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Agenda 11/14/2017 Item #16D1711/14/2017 EXECUTIVE SUMMARY Recommendation to approve an agreement with the David Lawrence Mental Health Center (DLC) to administer the allocation of the state-mandated match for FY18 in the amount of $1,949,400. OBJECTIVE: To provide behavioral and substance abuse services to the community. CONSIDERATIONS: DLC is a not-for-profit mental health facility in Collier County. DLC is funded, in part, via State contracts for the provision of mental health and substance abuse services. Pursuant to Florida Statute, Section 394.76(9) (a) and (b), a commitment has been made to provide funding in the amount of $1,949,400 to the DLC. The proposed agreement requires that DLC provide adult and children’s mental health and adult substance abuse services to citizens of Collier County. The contract period is from October 1, 2017 through September 30, 2018. In FY 2017 DLC received funding from the County in the amount of $1,649,400 for state-mandated services. The increase of $300,000 in funding this fiscal year represents an additional allocation for expanded services that was approved by the Board of County Commissioners as part of the FY17-18 budget process. Additional funds in the amount of $434,988 will be provided through the Intergovernmental Transfer Programs (IGT’s) with the State Agency on Health Care Administration (AHCA) program. These funds will be related to payments for charity care health services through the Low-Income Pool (LIP) Medicaid program. FISCAL IMPACT: The total amount of $1,949,400 for the service agreement has been appropriated in the FY18 budget under the general fund (001). LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. - JAB GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. RECOMMENDATIONS: To approve and authorize the Chairman to sign the agreement between Collier County and David Lawrence Mental Health Center for a total amount of $1,949,400 for FY18. Prepared By: Blanca Aquino Luque, Senior Accountant Community and Human Services Division ATTACHMENT(S) 1. DLC Funding Agreement CAO Stamp (PDF) 16.D.17 Packet Pg. 1232 11/14/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.17 Doc ID: 4061 Item Summary: Recommendation to approve an agreement with the David Lawrence Mental Health Center (DLC) to administer the allocation of the state-mandated match for FY18 in the amount of $1,949,400. Meeting Date: 11/14/2017 Prepared by: Title: Accountant – Community & Human Services Name: Blanca Aquino Luque 10/24/2017 10:39 AM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 10/24/2017 10:39 AM Approved By: Review: Community & Human Services Maggie Lopez Additional Reviewer Completed 10/24/2017 11:51 AM Public Services Department Kimberley Grant Additional Reviewer Completed 10/25/2017 4:42 PM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 10/26/2017 5:02 PM Public Services Department Joshua Hammond Level 1 Division Reviewer Completed 10/27/2017 7:04 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/27/2017 7:57 AM Grants Erica Robinson Level 2 Grants Review Completed 10/27/2017 12:21 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 11/01/2017 11:23 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/01/2017 11:57 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/01/2017 4:14 PM Grants Therese Stanley Additional Reviewer Completed 11/03/2017 3:16 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/06/2017 10:13 AM Board of County Commissioners MaryJo Brock Meeting Pending 11/14/2017 9:00 AM 16.D.17 Packet Pg. 1233 THE COLLIER COUNTY BOARD OF COUNTY COMMISIONERS AND DAVID LAWRENCE MENTAL HEALTH CENTER, INC THIS CONTRACT is made and entered into by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" and David Lawrence Mental Health Center, Inc. authorized to do business in the State of Florida, whose business address is 6075 Bathey Lane, Naples, Ftorida 34116, hereinafter referred to as "DAVID LAWRENCE CENTER" oT "CONTRACTOR". ARTICLE I SCOPE OF SERVICES Provision of substance abuse and mental health services programs must be implemented to serve residents of Collier County in accordance with Chapters 394 and 397, Florida Statutes, and all exhibits hereto. This Contract shall begin October 1, 20'U and end September 30, 2018 unless terminated as specified in Arhcle X, Suspension/ Termination. A. Contract Payment The County shall pay the Conhactor for the performance of this Agreement and the total amount of One Million, Six Hundred Four Nine Thousand, Four Hundred dollars, ($1,949,400), based on the submission of the required quarterly report (Attachment A). Quarterly payments of $487,350 will be made upon receipt of a proper quarterly invoice and in compliance with Se{tion 218.70 Florida Statutes, otherwise known as the "Local Govemment Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payments for work not performed or for unsatisfactory performance of Contractual requirements. Additional funds in the amount of $434,988 will be provided through the Intergovernmental Transfer Programs (IGT's) u/ith the State Agency on Health Care Administration (AHCA) progam. These funds will be related to payments for charity care health services through the Low-Income Pool (LIP) Medicaid program. The Contractor shall submit quarterly progress reports to the Community and Human Services Department on the 30th day of the month following the reporting quarter. The progress report format is outlined in Exhibit 2 and the reporting schedule is cited below. Quarter Report Due 1st Quarter October l - December3l January 30e Januaryl-March31 APril 30ih 3.d Quarter JulY 30tt' arh Quarter Julyl - September 30 October 30d 117 -SO C-OO7 7 4 / 137 335s / 1l Page I of 12 WHEREAS, COUNTY believes it to be in the public interest to provide substance abuse and mental health services to the Collier County residents through the DAVID LAWRENCE CENTER according to this Contract, and NOW THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein COUNTY and the DAVID LAWRENCE CENTER agree as follows: ARTICLEII TERM OF CONTRACT ARTICLE III COMPENSATION AND REPORTS Service Dates 2ndrQuarter April 1 - June 30 16.D.17.a Packet Pg. 1234 Attachment: DLC Funding Agreement CAO Stamp (4061 : State Mandated Contract with David Lawrence Center) All requesb for payment shall be submitted in accordance with Exhibit 1. Funding is contingent upon the availability of funds. The COUNTY has agreed to purchase service(s) listed in Article I. Deferred Payment/Return of Funds If, as a result of monitoring or audit, clients counted are not properly documented, a payment may be deferred. If Contractor cannot provide appropriate documentation in order to determine the accurary of the number of qualifying clients submitted by the Contractor, or if audit by County indicates that the number of clients served may be less than the minimum required for the Contract period under Article IIIB no future payment will be made until the full amount of overpayment is remitted to the COUNTY or a repayment agreement is accepted by the COUNTY. The overpayment will be calculated on a pro rata basis. If the monitoring or audit occurs after the term of this contract, the DAVID LAWRENCE CENTER will be required to remit funds to the COUNTY in accordance with the repayment conditions below. The DAVID LAWRENCE CENTER agrees to return to the COUNTY any overpayments due to funds disallowed pursuant to the term of this Contract and/or COUNTY, State or Federal requiremenb. The DAVID LAWRENCE CENTER will be required to reimburse the COUNTY for any acts of non-compliance resulting in disallowed costs or fines. B. ContractDeliverables 1. Clients Served The David Lawrence Center will serve a minimum of 7,250 nondupticated Collier County residents/clients with at least 1 unit of service, as defined by F.A.C. 65E-14 during the contract Period. Also, the David Lawrence Center will provide 1,140 prevention service units to children and adults h the Collier County schools and surrounding community. 2. Required Reports EXHIBIT 1 -Request for Payment- Due: Quarterly by the 30m of the following month. EXHIBIT 2 - Performance Outcomes Report - Due: As indicated on Exhibit 2. Certificate of Insurance - Submitted annually and 30 days prior to expLation and for changes, per Article VIII B. For all reports except the Exhibit 1 (Request for Payment), either an email or hard copy of reports is accePtable. The Exhibit 1 (Request for Payment) must have original signatures. Otler reports requiring signatures can have an electronic siSnature or a scanned copy of the report with signature. 3. Required Documents Audited Financial Statement and Management l€tter for fiscal year(s) in which contract funds are expended - Due date: Non profits - 180 days following the end of the DAVID LAWRENCE CENTER'S fiscal year(s); Monitoring Reports - A copy of monitoring reports issued from other sources as they are issued. ARTICLE IV AUDITS.MONITORING. AND RECORDS A. Monitoring and Corrective Actions The COUNTY wiII conduct an annual financial and programmatic review. The CONTRACTOR agrees that COMMUNITY AND HUMAN SERVICES will carry out no less than one (1) annual on- site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of lr7-SOC-007741L373355/11 Pase2 of t2 16.D.17.a Packet Pg. 1235 Attachment: DLC Funding Agreement CAO Stamp (4061 : State Mandated Contract with David Lawrence Center) the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations as determined by COMMUNITY AND HUMAN SERVICES. The CONTRACTOR shall, upon the request of COMMUNITY AND HUMAN SERVICES, submit information and status reports required by COMMUNITY AND HUMAN SERVICES to enable COMMUNITY AND HUMAN SERVICES to evaluate said progress and to allow for completion of reports required. The CONTRACTOR shall allow COMMUNITY AND HUMAN SERVICES to monitor the CONTRACTOR on site. Such site visits may be scheduled or unscheduled as determined by COMMUNITY AND HUMAN SERVICES. The COUNTY will monitor the performance of the CONTRACTOR based on goals and performance standards as stated with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this contract. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the CONTRACTOR within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. CONTRACTOR agrees to provide the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. Corrective Actions Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under tlis contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. B, Audits and lnspections The DAVID LAWRENCE CENTER will make a[[ records referenced in Article IV.C, and all items included on financial statements available for audit or inspection purposes at any time during normal business hours and as often as COUNTY deems necessary. The Clerk of Courts Internal Audit DepartmenL the Federal or State grantor agency (if aPplicable), Collier County Employees, or any of their duly authorized representative have the right of timely and unrestricted access to any books, documents, papers, or other records of DAVID LAWRENCE CENTER or Certified Public Accountant (CPA) that are pertinent to the contract, in order to make audit, examinations, excerpts, transcripts and copies of such documents. If contract non-compliance or material weaknesses in the organization are noted, the COUNTY or other authorized representative have the right to unlimited access to records during an audit or inspection. This includes timely and reasonable access to a DAVID LAWRENCE CENTER'S personnel for the purpose of interview and discussion related to such documents. C, Records The DAVID LAWRENCE CENTER shall retain all financial, client demographics, and programmatic records, supporting documentation, statistical records, and other records, which are necessary to document service provision, expenditures, income and assets of category during the term of this contract and a minimum of three (3) years from the date of contract expiration. The retention period may be longer depending on the funding source. If any litigation, claim, negotiation, autit, or other action involving the records has been initiated before the expiration of the retention period, the records shall be retained for one (1) year after the final resolution of the action and final resolution of all issues t}tat arise from such action. D. Independent Audit A complete independent financial audit of the agency's financial statements in accordance with Generally Accepted Accounting Principles (GAAP) and/or Generally Accepted Government Auditing Standards (CAGAS) as apPlicable are required and must include the following: o Auditor's opinion . Requisite reports on internal control and compliance, if required . Management letter addressing internal controls (Note: If there were no items to be addressed, the letter must still be completed and state that no comments were noted ) . Managemenfs response to such letter o The programs that are funded by this Collier County contract either in the statement of functional exPenses/ revenueiand expenditures, footnotes, schedule of Federal awards and State financial assistance or as supplemental lt7 -SOC-007741I3733551L) Pase 3 of 12 16.D.17.a Packet Pg. 1236 Attachment: DLC Funding Agreement CAO Stamp (4061 : State Mandated Contract with David Lawrence Center) data h the financial statements. The statement should be consistent \ /ith programs detailed in the correspondhg proposat(s), exhibit(s), and attachment(s). An original, bound or disk version from auditors must be submitted. The audit must be submitted to the COUNTY no later than one hundred eighty (180) days following the end of a non-profit DAVID LAWRENCE CENTER'S fiscal year. If applicable, any corrective action plan must be submitted. Failure to submit the report within the required time frame can result in withholding of payment, or termination of the contract by the COUNTY. The audit must be conducted by an independent, licensed certified public accountant with an unqualified opinion on their current peer review and must be in accordance with the General Accounting Office (GAO) Yellow Book, Generally Accepted Govemment Auditing Standards, OMB Circular A-133 "Audits of States, Local Governments and Non-Profit Organizations" if applicable, the Florida Single Audit Act (F.S. 275.97) rt applicable, and the Auditor General Rule 10.550 (Government) or 10.650 (Not For Profit) as applicable. ARTICLE V AMEN DMENTS DAVID LAWRENCE CENTER must submit in writing a request for any contract amendnent, and provide supporting documentation for the request which details the nature of, and iustification for the requested change and the desired effective date of the change(s). The COUNTY reserves the right to approve or deny all contract amendments requests. An amendment shall be documented and signed by authorized representatives of both parties. CTOR STATUS A. IndependentContractor It is the Parties' intention that the DAVID LAWRENCE CENTER will be an independent contractor and not the County's employee for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provision of the Internal Revenue Code, Florida revenue and taxation law, Florida Worker's Compensation law and Florida Unemployment Insurance Law. The DAVID LAWRENCE CENTER will retain sole and absolute discretion in the iudgment of the manner and means of carrying out the DAVID LAWRENCE CENTER's activities and responsibilities hereunder. The DAVID LAWRENCE CENTER agrees that it is a separate and independent enterprise from the public employer, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This agreement shall not be construed as creating any ioint employment relationship bet\a/een t}te DAVID LAWRENCE CENTER and COUNTY will not be liable for any obligation incurred by the DAVID LAWRENCE CENTER, including, but not limited to, unpaid minimum wages and/or overtime premiums. B. Subcontracts Primary roles and responsibilities of DAVID LAWRENCE CENTER cannot be subcontuacted. ARTICLE VII CONFLICT OF INTEREST The DAVID LAWRENCE CENTER agrees 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 in this contract. The DAVID LAWRENCE CENTER further agrees that no person having any such interest shall be employed or engaged for said performance. The DAVID LAWRENCE CENTER agrees that no employee, officer, agent of the DAVID LAWRENCE CENTER or its sub recipients shall participate in the selection, award or administration of a contract or construction bid if any conflict of interest, either real or implied, would be involved. The DAVID LAWRENCE CENTER or sub reciPient employees, officers and agents should refrain from accepting gratuities, favors or anything of monetary value from contractors or potential contractors based on the understanding that the receipt of such an item of value would hlluence any action or judgment of the DAvID LAWRENCE CENTER. For federally funded contracb, conflict of interest provisions described in 24 CFR 85.36 arrd 84.42 and all other established, applicable HUD regulations must be followed. \L7-SOC-0O774/1373355/U Pase 4 of 12 16.D.17.a Packet Pg. 1237 Attachment: DLC Funding Agreement CAO Stamp (4061 : State Mandated Contract with David Lawrence Center) A. Hold Harmless and Indemnity Clause To the maximum extent permitted by Florida law, the DAVID LAWRENCE CENTER 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, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/ Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. B. Insurance - Non Profit DAVID LAWRENCE CENTER The DAVID LAWRENCE CENTER agrees to secure and maintain the insurance coverage outlined below during the term of this Contract. The DAVID LAWRENCE CENTER agrees that this insurance requirement shall not relieve or limit DAVID LAWRENCE CENTER'S liability and that the COUNTY does not in any way represent that the insurance required is sufficient or adequate to protect the DAVID LAWRENCE CENTER's interests or liabilities, but are merely minimums. Certificate(s) of Insurance naminq Collier Countv Board of Commissioners as Certificate Holder and additional insured will be attached to this contract as an exhibit. Name and address for Certificate Holder should be: Collier County Board of County Commissioners. Certificate(s) must be provided for the following: 1. Workers' Compensation - Statutory benefits as defined by Florida Statute 440 encompassing all operations contemplated by this contract or agreement to apply to all owners, officers, and employees. Employers' liability will have minirnum limits of: $100,000 per accident $500,000 disease limit $100,000 disease limit per employee 2. Commercial General Liability - Coverage shall apply to premises and/or operations, products and/or completed operations, independent conhactors, contracfual liability, and broad form proPerty damage exposures with minimum limits of: $100,000 bodily iniury per person (BI) $300,000 bodily iniury per occurrence (BI) $100,000 property damage (PD) or $300,000 combined single limit (CSL) of BI and PD 3. Business Auto Liability - The following Automobile Liability will be required and coverage shall apply to all owned, hired, and non-owned vehicles used with minimum limits of: $100,000 bodily iniury per person (BI) $300,000 bodity iniury per occurrence (BI) $100,000 property damage (PD) or $300,000 combined single limit (CSL) of BI and PD 4. Directors & Officers Liability - Entity coverage to cover claims against the organization directly for wrongful acts with limits not less than $100,000. 5. Fidelity Bonding - Covering all employees who handle the agency's funds. The bond amount must tle equivalent to the highest daily cash balance or a minimum amount of $50,000. 6. Notice of cancellation or modification The COUNTY will be notified thtuty (30) days prior [or immediately upon notification if less than 30 days' notice is given to the DA\rID LAWRENCE CENTERI to effective date cancellation or reduction of coverage or immediately upon modification of any stipulated insurance. Such notification will be in writing and addressed to the designated County staff as stated in Article XIII of this agreement. 177 -SO C- OO7 7 4 I 737 33ss I L)Page 5 of 12 ARTICLE VIII RISK MANAGEMENT 16.D.17.a Packet Pg. 1238 Attachment: DLC Funding Agreement CAO Stamp (4061 : State Mandated Contract with David Lawrence Center) ARTICLEIX SUSPENSION/TERMINATION COUNTY's obligation to make any payments under any provision of this Contract shall cease on the effective date of termination, and will include payment for services through the date of termination. A. Suspension The COUNTY reserves the right to suspend funding for failure to comply with the requiremenb of this contract. Agencies that fail to submit required documents by the due date can be suspended, and payment will be withheld until all requirements are satisfied. In the event DAVID LAWRENCE CENTER ceases operation for any reason or files for protection from creditors under bankruptcy law, any remaining unpaid portion of this Contract, less funds for expenditures already incurred, shall be retained by the COUNTY and the COUNTY shall have no further funding obligation to the DAVID LAWRENCE CENTER with regard to those unpaid funds. B. Termination by COUNTY The COUNTY may at any time and for any reason cancel this Contract by giving thirty (30) days written notice to the DAVID LAWRENCE CENTER by Certified Mail following a determination by the Board of County Commissioners, at its sole discretion, that such cancellation is in the best interest of the people of the county. From the date of cancellation, neither party shall have any further obligation unless specified in the termination notice. C. Termination by DAVID LAWRENCE CENTER The DAVID LAWRENCE CENTER may at any time and for any reason cancel this Contract by giving thirty (30) days prior u/ritten notice to the COUNTY by Certified Mail of such and specifying the effective date. ARTICLEX ASSURANCE,CERTIFICATIONS, AND COMPLIANCE The DAVID LAWRENCE CENTER agrees that compliance with these assurances and certifications constitutes a condition of continued receipt of or benefit from funds provided through this Contract, and that it is binding upon the DAVID LAWRENCE CENTER, its successors, transferees, and assignees for the period during u/hich service are provided. A. PERMITS, LICENSES, TAXES: In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the work shall be obtained by the DAVID LAWRENCE CENTER. Payment for all such permits issued by the COUNTY shall be processed internally by the COUNTY. All non COUNTY permits necessary for the prosecution of the work shall be procured and paid for by the DAVID LAWRENCE CENTER. The DAVID LAWRENCE CENTER shall also be solely responsible for payment of any and all taxes levied on the DAVID LAWRENCE CENTER. In addition, the DAVID LAWRENCE CENTER shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government now in force or hereafter adopted. The DAVID LAWRENCE CENTER agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the DAVID LAWRENCE CENTER. B. IMMIGRATION LAWS: The COUNTY will not intentionally award contracts to any contractor/vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324A(e) Secnon 274A(e) ol the Immigration and Nationality Act (INA). The COUNTY shall consider the employment by DAVID LAWRENCE CENTER of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of the contract by the COUNTY. C. OTHER REQURIEMENTS: 117 -SOC-OO77 4/73733ss I71 Page 6 of 12 16.D.17.a Packet Pg. 1239 Attachment: DLC Funding Agreement CAO Stamp (4061 : State Mandated Contract with David Lawrence Center) The DAVID LAWRENCE CENTER further assures that all contractors, subcontractors, or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of statutes, regulations, guidelines and standards. By acceptance of this funding, the DAVID LAWRENCE CENTER assures and certifies the following: A. That they will comply with all applicable laws, ordinances, and regulations of the United States, the State of Florida, the COUNTY, and the municipalities as said laws, ordinances, and regulations exist and are amended from time to time. In entering into this contract, the COUNTY does not waive the requirements of any COUNTY or local ordinance or the requirements of obtaining any permits or licenses that are normally required to conduct business or activity contemplated by the DAVID LAWRENCE CENTER. B. That they will comply with all applicable Federal, State and local anti-discrimination laws. C. That they will administer their programs under procedures, supervision, safeguards, and such other methods as may be necessary to prevent fraud and abuse, and that it will target its services to those who most need them. D. That if clients are to be transported under this contract, the DAVID LAWRENCE CENTER will comply with the provisions of Chapter 427, Florida Statutes, which requires the coordination of transportation of the disadvantaged. E. That they will comply with Ch apter 39.20'1,, Florida Statutes, that any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare, as defined in this chapter, shall report such knowledge or suspicion to the Florida Abuse Hotline (1-800 -962-2873). F. That they will comply with Chapter 415.1034, Florida Statutes, that any person who knows or has reasonable cause to suspect that a vulnerable and or disabled adult has been abused, neglected, or exploited, shall immediately report such knowledge or suspicion to the Florida Abuse Hotline (1-800-962-2873). G. That if personnel in programs under this contract work directly with children or youths and vulnerable or disabled adults, the DAVID LAWRENCE CENTER y/ill comply with the provisions of Chapters 435.03 and 435.04, Florida Statutes, which requires employment screening. H. That they will comply with Chapter 216.347, Florida Statutes, which prohibiE the expenditure of contract funds for the purpose of lobbying the legislature, State or county agencies. I. That they will notify the COUNTY quarterly of any changes and/or additions from the Central Florida Behavioral Health Network. This notification must include a statement as to how this change in funding affects provision of service as well as the use of and continued need for the COUNTY funds. J. That they will notify the COUNTY of any SICNIFICANT changes to the DVID LAWRENCE CENTER organization to include Board Membership (roster), Articles of Incorporahon and Bylaws within (10) working days of the effective date. K. For federally funded programs, that they will comply with applicable uniform administrative requirements as described in 24 CFR Part 84 and 85 and HUD requirements as described in 24 CFR Part 5. L. The DAVID LAWRENCE CENTER shall comply with requirements as defined in Section 504 of the Rehabilitation Act of 1973 www.section508 index.cfm?Fu ontent&ID=15 and the American Disability Act (ADA)h (http:/,/www.ada.gov) as implemented by 28 CFR Part 35 (http:/ / ecfr. gpoaccess.gov / cgi / t/ text/ text- idx?c=ecfr&tpl=/ecfrbrowse/Title28/28cfr35 main 02.tpl). A Single Point of Contact shalt be required if the agency employs fifteen (15) or more employees. The Single Point of Contact will ensure effective communication with deaf or hard of hearing customers or companions in accordance with Section 504 and the ADA and coordinate activities and reports with the DAVID LAWRENCE CENTER's Single Point of Contact. M. The DAVID LAWRENCE CENTER shall ensure that Collier County funds are restricted to Collier County residents. Iterns D - H and K - L will be considered in compliance unless otherwise noted in the State of Florida DePartment of Children and Families and/or Central Florida Behavioral Health Care Center Annual Monitoring Report(s). ARTICLE XI HEALTH INSURANCE PORTABILTIY AND ACCOUNTABI LITY ACT OF 1996 (HIPAA) The COUNTY, pursuant to the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a "covered entity" as the law defines that term. Any "personal health inforrnation" (PHI) as defined by the law that the COUNTY .ec"ir", prrsrant to this Agreement is subject to the disclosure and security requirements of HIPAA. Transfer of IL7-SOC-0077 4h373355/11 Pase 7 of 12 16.D.17.a Packet Pg. 1240 Attachment: DLC Funding Agreement CAO Stamp (4061 : State Mandated Contract with David Lawrence Center) information to the COUNTY sufficiently "de-identified" to no longer be considered PHI G encouraged as being in the best interest of client PHI confidentiality to the extent that client services are unaffected. Particular methods to accomplish the highest levels of client service coupled with PHI confidentiality shall be an on-going task of the effected staffs of the COUNTY and DAVID LAWRENCE CENTER. DAVID LAWRENCE CENTER:COUNTY: Print Name: Scott Bursess Print Name: Blanca Aquino Lu ued Title: Chief Executive Officer Title: Senior Accountant Agency Communitv & Human Services Address: 6075 Bathey Lane, BIdg. B-1 Address 3339 Tamiami Trail East Suite 211 Naples, FL 34116 Naples, FL 34112 Telepho ne: 239-Telep hone: 239-252 Fax: 239-455-6561 E-mail: blancaaquinoluque@colliqlqov.let E-mail: scottb@dlccmhc.com The signatures of the two (2) persons shown below are designated and authorized to sign all applicable reports and invo ices/ reques t for payment: Name (printed/typed)Name (prirted/ typed) Signature Signature Title Title lr7 -so c-oo7 7 4 / 737 3355 / 7l Page t of 12 ARTICLE XII CONTRACT DISPUTE RESOLUTION PROCEDURE VENUE Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of 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 t}le commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attemPt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. 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, Florida Statutes. Failing mediation, either party relating to or arising out of this Contract must be brought in the appropriate federal or state court in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters ARTICLE XIII N.TICES officialnoticesconcerningthisConou..*,.,**-t}orizedrepresentatives: 16.D.17.a Packet Pg. 1241 Attachment: DLC Funding Agreement CAO Stamp (4061 : State Mandated Contract with David Lawrence Center) ln the event that either party designates different representatives after execution of this contract, notice of the name and address of the new representative will be rendered in writing by authorized officer of DAVID LAWRENCE CENTER to thc COUNTY. ARTICLE XIV SPECIAL PROVISIONS A. DISASTEIVEMERGENCY ASSISTANCE: If needed, DAVID LAWRENCE CENTER may be called upon to assist the COUNTY during a natural disaster or emergency. This includes the use of the DAVID LAWRENCE CENTER'S facility to assist with Emergency Food Stamp preregistration if facility is operational and computer terminals are available. DAVID LAWRENCE CENTER will be responsible to notify Collier County immediately after a disaster declaration if the location is accessible and operational and of any DAVID LAWRENCE CENTER staff who are available to assist with recovery efforts. B. SUBIECT TO APPROPRIATION: It is further understood and agreed by and between the parties herein that this Agreement is subiect to appropriation by the Board of County Commissioners. C. PROHIBITION OF GIFrS TO COUNTY EMPLOYEES: No organization or individual shall offer or give, either directly or indirectly, any favot, git,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, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual , fim, andf 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 individuat and/or firm for cause. D. ASSIGNMENT: DAVID LAWRENCE CENTER shall not assign this Agreement or any part thereof, without the prior consent in writing of the COUNTY. Any attempt to assign or otherwise transfer this Agreement or any part herein, without the COUNTY's consent, shall be void. If DAVID LAWRENCE CENTER does, with approval, assigrr this Agreement or any part thereoi it shall require that its assignee be bound to it and to assume toward DAVID LAWRENCE CENTER all of the obligations and responsibilities that DAVID LAWRENCE CENTER has assumed toward the COUNTY. ARTICLE XV ALL TERMS AND CONDITIONS INCLUDED ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents. This contract and its attachments, and any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations, or agreements, either verbal or written between the parties. If any term or provision of this contract is legally determined unlawful or unenforceable, the remainder of the contract shall remain in full force and effect and such terms or provisions shall be stricken. IN WITNESS THEREOF, DAVID LAWRENCE CENTER and COUNTY have caused this contract and aII CONtTACt Exhibits and Attachments as indicated on next page to be executed by their undersigned officials as duly authorized. lL7 -SOC-}077 4 / L3733ss/11 Page 9 of12 16.D.17.a Packet Pg. 1242 Attachment: DLC Funding Agreement CAO Stamp (4061 : State Mandated Contract with David Lawrence Center) CONTRACTOR: COUNTY: ATTEST: DWIGHT E, BROCK, CLERK , DEPUTY CLERK Approved for form and Iegality: Jennifer A. Belpedio Assistant County Attorney DAVID LAWRENCE MENTAL HEALTH CENTER By, SCOTT BURGESS EXECUTIVE OFFICER COLLIER COUNTY By, PENNY TAYLOR, CHAIRMAN o/.at' ..o \ 177 -SO C-0O7 7 4 / t37 33ss I t)Page l0 of l2 f. 16.D.17.a Packet Pg. 1243 Attachment: DLC Funding Agreement CAO Stamp (4061 : State Mandated Contract with David Lawrence Center) Sub recipient Name; Sub recipient Address Project Name: EXHIBIT 1 REQUEST FOR PAYMENT David Lawrence Mental Health Center, Inc. 5075 Bathey Lane, Bldg B-1, Naples,FL34^l'16 State Mandated Match Agreement Total Agreement Amount Total Quarterly Requested Amount Balance Remaining Quarter End date $1,949,400 $ Check documents provided with request for paymenU Quarterly Client Served Summary (always required) Monitoring reports from other contractors, as applicable Insurance Certificate, as applicable Annual Audit, as applicable Any changes in the Central Florida Behavioral Health Network, Inc. funding if not already provided I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us. To the best of my knowledge and belief, all contract requirements have been followed. Signature Title Datc Authorizing CHS staff CHS Supervisor (approval authority under $15,000) 177 -SOC-OO7 7 4 I 1373 3ss/11 Page I I of 12 Quarter Begin Date $_ E CHSDept'DiIector(aPProValrequired$15,000andabove) ( 16.D.17.a Packet Pg. 1244 Attachment: DLC Funding Agreement CAO Stamp (4061 : State Mandated Contract with David Lawrence Center) Exhibit 2 David Lawrence Center (DLC) Performance Measures Fiscal Year (2018) Performance Measures lst Quarter Octl-Dec31 2nd Quarter Jan 1 -March 31 3rd Quarter April l - June30 4th Quarter Jul 1-Sep 30 Cumulative Total # of nonduplicated Collier County residents/clients with at least 1 unit of service during the quarter. Signature & Date: lL7 -soc-0077 4 I t3733ss/11 Page 12 of 12 a9 16.D.17.a Packet Pg. 1245 Attachment: DLC Funding Agreement CAO Stamp (4061 : State Mandated Contract with David Lawrence Center)