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Agenda 09/24/2013 Item #16D13 9/24/2013 16.D.13. EXECUTIVE SUMMARY Recommendation to approve Amendment#2 to the David Lawrence Mental Health Center, Inc. (DLC)agreement,which will reallocate specific program area funding budget allocation amounts. (No Fiscal Impact) OBJECTIVE: To provide mental health and substance abuse services to the Collier County community. CONSIDERATION: On December 11, 2012, item 16.D.18, the Board approved a contract with DLC in the amount of $1,154,200 as committed by the County and total compensation through the matching program of$1,385,040.00 to provide substance abuse and mental health services in Collier County. The current program budget amounts were estimated based on the previous year. However, due to the community's needs it was necessary to reallocate the specific amounts in each program. The reallocation of funds for the program services only effect the fourth quarter of the budget. Staff and DLC have reviewed the current budget and have determined that in order to continue services in all program areas, there is a need to reallocate program funding as listed in the chart below: Program Current Program Revised Program Area Allocation Area Allocation EMERGENCY SERVICES $563,000 $810,000 Crisis Stabilization Unit-Admissions EM Services Assessment Center-Assessments EM Services Assessment Center-Baker Act Crisis Stabilization Unit-Readmissions Adult Medical Services $363,000 $ 15,000 Adult Substance Abuse Outpatient&Drug Court $ 60,000 $123,795.36 Detox $100,000 $150,000 Drug Court (now combined with ASA Outpatient) $ 70,000 $31,204.64 Immokalee Medical Services $ 25,000 $ 37,400 Immokalee Outpatient Services $ 88,000 $ 7,600 Childrens Medical Services $ 58,000 $177,040 Childrens Urgent Care $ 58,040 $ 33,000 TOTAL 81,385,040 81,385,040 As such, staff recommends that the Board approve an amendment to the agreement replacing the chart in Article III with the above chart. The chart has been redacted from the original agreement and placed as back-up to this item for comparison purposes. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. Packet Page-1920- 9/24/2013 16.D.13. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: Section 394.76, Florida Statutes requires the County to participate in the funding of alcohol and mental health services. The amount of the participation shall be at least that amount which, when added to other available local matching funds, is necessary to match state funds. This item is approved as to form and legality and requires a majority vote for approval. -JAB RECOMMENDATION: That the Board of County Commissioners approves and Chairwoman signs the Amendment #2 to the Agreement with David Lawrence Mental Health Center, Inc., which will reallocate the specific program area allocation amounts. Prepared by: Lisa N. Carr, Grants Coordinator, Housing,Human and Veteran Services Packet Page-1921- 9/24/2013 16.D.13. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.13. Item Summary: Recommendation to approve the Second Amendment to Agreement with David Lawrence Mental Health Center, Inc. (DLC)for substance abuse and mental health services, which will reallocate specific program area funding budget allocation amounts. (No Fiscal Impact) Meeting Date: 9/24/2013 Prepared By Name: CarrLisa Title: SHIP Program Coordinator 9/3/2013 3:26:27 PM Submitted by Title: SHIP Program Coordinator Name: CarrLisa 9/3/2013 3:26:28 PM Approved By Name: SonntagKristi Date: 9/4/2013 6:56:34 PM Name: SonntagKristi Date: 9/4/2013 6:56:53 PM Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 9/10/2013 5:03:31 PM Name: RobinsonErica Date: 9/12/2013 1:38:58 PM Name: CarnellSteve Title: Purchasing/General Services Director Packet Page-1922- 9/24/2013 16.D.13. Date: 9/12/2013 4:43:29 PM Name: BelpedioJennifer Title:Assistant County Attorney,County Attorney Date: 9/13/2013 4:07:24 PM Name: KlatzkowJeff Title: County Attorney Date: 9/16/2013 9:34:39 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 9/16/2013 11:27:23 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 9/16/2013 5:03:10 PM Name:KlatzkowJeff Title: County Attorney Date: 9/17/2013 8:33:07 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 9/17/2013 10:27:58 AM Amok Packet Page-1923- 9/24/2013 16.D.13. STANDARD NONPROFIT/GOVERNMENT CONTRACT „m Funding Source: THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND DAVID LAWRENCE MENTAL HEALTH CENTER 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.d/b/a David Lawrence Center,a private nonprofit corporation existing under the laws of the State of Florida, hereinafter referred to as "DAVID LAWRENCE CENTER". ,', i WHEREAS,this Agreement is funded by local funds matched with Federal funds as provided in `. the October 23, 2012 Letter of Agreement between COUNTY and Agency for Healthcare Care , Administration that allows County participation in an intergovernmental transfer program, and, 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: ARTICLE I SCOPE OF SERVICES Provision of substance abuse and mental health services in accordance with Exhibit 5. Program must be implemented to serve residents of Collier County in accordance with Chapters 394 and 397, Florida Statutes, and all exhibits hereto. ARTICLE IL TERM OF CONTRACT This Contract shall begin October 1.2012 and end September 30. 2013 unless terminated as specified In Article IX, Suspension/Termination, The COUNTY may, at Its discretion and with the consent of the DAVID LAWRENCE CENTER,renew the Agreement under all of the terms and conditions contained in this Agreement for three(3)additional one(1)year periods.The COUNTY shall give DAVID LAWRENCE CENTER written notice of the COUNTY's intention to extend the Agreement term not less than ten(10)days prior to the end of the Agreement term then in effect, ARTICLE III COMPENSATION AND REPORTS A. Contract Payment Once invoiced by the DAVID LAWRENCE CENTER and validated, the COUNTY will submit payments on a quarterly reimbursement basis to the Naples Community Hospital for services delivered in accordance with Exhibit 5. The DAVID LAWRENCE CENTER agrees to accept as full compensation the total annual amount not to exceed $1,154,200.00 as committed to by the County and total compensation through the matching program of $1,385,040.00. Payments will be authorized only for work Page 1 of 45 Packet Page-1924- 9/24/2013 16.D.13 Ask- completed and/or services delivered during the term of the contract as stated In ARTICLE II: TERM OF CONTRACT, and prior to the payment request date. Documentation of eligible expenses will be provided as stated in Article III C. Contract Deliverables. r 'I'" Payment is subject to the provisions of Article III B Deferred Payment/Return of Funds and ' Article IX, Suspension/Termination. All requests for payment shall be submitted in , accordance with Exhibit 1. Funding is contingent upon the availability of funds. ' r,,-. '. f ;y SALES TAXI The DAVID LAWRENCE CENTER shall pay all sales,consumer,use and other similar a taxes assodated with the Work or portions thereof,which are applicable during the performance of the Work. The COUNTY has agreed to purchase the service(s) listed in Art icle I. For unit rate 243 contracts, this contract is for the payment of a fixed number of units of service at the fixed unit rate, as detailed in Exhibit 5. X33 FormatEed Table Approved Budget Category Annual County and Program Area MICA Funding Total Program Area '" Allocation Adult Mental (a) Emergency $563,000 $810,000 $1,039,000$870.000 Health Services (b)Medical Services $363994$15.0 00 (c)Immokalee "i Medical $25,000 537,400 (d)Immokalee $881 ° $7,600 Outpatient i Adult (a) Detox 498 000 $150,000 0 $305,000 Substance Abuse (b) Outpatient $697944$1 23,795'36 (c)Drug Court $70,000$31,204.64 q' >es. Children's (a) Medical $58,010$177,040 $116,010$2l0'040 Mental Health a., (b) Urgent Care $58,000 33 000 B. Deferred Payment/Return of Funds The COUNTY may defer payment to the DAVID LAWRENCE CENTER for noncompliance with contract deliverables or program requirements. If, as a result of monitoring or audit, units of service provided are not properly documented,a payment may be deferred. If units are found to be unallowable,no future payments will be made until the full amount of overpayment is remitted to the COUNTY or a repayment agreement Is accepted by the COUNTY. 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 Page 2 of 45 "; e-1925- Packet Pag 9/24/2013 16.D.13. 1b f D 0 completed and/or services delivered during the term of the contract as stated in ARTICLE II: TERM OF CONTRACT, and prior to the payment request date. Documentation of eligible expenses will be provided as stated in Article III C. Contract Deliverables. Payment is subject to the provisions of Article III B Deferred Payment/Return of Funds and Article IX, Suspension/Termination. All requests for payment shall be submitted in accordance with Exhibit 1. Funding is contingent upon the availability of funds. SALES TAX, The DAVID LAWRENCE CENTER shall pay all sales,consumer,use and other similar taxes associated with the Work or portions thereof,which are applicable during the performance of the Work. The COUNTY has agreed to purchase the service(s) listed in Article I. For unit rate contracts, this contract is for the payment of a fixed number of units of service at the fixed unit rate, as detailed in Exhibit 5. Approved Budget Category Annual County Program Area and MICA Total Program Area Funding Allocation Adult Mental (a) Emergency $563,000 $1,039,000 Health Services (b)Medical Services $363,000 (c)Immokalee Medical $25,000 (d)Immokalee $88,000 Outpatient Adult (a) Detox $100,000 $230,000 Substance Abuse (b) Outpatient $60,000 (c)Drug Court $70,000 Children's (a) Medical $58,040 $116,040 Mental Health (b) Urgent Care $58,000 B. Deferred Payment/Return of Funds The COUNTY may defer payment to the DAVID LAWRENCE CENTER for noncompliance with contract deliverables or program requirements. If, as a result of monitoring or audit, units of service provided are not properly documented, a payment may be deferred. If units are found to be unallowable, no future payments will be made until the full amount of overpayment is remitted to the COUNTY or a repayment agreement is accepted by the COUNTY. 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 Page 2 of 46 Packet Page-1926- 9/24/2013 16.D.13. SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND DAVID LAWRENCE MENTAL HEALTH CENTER,INC. This Amendment, is entered into this day of , 2013, by and between David Lawrence Mental Health Center, Inc., d/b/a David Lawrence Center, a private not-for-profit corporation existing under the laws of the State of Florida, hereinafter referred to as David Lawrence Center and Collier County, Florida, herein after to be referred to as "COUNTY," collectively stated as the"Parties." WHEREAS, on December 11, 2012, the County entered into an agreement with David Lawrence Center for it to provide substance abuse and mental health services to Collier County residents(hereinafter referred to as the "Agreement") which was amended on June 25,2013; and WHEREAS, the Parties desire to amend the Agreement by modifying the chart set forth in Article III of the agreement pertaining to compensation for identified program outcomes. NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend the Agreement as follows: 1. The total program budget will remain the same. The reallocation of funds for the program services only effect the fourth quarter of the budget. However, the allocation amounts for each specific program area are modified to meet program needs and budget. A To that end, the chart set forth in Article III of the Agreement is replaced with the attached chart. 2. David Lawrence Center shall keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. 3. David Lawrence Center shall provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 4. David Lawrence Center shall ensure that public records that are exempted or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 5. David Lawrence Center shall meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. ei7N Packet Page-1927- �� 9/24/2013 16.D.13. 6. All other terms and conditions of the Agreement remain in full force and effect. This Amendment merges any prior written and oral understanding and agreements, if any, between the parties with respect to the matters set forth herein. IN WITNESS WHEREOF,the Parties have executed this Amendment, on the date and year first above written. DAVID LAWRENCE CENTER: COLLIER COUNTY: By: By: Georgia A. Hiller, Esc. Name (print) Name (print) (Signature of authorized officer) (Signature of authorized officer) Chairwoman, Board of County Commissioners Title Title Date Date Packet Page-1928- °\