are arrested, or those at -risk of involvement in the criminal
justice system, who are high utilizers of emergency or crisis services. Typically, these individuals are poor,
experience homelessness, and have chronic health issues, including mental illness, substance use disorder,
or a combination thereof. Through repeat encounters with law enforcement, courts, jail, fire Counties,
emergency medical services, hospital and shelters, they consume a disproportionate amount of health, social
services, and criminal justice resources -usually without attaining positive outcomes. Individuals who pose a
high public safety risk are excluded, including those with a current charge of murder, sexual assault, or arson.
EXHIBIT B - SCOPE OF WORK
B-1. SCOPE OF SERVICE
B-1.1. This is a three-year Grant Agreement, pursuant to the authority under s. 394.656, F.S. The
Subrecipient, under the guidance of Collier County's CJMHSA Planning Council (Planning Council), shall
enhance and expand its existing Forensic Intensive Reintegration Support Team Program (FIRST) to increase
the annual number of Program participants receiving criminal justice diversion services at the Centralized
Assessment Center (CAC), located at the David Lawrence Mental Health Center, Inc..
B-1.2. The Subrecipient shall conduct all activities supported by this Grant Agreement in accordance with
the County's Application, dated September 16, 2016, in response to the Department of Children and Families
Request for Applications (RFA06H16GS1). Both the County's Application and the Department's Request for
Applications are hereby incorporated by reference and shall be maintained in the Subrecipient's and the
County's official files. The terms of the County's Application may not be changed without specific advance written
approval by the Department of Children and Families.
B-2. MAJOR OBJECTIVES
The primary goal of this Grant Agreement is to increase public safety, avert increased spending on criminal justice
systems, and improve the accessibility and effectiveness of treatment services for adults with mental illnesses and co-
occurring mental health and substance abuse disorders, who are in, or at risk of entering, the criminal justice system;
and reduce crime, recidivism, and use of forensic institutions among the target population. The major objectives of this
Grant Agreement that contribute to the goal are to:
B-2.1. Assist in the expansion of CJMHSA services and diversion initiatives described in the County's
Application, hereby incorporated as referenced by Certified Peer Specialist serving at least one third of enrolled
in case management services at David Lawrence Center.
B-2.2. Create and encourage collaboration among key stakeholders, identified in the County's Application;
and evidence by CJMHSA Planning Council and Technical Assistance call at 80% of scheduled meetings.
B-2.3. Assist in the improvement of the quality of life among enrolled Program participants as evidenced
by Peer Support Specialist completing Quality of Life Assessments.
B-3. SERVICE AREA, LOCATIONS AND TIMES
B-3.1. Service Area
The Subrecipient shall provide services within Collier County.
B-3.2. Service Delivery Location
B-3.2.1. The Subrecipient's administrative offices are listed in Section B-3.2.2.1.
B-3.2.2. The primary service delivery location(s) shall be:
B-3.2.2.1. NAMI of Collier County, Inc,
6216 Trail Blvd,, Bldg. C
Naples, FL 34108
B-3.3. Service Times
Services shall be available and provided, at a minimum, between the hours of 9:00 am through 5:00 pm, Monday
through Friday, excluding state holidays. Changes in service times and any additional holidays that the
Subrecipient wants to observe shall be approved in writing by the County.
B-3.4. Changes in Location.
The Subrecipient shall notify the County in writing a minimum of one week prior to making changes in office
location or any changes that will affect the County's ability to contact the provider by telephone, facsimile, or
email.
B-3.5. Program Years
For the purposes of this Grant, Program Years are defined as:
B-3.5.1. Program Year 1: 7/1/17 — 06/30/18;
B-3.5.2. Program Year 2: 7/1/18 — 6/30/19; and
B-3.5.3. Program Year 3: 7/1/19 — 6/30/20.
The program years do not restrict the expenditure of funds but rather are used for performance
purposes only in tracking outcome measures. The allocation may be expended in any amount through
any year
B-4. CLIENTS TO BE SERVED
Individuals to be served are adults with serious mental illnesses, substance abuse or co-occurring mental health and
substance use disorder who are in, or at risk of entering, the criminal justice system.
B-5. CLIENT ELIGIBILITY AND DETERMINATION.
The Subrecipient is responsible for assessing and determining the eligibility of each person served under this Grant
Agreement. The Subrecipient may assign this responsibility to a subgrantee.
B-6. GRANT LIMITS
The total funds awarded under this Grant shall not exceed $93,000 over the lifetime of this contract.
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EXHIBIT C - TASK LIST
The Subrecipient shall perform all functions necessary for the proper delivery of services including, but not limited to,
the following:
C-1. SERVICE TASKS
C-1.1. To support the objective in Section B-2, within three months of execution of this Grant Agreement, the
Subrecipient shall enhance its existing Program and diversion initiatives to increase public safety, avert
increased spending on criminal justice; and reduce crime, recidivism, and use of forensic institutions among the
target population. To achieve this outcome, the Subrecipient shall:
C-1.1.1 Develop, an information system to track individuals served by Peer Support Specialist and the
David Lawrence Center and Collier County Sherriff Office, during their involvement with the Program
and for at least a minimum of one year after discharge, including but not limited to: arrests, receipt of
benefits, employment, and stable housing as evidenced by quarterly tracking.
C-1.1.2 Ensure that all staff members are hired to provide services to accommodate the number of
individuals served;
C-1.1.2.1. Hire and train all staff listed in C.2.2.1. as evidenced by payroll report showing
employed staff by name and position (submission required with initial payment request and
only when personnel charges are made thereafter);
C-1.1.3 Provide CIT training to law enforcement officers, emergency personnel, civilian deputies and
law enforcement personnel as evidenced by the sign in sheet from each training session.
C-1.2. To support the objective in Section B-2.2., the Grantee encourage collaboration among key
stakeholders, identified in the Subrecipients Application. To achieve this outcome, the Grantee shall:
C-1.2.1 Participate in 80% of quarterly Planning Council meetings, strategic planning process, and
FIRST Oversight Committee Meetings as evidenced by sign in sheets; and
C-1.2.2 Participate in FIRST Oversight Committee to complete the Process and Outcomes
evaluations and present the findings at minimum annually to the Planning Council as evidenced by the
agenda and evaluation report.
C-1.3. To support the objective in Section B-2.3., the Grantee shall implement peer support services and
to improve quality of life among Program participants. To achieve this outcome, the Subrecipient shall:
C-1.3.1 Demonstrate improvement in 80% of program participants on the Quality of Life self-report
scale as evidenced by quarterly reporting for each participant indicating their score;
C-2. ADMINISTRATIVE TASKS
C-2.1. Staffing
C-2.1.1. The Subrecipient shall assign and maintain the following staff, as detailed in the
Subrecipient's Application as evidenced by Payroll Summary identifying staff, title and job description
(submission required upon hiring and at execution agreement through:
C-2.1.1. 0.75 FTE Certified Recovery Peer Specialist;
C-2.1.2. 0.15 FTE Executive Director; and
C-2.1.3. 0.3 FTE CIT and Event Coordinator
C-2.2. Professional Qualifications
The Subrecpient shall ensure Program staff assigned maintains all applicable minimum licensing, accreditation,
training and continuing education requirements required by state and federal laws or regulations for their
assigned duties and responsibilities.
C-2.3. Subcontracting
C-2.3.1. Without express written advance authorization by the County, the Subrecipient shall not
award subcontracts or sub -grants to any other individuals or organizations; nor shall it transfer,
reassign or otherwise give responsibility for the implementation of any services funded by this
Contract.
C-2.3.2. The Sub recipient shall; require all subcontractors or sub-Subrecipients at any tier level to
comply with the E -verify clause subject to the same requirement as the Subrecipient.
C-2.3.3. The Subrecipient shall be responsible for coordinating expenditures made by
subcontractors and sub-Subrecipients. The Subrecipient shall ensure funds dispersed to
subcontractors and sub-Subrecipients are expended for the purposes intended and that a full
accounting for these grant funds is made.
C-2.3.4. The Subrecipient shall be responsible for service delivery, monitoring and quality assurance
of all subcontracts or sub -grants entered into by the Subrecipient under this Contract.
C-2.3.5. The Subrecipient shall include in all subcontract or sub -Contracts: a detailed scope of work;
clear and specific deliverables; performance standards; sanctions for nonperformance;
programmatic monitoring requirements; fiscal monitoring requirements; detailed documentation
requirements, and the substance of all clauses in the Contract that mention or describe subcontract
compliance.
C-2.4. Records and Documentation
C-2.4.1. The Subrecipient shall retain all financial records, supporting documents, statistical records
and any other documents, whether kept by electronic storage media or otherwise, for a period of not
less than six years after the starting date of this Contract. If audit findings have not been resolved
at the end of the six-year period, the records shall be retained until resolution of the audit findings.
State auditors and any persons authorized by the County shall have full access to, and shall have
the right to examine any materials at any time during regular business hours.
C-2.4.2. The Subrecipient shall provide data and other information requested by the CJMHSA Grant
Technical Assistance Center (TAC) at the Louis de la Parte Florida Mental Health Institute of the
University of South Florida to enable TAC to perform statutory duties established in the authorizing
legislation.
C-2.4.3. The Subrecipient shall protect confidential records from disclosure and protect participants'
confidentiality in accordance with s.397.501(7), F.S.
C-2.4.4. Unless otherwise specified in Section C-2.5., all correspondence, reports, records and
documentation may be maintained and provided to the County electronically.
C-2.4.5. The Subrecipient shall maintain, and shall ensure all subcontractors and subgrantees
maintain records and documentation including, but not limited to, the following:
C-2.4.5.1. Draft reports, final reports, meeting notes, telephone logs;
C-2.4.5.2. Executed subcontract or sub -grant agreements and any amendments, invoices
and supporting documentation, expenditure reports, and deliverables; and
C.2.5.
Reports
C-2.4.5.3. Employment screening results for each staff who meets the requirements to be
screened for employment.
C.2.4.6. All records and documentation pertaining to this Contract shall be sent to the County upon
request and shall be available to the County for inspection at any time.
C-2.5.1. All tasks and activities under this Contract shall be documented in the following reports:
C.2.5.1.1. Quarterly Program Status Report. A detailed report of the services and
activities performed in the previous three months and the progress of the program in meeting
the performance measures, goals, objectives, and tasks described in the Grantee's
Application and specified in this contract in Exhibit C,D and E. The County will provide the
template needed to file this report.
C.2.5.1.2. Final Program Status Report A detailed report of the services and activities
performed for the entire term of the Contract and the status of the meeting the performance
measures, goals, objectives, and tasks described in the application and the terms of this
Contract.
C-2.5.2. Reporting Schedule. The Subrecipient shall submit reports in accordance with the reporting schedule in
Table 1 and Exhibit G.
Table 1 - Reporting Schedule
Report Title I Report Due Date(s)
Submit Report to:
Quarter) Program Status 5th day of the month following the quarter of
Quarterly g Report p program services or activities Community & Human
Services
No later than 30 days following the ending date I' Attention: Dawn Whelan,
of the Contract Grant Coordinator
Final Program Status Report i'
C.2.5.3. Additional Reporting Requirements. The Subrecipient shall provide additional reporting
pertaining to the services and activities rendered should the County determine this to be necessary.
C.2.6. Standard Contract Requirements. Subrecipient will perform all acts required by Contract.
C.2.7. Emergency Preparedness Plan.
C-2.7.1. If the task to be performed pursuant to this Contract include the physical care or
supervision of clients, the Subrecipient shall, within 30 days of the execution of this Contract,
submit an emergency preparedness plan which shall include provisions for records protection,
alternative accommodations for clients in substitute care, supplies, and a recovery plan that will the
Subrecipient, its subcontractors to continue functioning in compliance with the executed Contract in
the event of an actual emergency.
EXHIBIT D — DELIVERABLES
D-1. SERVICE UNITS
D.1.1. The Subrecipient shall provide CIT training that may include but not limited to deputies, patrol officers,
corrections officers, and 911 dispatch officers and other emergency personnel each program year, for a total of
240 individuals during the life of this Grant Agreement. The Subrecipient must provide services to the Annual
Minimum Number specified in Table 2.
Individuals _.__. _..._____-_.-____-_____.
Served Program Year 1
07/01/17 — 06/30/18
Table 2 - Service Targets
Target # of Participants
- — - -- --- - - -- - -----_-------------------------- -
Program Year 2 j Program Year 3
07/01118 — 06/30/19 ; 07/01/19 — 06/30/20
Program Lifetime
07/01/17 — 06/30/20
D-1.2 t
CIT Training 80 80 k' 80 240
Target Number
CIT Training 64 64 64 I 192 I'
Minimum Annual
Number
D-2. DELIVERABLES. The Subrecipient shall demonstrate satisfactory progress towards each lifetime service
target in Section D-1 through submission of quarterly data reporting in each Program Report specified in Section C-2.5
D-3. PERFORMANCE MEASURES FOR ACCEPTANCE OF DELIVERABLES
D-3.1. During each program year, satisfactory progress toward the Service Target specified in Section D-1.
shall be demonstrated by services to at least;
D-3.1.1. 20% of the Program year target by the end of the first quarter;
D-3.1.2. 40% of the Program year target by the end of the second quarter;
D-3.1.3. 60% of the Program year target by the end of the third quarter; and
D-3.1.4. 80% of the Program year target by the end of the fourth quarter.
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EXHIBIT E —PERFORMANCE MEASURES
Subrecipient shall submit quarterly performance reports for the following measures:
E-1. MINIMUM PERFORMANCE MEASURES. The following qualitative performance measures are established
pursuant to the contract and shall be maintained during the term of this Contract and reported quarterly.
E-1.1. 80% of Program participants will be assisted in applying or be linked to Social Security or other benefits
for which they may have been eligible but were not receiving at Program Admission.
E-1.2. 90% of Program participants who complete assessment will exhibit improvement in a Quality of Life Self -
Assessment.
E-1.3. 50% of Program participants will be diverted from a State Mental Health Treatment Facility
E-2. PERFORMANCE EVALUATION METHODOLOGY. The County will monitor the Subrecipients performance in
achieving the standards in Section E-1 according to the following methodology and the Subrecipient shall use this
methodology in determining overall compliance when submitting the outcome report quarterly to the County.
E-2.1. For the measure in Section E-1.1., the total number of program participants who were eligible for, but
not receiving, social security or other benefits at program admission who are assisted with applying for such
benefits within 180 days of admission DIVIDED BY the total number of program participants who were eligible for,
but not receiving, those benefits at program admission shall be GREATER THAN OR EQUAL TO 80%.
E-2.2. For the measure in Section E.1.2., the total number of individuals enrolled in the Program, who agree to
participate in the Peer Specialist facilitated Quality Life Assessment DIVIDED BY the total number of individuals
who agree to participate in the Peer Specialist facilitated Quality Life Assessment whose admission and quarterly
Assessments show improved scores shall be GREATER THAN OR EQUAL TO 90%.
E-2.3. For the measure in Section E.1.3. the total number of individuals screened and enrolled in the Program
diverted from a State Mental Health Treatment Facility admission DIVIDED BY the total number of individuals
screened for Program eligibility meeting the criteria for a State Mental Health Treatment Facility admission shall
be GREATER THAN OR EQUAL TO 50%.
E-3. For the following measures the Subrecipient shall receive client data for tracking from David Lawrence
Mental Health Center, Inc. and the Collier County Sherriff Office on a quarterly basis evidenced by the
Outcome Tracking Log (to be submitted with each request for payment):
E-3.1. 60% of Program participants not residing in a stable housing environment at program admission will
report living in a stable housing environment within 90 days of Program admission.
E.3.2. 60% of Program participants not employed at Program admission who are employed full or part-time
within 180 days of Program admission.
E.3.3 60% of Program participants not employed at Program admission who are employed full or part-time one
year following Program discharge.
E.3.4. 60% of Program participants not residing in a stable housing environment at program admission will
report living in a stable housing environment one year following Program discharge.
E.3.5 50% reduction in the total number of arrest or re -arrest amount among Program participants while enrolled
in the Program following Program discharge compared to the one year prior to Program admission.
E.3.6 50% reduction in the total number of arrest or re -arrest amount among Program participants within the
one year period following Program discharge compared to the one year period prior to Program admission.
E-4. The County through the annual monitoring process conducted by the CHS Grants Compliance Unit shall
evaluate the Subrecipients performance with receiving performance data from David Lawrence Mental Health
Center, Inc. and participation in achieving the standards in Section E-3, according to the following
methodology:
E.4.1. For the measure in Section E-3.1., the total number of Program participants not residing in a stable housing
environment at program admission who live in a stable housing environment within 90 days of Program admission
DIVIDED BY the total number of Program participants not residing in a stable housing environment at Program
admission shall be GREATER THAN OR EQUAL TO 60%.
E-4.2. For the measure in Section E-3.2, the total number of program participants not employed at Program
admission who are employed full or part-time within 180 days of Program admission DIVIDED BY the total number
of Program participants not employed at Program admission shall be GREATER THAN OR EQUAL TO 60%.
E-4.3. For the measure in Section E-3.3., the total number of Program participants not employed at Program
admission who are employed full or part-time one yearfollowing Program discharge DIVIDED BY the total number
of Program participants not employed at Program admission shall be GREATER THAN OR EQUAL TO 60%.
E.4.4. For the measure in Section E-3.4., the total number of Program participants not residing in a stable
housing environment at program admission who live in stable housing one year following Program discharge
DIVIDED BY the total number of Program participants not residing in stable housing at Program admission shall
be GREATER THAN OR EQUAL TO 60%.
E.45, For the measure in Section E-3.5., the total number of arrests among participants while enrolled in the
Program DIVIDED BY the total number of arrests among Program participants one year prior to Program
admission shall be LESS THAN OR EQUAL TO 50%.
E.46. For the measure in Section E-3.6., the total number of arrests among participants within one year post
Program admission DIVIDED BY the total number of arrests among Program participants one year prior to
Program admission shall be LESS THAN OR EQUAL TO 50%.
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EXHIBIT F - METHOD OF PAYMENT
F-1. PAYMENT METHODOLOGY
F-1.1. This is a fixed price/fixed fee contract. The County will pay the Subrecipient for the delivery of tasks,
deliverables and outcomes provided in accordance with the terms of this Contract subject to availability of funds.
F-1.2. The County shall remit payment to the Subrecipient per the schedule in the table below.
Year 1 Quarter 107/01117-09/30/17
$7,750
Year 1 Quarter 210/01/17-12/31/17
$7,750
Year 1 Quarter 3 01/01/18-03/31118
$7,750
Year 1 Quarter 4 04/01/18-06/30/18
$7,750
Year 2 Quarter 107/01/18-09/30/18
$7,750
Year 2 Quarter 210/01/18-12131118
$7,750
Year 2 Quarter 3 01/01/19-03/31/19
$7,750
Year 2 Quarter 4 04/01/19-06/30/19
$7,750
Year 3 Quarter 107/01119-09/30/19
$7,750
Year 3 Quarter 210/01/19-12/31/19
$7,750
Year 3 Quarter 3 01/01/20-03/31/20
$7,750
Year 3 Quarter 4 04/01/20-06/30/20
$7,750
Total
$93,000
F-1.3. The Subrecipient shall request payment by submission of a properly completed invoice (Exhibit H) and
submission of all supporting documentation, as outlined in Exhibits C, D and E (no later than the 5th business day
of the quarter after the end of the prior quarter following service provision, accompanied by the corresponding
quarterly performance reports and any other deliverable report due for the period of invoice.
F-1.4. The County shall approve payment requests following receipt of compliance with the Exhibit C (1.1.1.,
1.1.2.1., 1.1.3, 1.2.1, 1.2.2, 1.3.1, 2.5.1.1 and 2.5.1.2), Exhibit D Tasks (D.1.2 and D-1.3) and Exhibit E
Performance Measures (E1.1— E1.3) and provide documentation of receipt of data for E-3.
F-1.4.1. The County shall withhold 10% from each reimbursement request and upon satisfactory
completion of program lifetime performance targets and completion of the county closeout monitoring, the
County shall release the remaining funds held throughout the term of the agreement, less any funds
retained for failure to achieve a performance target.
F-1.4.2. If the Subrecipient does not meet the same performance measure for six or more consecutive
months, the County shall apply a 10% penalty for all payments made to date. Corrective action plans
required and may result in a reduction in future funding under this Contract, at the County's sole discretion.
F-1.5. The Subrecipient shall submit a final invoice for payment no later than 30 days after the expiration of this
Contract or after this Contract is terminated. Failure to do so will result in a forfeiture of all rights to payment and
the County shall not honor any requests submitted after the aforesaid time -period. Any retainage payment (10%)
due under the terms of this Contract will be withheld until the Final Program Status Report are submitted, and the
Close Out Monitoring is completed and approved by the County.
F-1.6. The Subrecipient shall provide match funds( Exhibit H-1) in accordance with the schedule in the table below:
Program Year One
$34,143
Program Year Two
$34,143
Program Year Three
$34,142
Total Match Requirement 2017.2020
$102,428
The Subrecipient shall submit match on a quarterly basis and the amount of the match submission is not
required to commensurate with the payment/invoice amount. The Subrecipient shall meet the entire program
year match obligation at the end of the program year and in the event that the Subrecipient has not satisfied their
entire match obligation by the third quarter of program year 3 payment will be withheld until such time as the
obligation is met.
F-1.7. The County shall remit payment to the SUBRECIPIENT for the performance of this contract upon
completion of the work tasks as accepted and approved by CHS in accordance with F14. Payments shall be
made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per
quarter. Payment will not occur if SUBRECIPIENT fails to perform at the minimum level of service required by
this Contract. No payment will be made until approved by CHS for grant compliance and adherence to any
and all applicable local, state, or Federal requirements. Payment will be made upon receipt of a properly
completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as "Local Government
Prompt Payment Act."
<<< The remainder of this page is intentionally left blank. >>>
EXHIBIT G
Reporting Deliverables
Report/Deliverable Name
Supporting Document
Due Date
Quarterly Payment Request
As detailed in Exhibit F. 1.4 and
5th day of the month following the
Exhibit H
end of the quarter
Match
Match documentation, Exhibit H-1
Quarterly
Quarterly Program Services
Quarterly Service Report
5th day of the month following the
Report
end of the quarters
Final Program Report
Final Program Report Template
30 days following the ending
date of the agreement
Incident Report
Incident Report
Per Occurrence
Employment Screening
Certification from each employee
July 31 and per occurrence for
Certification
working on grant
each new hire
Security Awareness Training
Certificate for those staff entering
At contract execution and
data into State System
annually thereafter.
Insurance (Director & Officer,
Insurance Certificate/Deceleration
Within 30 days of expiration
Workmen's Comp, Liability)
Favorable Conditions
Attestation Form
July 31 and annually thereafter.
Financial and Compliance Audit
Exhibit I
Annually within 9 months of
Fiscal Year End
Disaster Plan
Plan
Within 30 days of contract
execution and within 30 days of
any changes to the plan.
Deaf -and -Hard of Hearing
Single Point of Contact and ADA
5th day of the month following the
Report
end of the quarter
CHS Conflict of Interest
Conflict of Interest Form
Within 30 days of hire for each
employee working on the grant
EXHIBIT H
Payment/Match Request
EXHIBIT "H"
COLLIER COUNTY COMMUNITY AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: NAMI of Colder County, Inc.,
Sub recipient Atldrrs,: 6216 Trail Rlvrl., Rldg. C., Naples, F1.34108
Project Name: CIMHSA
Project No: LlIZ54 Payment Request It
Total Payment minus Retainage: $0.00
Period of Availability:
1
'.SECTION 1: STATUS OF FUNDS
1, Grant Amount. Awarded
2, Sum of Past Claims Paid on this Account
3 Total Grant Amount Awarded Lcss Sum OC
Post Claims Pnid on this Account $0,00
4. Amount of Previous Unpaid Requests (Insert nny unpaid request)
5, Amount of Today's Roquest. _
6. 16%, Retainnge Amount Withheld $0.00
7. Total Amount of'Retainage Withheld
0, Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests)
I certify shat this request for payment has been made in accordance whh the terms and conditions ot'the Agreement between the
Cd)UN'1'Y and us as the S0Hl0:CII1IHN'I','I'o the hest of my knowledge and belief, all grant icquiremcn(s have been followed.
j
Signature Data
Authorizing Grant Coordinator Authorizleg Grant Accountant '
Supervisor - Department Director..-_.:__
:(approval required 515,000 and abuvo) (approval ru(littred $15,000 ood abow)
Exhibit I
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR 200.500 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with establishedr
audit requirements. Accordingly, Collier County requires that all appropriate documentationis provided regarding your organizations compliance,
In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to
the federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be
in accordance with guidelines established by OMB Circular A-133 for fiscal years beginning before December 26, 2014, and established by 2 CFR Part'
200 Subpart F - Audit Requirements for fiscal years beginning on or after December 26, 2014. This form may be used to monitor Florida Single Audit
Act (Statute 215.97) requirements.
Subrecipient
Name
First Date of Fiscal Year (MMIDDIYY)
Last Date of Fiscal Year (MMIDDIYY)
Total Federal Financial Assistance Expended during most recently
Total State Financial Assistance Expended 'during most recently
completed Fiscal Year
completed Fiscal Year
Check A. or B. Check C if applicable
A. The Federal/State expenditure threshold for our fiscal year ending as indicated above has been met and a Circular A-133 or 2 CFR
Part 200, Subpart F Single 'Audit 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 OMB Circular A-133 or 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if 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 reports. 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
Date
Print Name and Title
06/15