Agenda 04/12/2011 Item #16D7
4/12/2011 Item 16.0.7.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign Agreements with the
David Lawrence Center and National Alliance on Mental Illness of Collier County, Inc. to
operate the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant and
approve associated budget amendments. Funding has been provided through
Memorandum of Understanding #LHZ25 from the Florida Department of Children and
Families.
OBJECTIVE: To approve and authorize the Chairman to sign Agreements with David
Lawrence Center and National Alliance on Mental Illness of Collier County, Inc. to operate the
Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant and approve
associated budget amendments. Funding has been provided through Memorandum of
Understanding #LHZ15 from the Florida Department of Children and Families.
CONSIDERATIONS: The Criminal Justice, Mental Health and Substance Abuse
Reinvestment Grant was created within the Department of Children and Families by the 2007
Legislature (Section 394-658, Florida Statutes). The purpose of the program is to provide
funding to counties to plan, implement, or expand initiatives that increase public safety, avert
increased spending on criminal and juvenile justice, and improve the accessibility and
effectiveness of treatment services. The program serves persons who have a mental illness,
substance abuse disorder, or co-occurring mental health and substance disorders and who are in,
- or at risk of entering, the criminal or juvenile justicc system.
On February 8, 2011, agenda item 16D2, the Board of County Commissioners approved a
Memorandum of Understanding with the Florida Department of Children and Families to accept
a sum of $548,490 over three (3) years with $181.830 of that total grant amount being awarded
for state fiscal year 1010-2011. Collier County's Housing, Human, and Veteran Services
department will act as the fiscal agent for the grant and has been allocated sufficient grant funds
to pay operating costs. The following table details the first ycar allocation of the grant funding
provided.
-
FY 2010-2011 Bud"et
$18,000.00
$94-495.00
$32,06800
$38,167.00
$182,830.00
Orl:anization
Collier County Administration
David Lawrence Center
National Alliance on Mental Illness of Collier County.lnc
Collier County Sheriff's Office
TOTAL FY 20]0-2011
-
Implementation of the grant activities will be achicved through partnerships with three agencies:
the Collier County Sheriff's Office and its contracted health care provider, Prison Health
Services; the David Lawrence Center, the local comprehensivc behavioral health care provider;
and the National Alliance on Mental Illness of Collier County, Inc. All required matching funds
are being provided by the partnership agencies, plus Florida Gulf Coast University, in the form
of in-kind services and cash.
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4/12/2011 Item 16.0.7.
Approval of this item will authorize the Chairman to sign the attached two (1) Agreements with
the aforementioned agencies to implement the Criminal Justice, Mental Health and Substance
Abuse Reinvestment Grant and approve associated budget amendments. The third agreement
with the Collier County Sheriffs Office will be presented at a later date.
FISCAL IMPACT: The total three (3) year grant award is $548,490. Of this total amount,
$182,830 has been awarded for state fiscal year 2010-2011. No general funds are associated
with this project.
GROWTH MANAGEMENT IMPACT: There are no growth management impacts associated
with this item.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient. This item requires a majority vote. - JBW
RECOMMEND A TION: To approve and authorize the Chairman to sign Agreements with
David Lawrence Center, National Alliance on Mental Illness of Collier County, Inc., and the
Collier County Sheriffs Office to operate the Criminal Justice, Mental Health and Substance
Abuse Reinvestment Grant and approve associated budget amendments. Funding has been
provided through Memorandum of Understanding #LHZ25 from the Florida Department of
Children and Families.
PREPARED BY: Frank Ramsey, Housing Manager, Housing, Human, and Veteran Services
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4/12/2011 Item 16.0.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.0.7.
Item Summary: Recommendation to approve and authorize the Chairman to sign
Agreements with the David Lawrence Center and National Alliance on Mental Illness of Collier
County, Inc. to operate the Criminal Justice, Mental Health and Substance Abuse Reinvestment
Grant and associated budget amendments. Funding has been provided through Memorandum
of Understanding #LHZ25 from the Florida Department of Children and Families.
Meeting Date: 4/12/2011
Prepared By
Name: OienLisa
Title: Grants Coordinator,Housing, Human & Veteran Services
3/24/2011 4:05:48 PM
Submitted by
Title: Grants Coordinator,Housing, Human & Veteran Services
Name: OienLisa
3/24/2011 4:05:50 PM
Approved By
Name: KrumbineMarcy
Tit]e: Director - Housing & Human Serviees,Housing, Human & Veteran Serviccs
Date: 3/24/2011 8:47:56 PM
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 3/25/20] ] 8:4] :54 AM
Name: AckermanMaria
Date: 3/25/20] 1 10:35:58 AM
Name: FoordMarlene
Title: Grant Development & Mgmt Coordinator, Grants
Date: 3/25/2011 11 :04:55 AM
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Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 3/25/2011 2:41: 12 PM
Name: RamseyMarla
Title: Administrator, Public Services
Date: 3/30/201] 4: 17:0 I PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/1/2011 8:52:55 AM
Name: PryorCheryl
Title: Management! Budget Analyst, Senior,Office of Management & Budget
Date: 4/1/2011 3:58:03 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/4/201] 10:36:53 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 4/4/20 II 12:22:36 PM
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4/12/2011 Item 16.0.7.
4/12/2011 Item 16.0.7.
AGREEMENT
FOR
CRIMINAL TUSTICE, MENTAL HEALTH AND
SUBSTANCE ABUSE REINVESTMENT GRANT
THIS AGREEMENT, made and entered into on this 12th day of April 2011, by and between
David Lawrence Mental Health Center, Inc., ErN 59-2206025, (d/b/a David Lawrence
Center), authorized to do business in the State of Florida, whose business address is 6075
Bathey Lane, Naples, Florida, 34116, hereinafter called the "Contractor" (or "Consultant") and
Collier County, a political subdivision of the State of Florida, Collier County, Naples,
hereinafter called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. The contract shalI be for a one (1) year period, commencing on
April 12, 2011, and terminating on April 11, 2012.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for two
(2) additional one (1) year periods. The County shall give the Contractor 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.
2. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
Scope of Services, attached as Exhibit" A", and the County's application submitted to,
and approved by, the State of Florida Department of Children and Families referred to
herein and made an integral part of this agreement. This Agreement contains the entire
understanding between the parties and any modifications to this Agreement shall be
mutually agreed upon in writing by the Contractor and the County project manager or
his designee, in compliance with the County Purchasing Policy and Administrative
Procedures in effect at the time such services are authorized.
3. THE CONTRACT SUM. The County shall pay thc Contractor for the performance of
this Agreement a total amount of Two Hundred Eightv TIrree Thousand Four Hundred
Eight Five and DO/lOa Dollars ($283,4R5.00) over tlu'cc (3) years with Ninety Four
Thousand Four I-iundred Ninetv Five' and 00/100 Dollars (594.495.00) of that total
Eunount being a:vvarded bE'ginni:ng \,\'ith ;::01;-2 fisca.I year 2010-201t subject to Ch~~nge
OrdcIs as appro\'ed in advancE' by Lhe ('o:lnty_ Payrnent b~::, lna,;;.ie upon receipt elf a
proper uyvoice and apr'l"c,'\.'aI by rIousing, l-IulT1an and "\~\-~-'~dl-t S:;:r. lees, 01:' ius
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4/12/2011 Item 16.0.7.
designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the
"L.ocal Government Prompt Payment Act".
3.1 Payments will be made for services lurnished, delivered, and accepted, upon
receipt and approval 01 invoices submitted on the date of services or within six (6)
111ontl15 alter completion 01 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 \vith respect to the timely
submission of invoices under this agreement,
4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions tbereol, which are applicable during the
performance of the \Ai ork.
:J. NOTICES, All notices from tbe County to the Contractor shall be deemed duly served
if mailed or laxed to the Contractor at the following Address:
David L.awrence Center
6075 Bathey L.ane
Naples, Florida 34]]6
Attn: David C. Schimmel, Chiel Executive Officer
Phone: 239-455-8500
Fax: 239-455-6561
All 0.'otices from the Contractor to the Counh' shall be deemed duly served if mailed or
faxed to the County to:
Collier Countv Government Center
Housing, Human and Veteran Services
3339 Tamiami Trail, East, Suite 211
0.'aples, Florida :'\4112
Attention: Frank Ra1l1sey, I -lousing tdanager
'j'elephone: 239-2::;2-'+663
F21csin1ile; 2JSl-2S2-654~
T11e Cuntractor and the Count}' IndY d13nge the abuve lllailing address at any tiIne upon
giving tl1e other party written notification. AI1 notices under this /\grccment must be in
\-\'riting.
6. NO PARTNERSHIP, Nc)thing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent 01 the County.
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4/12/2011 Item 16.0.7.
7. 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 Contractor. 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 Contractor. TIle Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor 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 Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
8. NO IMPROPER USE. The Contractor 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 Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor 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 Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Contractor be found to have failed to perform his services
in a marmer satisfactory to the County as per this Agreement, tIle County may terminate
said agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of SI,OOO.OOO
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. T1lis shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liahility.
B. Business Auto Liabilitv: Coverage shall have minimum limits of $500,(JOO 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.
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4/12/2011 Item 16.0.7.
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.
Special Requirements: Collier County C;overnmel,t shall be listed as tIle
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 Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County ten (J 0) days prior to any expiration date.
There shall be a thirty (30) day notification to tIle Countv in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subcontractors comply will, the same insurance
l'equirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance I1weting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor /Vendor/Consultant sha]] indemnify and hold harmless Co]]ier County, its
officers and emplovees from any and Clllliabiiities, damages, losses and costs, including,
but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused
bv the negligence, recklessness, or intentionally \\'rongful conduct of the
Contractor/Vendor/Consultant or anyone employed or utilized by the
Contractor /V end 01'/ Consultant in the performance of this Agreement. This
indelnnificJtion obligation shall not be construed to 11cgate, Dbridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this parasraph.
This section does not pertain to an)' incident arising from the sole negligence of
Collier County.
13. CONTRACT ADMINISTRATION. This /\greement shall be administered on behalf of
the Count\. by the i lousing, Human and Veteran Services Department.
14, CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would C01lfJict in anl' manner
\vith the perforrnancc nf services required hereunder. Contractor further represents that
no l"'lCTsons h~1vin\-' iinv such irlterest S11i11l be enlnloved to nerfornl those services.
' b .' .r-.1 r-
15. COMPONENT PARTS OF THIS CONTRACT. Tllis Contract consists of the attachcd
component parts, all of which are as fully a part of tIle contract as if herein set out
verbatim: Insll1'ance Certificate, Scope of Services and Addendum/ Addenda.
P:~g:t c:1 (If 7
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4/12/2011 Item 16.0.7.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. 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, 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, I{FP, and/or quotes; and, c.
immediate termination of any contract held by the mdividual and/ or firm for cause.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Contractor is formally acknowledging without exception or stipulation that it is
fully responsible for complying with the provisions of the Immigration I{eform and
Control Act of 1986 as located at 8 USe. 1324, et seq. and regulations relating thereto,
as either may be amended. Failure by the Contractor to comply with the laws referenced
herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
19. 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.
10. AGREEMENT TERMS. If any portion of this Agreement is Ileld to be void, invalid, or
otherwise unenforceable, in ,,,,-hole or in part, the remaining portion of this Agreement
shall remain in effect.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contractor.
22. DISPUTE RESOLUTION, Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. -n1e negotiation shall be
attended by representatives of Contractor witl1 full decision-making authority and by
County's staif person who would make tIle presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to tl1e
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
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4/12/2011 Item 16.0.7.
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, PIa, Stat.
Any suit or action brought by either parLy to this Agreement against the other parLy
relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters,
,
13. KEY PERSONNEUPROIECT STAFFING The proposer's personnel and management
to be utilized for this project shall be knowledgeable in Uleir areas of expertise. The
County reserves the right to perform investigations as may be deemed necessary to
insure tllat competent persons will be utilized in the performance of the contract.
Selected firm shall assign as many people ,1S necessary to complete the project on a
timely basis, and each person assigned shall be available for an amount of lime
adequate to meet tlle dates set forth in the Project Schedule. Firm shall not change Key
Personnel unless tlle following condilions are met: (J) Proposed replacements have
substantially the same or better qualifications and/ or experience. (2) that the County is
notified in writing as far in advance as possible. Firm shall make commercially
reasonable efforts to notify Collicr County witl,in seven (7) dol'S of the cl1ange. The
County retains final approval of pl'llposed replacement personnel.
IN vVITNESS '-\THEREOF, tl,e Conb'actnr ill1d the County, have each, respectively, by an
autl10rized person or agent, llereunder set their hands and seals on tlle date and year first above
written.
ATTEST:
DwiQ'l1t E. Brock, Clerk of Courts
u
BOARD OF COUNTY COM)"llSSlONERS
COLLIER COUNTY, FLORIDA
By:
Dated:
By:
Freel IV. Coyle, Chairman
~':, L)
(C,L,
Approved as to form and
legal sufficiency:
~"" -'. \ --l
\. '\0\f\...,...:/I..-L.
.--,- -..----.----.. ' ~.__._~~-_..__..
Jennifer B, \'\'i'lite
Assistant County cHtomey
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4/12/2011 Item 16.0.7.
First Witness
By:
DAVID LAWRENCE MENTAL
HEALTH CENTER (D/BI A DA VlD
LA WRENCE CENTER)
PE~~~f
David C. Schimmel
Chief Executive Officer
~ (!3~
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4/12/2011 Item 16.0.7.
EXHIBIT "A"
SCOPE OF SERVICES
A. PROTECT SCOPE:
On February 8, 2011, agenda item 16Dl, the Board of Commissioners approved
the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant
(Memorandum of Understanding #LHZ23) with the State of Florida Department
of Children and Families. Deta]]s of this scope of work are consistent with and
support certain details of that aGreement.
Tl,e David Lawrence Center, through the Forensic Intensive Reintegration
Support Team (FIRST), will plan, implement, or expand initiatives that increase
pu bIic safety, avert increased spending on criminal and juvenile justice, and
improve accessibility and effectiveness of treatment services. The program will
serve persons \,vho have a menta] illness, substance abuse disorder, or co-
occurring mental health and substance disorders and who are in, or at risk of
entering, the crirrlinal or ju'\'enile justice systelTI.
Administration budget funds pay fund Housing, Human and Veteran Services'
staff expenses. Contractual budget funds wi!1 pay David Lawrence Center for
items such as, but not limited to, one (1) full time Case Manager, one-half (0.5)
time Master's level cOll11selin", ners[1I1nel and fringe benefits, local travel,
" 1" "--,
supplies, and rent and utilities. Enhancement budget funds will pay David
Lawrence Center for items such as, but not limited to, participant expenses
reluting to housing, transportabon, pharnlaceuticals, tangible iten1S required for
C111p]oY111ent/ education, or other lllCJningfuI activity.
1']le project activities wil] meet the State of Florida Department of Children and
Fa1l1ilies' guidelines LInd objectives.
B. BUDGET
Collier County Housing, IJurnan and Veteran Scn'ices js pro\'iding a total
amount of Two H1ll1dred Eis;hty Three ~o-l()usand Four Hundred Eightv Five and
00/100 Dollars (5283,485.00), The Consultant shall provide a match of One
Hundred Twentv Six Thousand One Hundred Se\'entv One and (1(1/](10 Dollars
($1:;:6.171.00). The match will be in the form of in-kind services and cash, The
table be!cHY, as .Jpproved by the grantor agency, pro\'ides line iterns budgeted by
State FlJndsJ Local !'vbtch and Tota] Line r;udget.
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4/12/2011 Item 16.0.7.
YEAR ONE OF THREE
BUDGET DETAIL
BUDGET DETAIL
i Line Item Description I State Funds Local Match Total Line Bud"et
I Contractual I $61,395.00 $42,057,00 $103,452.00
I Enh~ncem"nt I $33,100.00 $0.00 $33,100.00
! , - ,
I TOTAL YEAR ONE
[ $94,495.00
, $4-,057.00 I $136,~5_.00
J
YEAR TWO OF THREE
BUDGET DETAIL
Line Item Description
Contractual
Enhancement
i TOTAL YEAR TWO
I State Funds ~I Local Match rIotal Line Budget I
$61,395.00 I $42,057.00 I 8J 03,452.00
$33,100.00 I 50.00 I $33,100.00
$94,495.00 I $42,057.00 I $136,552.00
YEAR THREE OF THREE
BUDGET DETAIL
I Line Item Description State Funds i Local Match I Total Line Budget
i Contractual $61,395.00 I $42,057.00 I $103,452.00
I Enhancement $33,100.00 1$0.00 ! $33,100.00
I TOTAL YEAR THREE $94,495.00 I $42,057.00 i $136,552.00
TOTAL
BUDGET DETAIL
I Line Item Deseri ltion
I Con tractual
Enhancenl12nt
TOTAL
I State Funds ~-Local Matd;'-
$184.1 85.00 $J26,17100
, $99,300.00 I $(1.00
I $283,~.!l~.00 I $126,171,00
Total Line Budgetl
$283,48500 I
, $99,30000 ,
: $-?.!l2,785.0~~
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C. PROTECT WORK PLAN
The following Project Work Plan is in effect for program monitoring
requirements only and, as such, is not intended to be used as a payment
schedule.
I Date Date , I
I YEAR ONE THROUGH THREE Work Plan
Start End I
'0372011 O?,/2014 Collier County provide adn1inistradve sen'ices I
03/2011 03/2014 I Provide case managc1l1ent services ---j
~'/2:J1l ' 03/2014 Provide 111ental health counseling services I
I, G::~ ("2U11 I 03/2014 S~en'ise forensic and clinical acti"vities J
I 03/2[111 I 03/2014 Coordinate and evaluate program
103/2011 i 03/2014 CODrdinate EnJ-1.anccment expenditures
I 03/2011.103/2014 I Collect d~!a and prep,ue reports
The above Project Work Plan details items to be completed and submitted by
"Date End". Modifications to the above \Vork Plan require the prior written
approval of the County. A \Vork Plan modification will be required if the listed
activity exceeds the assigned end date bv 90 dm's or greater. Any
modification(s) will be made an integral component of this Agreement.
D. PAYMENT SCHEDULE
Tlw following table details the project deliverables and pa\'ment schedule.
~----~erable J___, _ Payment Schedule
~ <::ase management ,___,1 Signed timesheet and evidence of pavment
rProject Coordination ~..,lSig'J1ed timesheet and evidence of payment!
I I-'roi;l';m Evaluation I Annual Evaluation Reports ---i
I Supplie~ __JJ.1.~,:oice/biJ] and evidence of_pa'.mcI1l......_--I
! Local travl'l I Actual !r,w,::l costs ,_~..~_~
: Rent/ Utilities : SiC(ned attestation of Chief Financial ()fficer I
-~_.__.._..~- -'-'._--,---~-- - -
,~_~J_:__~:~1~~~~1_~_~nts ~_____~_LLJ!_\~~i.~':?l__tl_U~_~~:_d e\~l~?el1Ce ~Jf P~}~~lC~__j
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EXHIBIT "B"
SPECIAL CONDITIONS
A. TRAVEL
Travel shall me conducted in accordance with the Department's travel guidelines
as governed by Subsection 187.058(1)(b), F.S" and in accordance with section
112.061, FS. See the Department's travel policy, CFOP 40-1 (Official Travel of
DCF Employees and Non-Employees).
B. INFORMATION TECHNOLOGY RESOURCES
Written approval from the Department must be obtained prior to purchasing any
Information Technology Resource (lTR) with grant funds. The Contractor agrees
to secure prior written approval by means of an Information Resources I~equest
(IRR) form before purchase of any ITR. TIle Contractor agrees to comply with
the Department's TTR policy, CFOP 50-9, Policy on Information Resource
Requests.
C. RECORD RETENTION
Contractor agrees to retain all financial records, supporting documents, statistical
records and any other documents, whether kept by electronic storage media or
otherwise, for 3 period of not less than six (6) years after the starting date of the
Agreement. If audit findings have not been resolved at the end of the six (6) year
period, the records shall be retained until resolution of the audit findings. State
auditors and any persons authorized by the Department shall have full access to,
and shall have the rigl1t to examine any materials at any time during regular
business hours.
D. REPORTING
Contractor agrees to 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 Universitv of South Florida to enable TAC
to perform statutory duties established in the autborizing legislation. Contractor
agrees to submit semi-annual program reports on or before ~1ay 1 and
November 1, annually to the Florida Department of Children and Families.
Conh'actor agrees to submit an annual fiscal report. signed by the County
Administrator, on or before November 1 to the Florida Department of Children
and Families. The Department will pro\'ide the Contractor with templates and
forms needed to file all required reports.
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4/12/2011 Item 16.0.7.
E. MANDATORY ASSURANCES
1. Infrastructure: Tbe Contractor shall possess equipment and Internet access
necessary to participate funy in this program.
1. Site Visits: The Contractor will cooperate fully with the Department in
coordinating site visits, if desired by the Department.
3. Non-discrimination: The Contractor agrees that no person will, on the
basis of race, color, national orIgin, creed or religion be excluded from
participation in, be refused the benefits of, or he otherwise subjected to
discrimination pursuant to the Act governing these funds or any project,
program, activity or sub-grant supported by the requirements of, (a) Title
VI of tbe Civil Eights Act of ] 964 which prohibits discrimination on the
basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended which prohibits discrimination on the
basis of sex; (c) Section ,504 of the Eehabilitation Act of 1973. as amended
which prohibits discrimination in employment or any program or activity
that receives or benefits from federal financial assistance on the basis of
handicaps; (d) Age Discrimination Act] 975, as amended whicb prohibits
discrimination on the basis of age, (e) Equal Employment Opportunity
Program (EEOP) musl meet the requirements of 19 CFR 42.30].
4. Lobbving: The Contractor is prohibited bv Title 31, USC, Section 1352,
entitled - L.imitation on use of appropriated funds to inflllence certain
Federal contracting and financial transactions, from using Federal funds
for 10bbving the Executive or Legislative Branches of the federal
sovcrnnlenl in connection \'\'1th a specific grant or cooperative agreement.
Section 'J3.'i2 also requires that eadl person who requests or receives a
Federal grant or cooperabve i1greelllent rnust disclose lobbying
undcrti::lkcll \\,jth n(Jn~FecJer(1] Funds jf grants und,/or cooperative
dbH.'enlcnts c:\cel'ding Sl 00,000 in total costs.
5. Dl'llg-Free Worknlace Reauirements: The Contractor agrees that it will, or
will continue to. provide a drug-free workplace in accordance with 45
C:FJ~ Part 76.
6. Smoke-Free \Vorh,lace l\eauirements: Public Law lC!3-217. part C-
Environmental Tobacco Smoke, also known as the Pro-Children Act of
] 994 (Act), requires that smoking not be permitted in am' portion of anv
indoor f-acilil:\' o\vned Of leased ur contracted for bv aI') entity and used
routinely or regularly for tlle pro\'ision of health, da:y care, edtJcatioI1, or
library projt'ci::; to cllildrcn under the ;;lge of 18, if the projects are funded
by Fcderi:l1 programs either directly or through Stale or local g;c,vernnlents,
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4/12/2011 Item 16.0.7.
by Federal grant, contract, loan, or loan guarantee. The law does not
apply to children's projects provided in private residences, facilities
funded solely by Medicare or Medicaid funds, and portions of facilities
used for inpatient drug or alcohol treatment. Failure to comply with
provisions of the law may result in the imposition of a civil monetary
penalty of up to $1,000 per day and/ or the imposition of an
administrative compliance order on the responsible entity.
7. Compliance and Performance: The Contractor understands that grant
funds in Years 2 and 3 for Implementation Grants are contingent upon
compliance with the requirements of this grant program and
demonstration of performance towards meeting the grant goals and
objectives, as well as availability of funds.
8. Certification of Non-supplanting: The Contractor certifies that funds
awarded under this solicita tion will not be used for programs currently
being paid for by other funds or programs where the funding has been
committed.
9. Submission of Data: The Contractor agrees to provide data and other
information requested by the Criminal Justice, Mental Health, and
Substance Abuse Technical Assistance Center at the Florida Mental Health
Institute to enable the Center to perform the statutory duties established
in the authorizing legislation.
10. Submission of Reports: The Contractor agrees to submit semi-annual
progress reports and an annual fiscal report, signed by the County
Administrator, to the Department.
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4/12/2011 Item 16.0.7.
AGREEMENT
FOR
CRIMINAL JUSTICE. MENTAL HEALTH AND
SUBSTANCE ABUSE REINVESTMENT GRANT
THIS AGREEMENT, made and entered into on this 12111 day of April 2011, by and between
the National Alliance on Mental illness of Collier County, Inc., EIN 65-0047747, (d/bl a
NAMI), authorized to do business in the State of Florida, whose business address is 6216
Trail Boulevard, Building C, Naples, Florida 34108, hereinafter called the "Contractor" (or
"Consultant") and Collier County, a political subdivision of the State of Florida, Collier
County, Naples, hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on
March 22, 2011, and terminating on March 21,2012.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for two
(2) additional one (1) year periods. The County shall give the Contractor 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.
2. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
Scope of Services, attached as Exhibit" A", and the County's application submitted to,
and approved by, the State of Florida Department of Children and Families referred to
herein and made an integral part of this a!:,'Teement. This Agreement contains the entire
understanding between the parties and any modifications to this Agreement shall be
mutually agreed upon in writing by the Contractor and the County project manager or
his designee, in compliance with the County Purchasing Policy and Administrative
Procedures in effect at the time such services are authorized.
3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of
this Agreement a total amount of Ninetv Six Thousand Two Hundred Four and 00/100
Dollars ($96,204.00) over three (3) years with Thirty Two Thousand Sixty Eight and
00/100 Dollars ($32,068.00) of that total amount being awarded beginning with state
fiscal year 2010-2011, subject to Change Orders as approved in advance by the County.
Payment will be made upon receipt of a proper invoice and upon approval by Housing,
Human and Veteran Services, or his designee, and in compliance with Chapter 218, Fla.
Stats., otherwise known as the "Local Government Prompt Payment Act".
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4/12/2011 Item 16.0.7.
3.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6)
months 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 agreement.
4. SALES TAX. Contractor 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.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
NAMI of Collier County, Inc.
6216 Trail Boulevard
Building C
Naples, Florida 34108
Attn: Kathryn Leib-Hunter, Executive Director
Phone: 239-434-6726
Fax: 239-434-0974
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Housing, Human and Veteran Services
3339 Tamiami Trail, East, Suite 211
Naples, Florida 34112
Attention: Frank Ramsey, Housing Manager
Telephone: 239-252-4663
Facsimile: 239-252-6542
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
7. 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 Contractor. Payment
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4/12/2011 Item 16.0.7.
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 Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Goverrunent now in force or hereafter adopted. The Contractor agrces to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
8. NO IMPROPER USE. Thc Contractor 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
cffcct or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorizcd representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor 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 practicc, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrccted to the
satisfaction of the County.
9. TERMINATION. Should the Contractor be found to have failed to perform his services
in a maImer satisfactory to the County as per this Agreement, the County may terminate
said agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
10. NO DISCRIMINATION. The Contractor agrces that thcre shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit 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 Liabilitv: Coverage shall have minimum limits of 5500,000 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.
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4/12/2011 Item 16.0.7.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
Special Requirements: Collier County Goverrunent 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 Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County ten (10) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor/Vendor/Consultant shall indenmify 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.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Housing, Human and Veteran Services Department.
14. CONFLICT OF INTEREST: Contractor represents 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. Contractor further represents that
no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Insurance Certificate, Scope of Services and Addendum/ Addenda.
Page 4 of?
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4/12/2011 Item 16.0.7.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. 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, 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.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Contractor is formally acknowledging without exception or stipulation that it is
fully responsible for complying with the provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.s.e. 1324, ct seq. and regulations relating thereto,
as either may be amended. Failure by thc Contractor to comply with the laws referenced
herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collicr County
cncourages 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.
20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
othcrwise unenforceable, in whole or in part, the remaining portion of this A6'Teement
shall remain in effect.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this contract upon satisfactory negotiation of pricc by thc Contract Manager and
Contractor.
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to rcsolve any such disputcs by ncgotiation. Thc ncgotiation shall be
attcnded by representatives of Contractor with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attcmpt 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
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4/12/2011 Item 16.0.7.
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
23. KEY PERSONNEUPROTECT STAFFING: The proposer's 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
insure that competent persons will be utilized in the performance of the contract
Selected firm shall assign as many people as necessary to complete the project on a
timely basis, and each person assigned shall be available for an amount of time
adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key
Personnel unless the following conditions are met (1) Proposed replacements have
substimtially the same or better qualifica,tions and/ or experience. (2) that the County is
notified in writing as far in advance as possible. Firm 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.
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST:
Dwight E. Brock, Clerk of Courts
BOARD OF COUNTY COMMISSIONERS
COLUER COUNTY, FLORIDA
By:
Dated:
(SEAL)
By:
Fred W. Coyle, Chairman
Approved as to form and
legal sufficiency:
~~"\,J'~
Jennifer B. ite
Assistant County Attorney
Page 6 of7
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First eess
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tTy~e1frint witness namet
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Second Witness
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Page 7 of7
4/12/2011 Item 16.0.7.
NAMI OF COLLIER COUNTY, INC.
By:
/~~
Kathryn Leib-Hunter
Executive Director
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4/12/2011 Item 16.0.7.
EXHIBIT" A"
SCOPE OF SERVICES
A. PROTECT SCOPE:
On February 8, 2011, agenda item 16D2, the Board of Commissioners approved
the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant
(Memorandum of Understanding #LHZ25) with the State of Florida Department
of Children and Families. Details of this scope of work are consistent with and
support certain details of that agreement.
The National Alliance for Mental Illness of Collier County, Inc. (NAMI), through
the Forensic Intensive Reintegration Support Team (FIRST), will plan,
implement, or expand initiatives that increase public safety, avert increased
spending on criminal and juvenile justice, and improve accessibility and
effectiveness of treatment services. The program will serve persons who have a
mental illness, substance abuse disorder, or co-occurring mental health and
substance disorders and who are in, or at risk of entering, the criminal or juvenile
justice system.
Administration budget funds have been provided by the grantor agency to pay
Housing, Human and Veteran Services' staff expenses, Contractual budget
funds will pay NAMI for items such as, but not limited to, two (2) part time Peer
Specialists, pcrsonnel and fringe benefits, supervision, and local travel.
The project activities will meet the State of Florida Department of Children and
Families' guidelines and objectives.
B. BUDGET
Collier County Housing, Human and Veteran Services is providing a total
amount of Ninety Six Thousand Two Hundred Four and 00/100 Dollars
($96.204.00\. The Consultant shall provide a match of Thirty Five Thousand One
Hundred Eightv Four and 00/100 Dollars (535.184.00\. The match will be in the
form of participant fees, in-kind services, and cash. The table below, as approved
by the grantor agency, provides line items budgeted by State Funds, Local Match
and Total Line Budget.
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4/12/2011 Item 16.0.7.
YEAR ONE OF THREE
BUDGET DETAIL
Line Item Description State Funds Local Match Total Line Budget
Contractual $32,068.00 $11,728.00 $43,796.00
TOTAL YEAR ONE $32,068.00 $11,728.00 $43,796.00
YEAR TWO OF THREE
BUDGET DETAIL
Line Item Description State Funds Local Match Total Line Budget
Contractual $32,068.00 $11,728.00 $43,796.00
TOTAL YEAR ONE $32,068.00 $11,728.00 $43,796.00
YEAR THREE OF THREE
BUDGET DETAIL
Line Item Description State Funds Local Match Total Line Budget
Contractual 532,068.00 $11,728.00 $43,796.00
TOTAL YEAR ONE $32,068.00 $11,728.00 $43,796.00
TOTAL
BUDGET DETAIL
Line Item Description State Funds Local Match Total Line Budget
Contractual 596,204.00 $35,184.00 $131,388.00
TOTAL $96,204.00 $35,184.00 $131,388.00
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4/12/2011 Item 16.0.7.
C. PROTECT WORK PLAN
The following Project Work Plan is in effect for program monitoring
requirements only and, as such, is not intended to be used as a payment
schedule.
Date Date YEAR ONE THROUGH THREE Work Plan
Start End
03/2011 03/2014 Collier County provide administrative services
03/2011 03/2014 Provide Peer Specialist services
03/2011 03/2014 Provide Peer Specialist supervision
03/2011 03/2014 Training to Peer Specialist in SSI Outreach Access Recovery
(SOAR)
The above Project Work Plan details items to be completed and submitted by
"Date End". Modifications to the above Work Plan require the prior written
approval of the County. A Work Plan modification will be required if the listed
activity exceeds the assigned end date by 90 days or greater. Any
modification(s) will be made an integral component of this Agreement.
D. PAYMENT SCHEDULE
The following table details the project dcliverables and payment schedule.
crvision
Pa ment Schedule
Si ed timesheet and evidence of
Si ed timesheet and evidence of
Actual travel costs
Peer S
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4/12/2011 Item 16.0.7.
EXHIBIT "B"
SPECIAL CONDITIONS
A. TRAVEL
Travel shall me conducted in accordance with the Department's travel guidelines
as governed by Subsection 287.058(1)(b), F.5., and in accordance with section
112.061, F.S. See the Department's travel policy, CFOP 40-1 (Official Travel of
DCF Employees and Non-Employees).
B. INFORMATION TECHNOLOGY RESOURCES
Written approval from the Department must be obtained prior to purchasing any
Information Technology Resource (ITR) with grant funds. The Contractor agrees
to secure prior written approval by means of an Information Resources Request
(IRR) form before purchase of any ITR. The Contractor agrees to comply with
the Department's ITR policy, CFOP 50-9, Policy on Information Resource
Requests.
C. RECORD RETENTION
Contractor agrees to 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 (6) years after the starting date of the
Agreement. If audit findings have not been resolved at the end of the six (6) year
period, the records shall be retained until resolution of the audit findings. State
auditors and any persons authorized by the Department shall have full access to,
and shall have the right to examine any materials at any time during regular
business hours.
D. REPORTING
Contractor agrees to provide data and other information requested by the
C]MHSA 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. Contractor
agrees to submit semi-am1Ual program reports on or before May 1 and
November 1, annually to the Florida Department of Children and Families.
Contractor agrees to submit an annual fiscal report, signed by the County
Administrator, on or before November 1 to the Florida Department of Children
and Families. The Department will provide the Contractor with templates and
forms needed to file all required reports.
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4/12/2011 Item 16.D.7.
E. MANDATORY ASSURANCES
1. Infrastructure: The Contractor shall possess equipment and Internet access
necessary to participate fully in this program.
2. Site Visits: The Contractor will cooperate fully with the Department in
coordinating site visits, if desired by the Department.
3. Non-discrimination: The Contractor agrees that no person will, on the
basis of race, color, national origin, creed or religion be excluded from
participation in, be refused the benefits of, or be otherwise subjected to
discrimination pursuant to the Act governing these funds or any project,
program, activity or sub-grant supported by the requirements of, (a) Title
VI of the Civil Rights Act of 1964 which prohibits discrimination on the
basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended which prohibits discrimination on the
basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended
which prohibits discrimination in employment or any program or activity
that receives or benefits from federal financial assistance on the basis of
handicaps; (d) Age Discrimination Act 1975, as amended which prohibits
discrimination on the basis of age, (e) Equal Emp]oyment Opportunity
Program (EEOP) must meet the requirements of 29 CFR 42.301.
4. Lobbving: The Contractor is prohibited by Title 31, use, Section 1352,
entitled - Limitation on use of appropriated funds to influence certain
Federal contracting and financial transactions, from using Federa] funds
for lobbying the Executive or Legis]ative Branches of the federal
government in connection with a specific grant or cooperative agreement.
Section 1352 also requires that each person who requests or receives a
Federa] grant or cooperative agreement must disclose lobbying
undertaken with non-Federal funds if grants and/or cooperative
agreements exceeding $100,000 in total costs.
5. Drug-Free Workplace Requirements: The Contractor agrees that it will, or
will continue to, provide a drug-free workplace in accordance with 45
CFR Part 76.
6. Smoke-Free Workplace Requirements: Public Law 103-227, part C-
Environmental Tobacco Smoke, also known as the Pro-Children Act of
1994 (Act), requires that smoking not be permitted in any portion of any
indoor facility owned or leased or contracted for by an entity and used
routinely or regularly for the provision of health, day care, education, or
library projects to children under the age of 18, if the projects are funded
by Federal programs either directly or through State or local governments,
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4/12/2011 Item 16.D.7.
by Federal grant, contract, loan, or loan guarantee. The law does not
apply to children's projects provided in private residences, facilities
funded solely by Medicare or Medicaid funds, and portions of facilities
used for inpatient drug or alcohol treatmcnt. Failure to comply with
provisions of the law may result in the imposition of a civil monetary
penalty of up to $1,000 per day and/or the imposition of an
administrative compliance order on the responsible cntity.
7. Compliance and Performance: The Contractor understands that grant
funds in Years 2 and 3 for Implementation Grants are contingent upon
compliance with the requirements of this grant program and
demonstration of performance towards meeting the grant goals and
objectives, as well as availability of funds.
8. Certification of Non-supplantin~: Thc Contractor certifies that funds
awarded under this solicitation will not be used for programs currently
being paid for by other funds or programs where the funding has been
committed.
9. Submission of Data: The Contractor agrees to provide data and other
information requested by the Criminal Justice, Mental Health, and
Substance Abuse Technical Assistance Ccnter at the Florida Mental Health
Institute to enable the Ccnter to perform the statutory duties established
in the authorizing legislation.
10. Submission of Reports: The Contractor agrees to submit semi-annual
progress reports and an annual fiscal report, signed by the County
Administrator, to the Department.
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