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Agenda 05/10/2011 Item #16D3 5/10/2011 Item 16.0.3, EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign an Agreement with the Collier County Sheriff's Office to participate with the operation of the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant. Funding has been provided through a Memorandum of Understanding #LHZ25 from the Florida Department of Children and Families. OBJECTIVE: To approve and authorize the Chaimlan to sign an Agreement with the Collier County Sheriffs Office to participate with the operation of the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant. Funding has been provided through a Memorandum of Understanding #LHZ25 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 justice system. On February 8, 2011, agenda item 1602, the Board of County Commissioners approved a Memorandum of Understanding with the Florida Dcpartmen( of Children and Families to accept a sum of $548,490 over three (3) years with $182,830 of that total grant amount being awarded for state fiscal year 2010-2011. Collier County's Housing, Human, and Veteran Serviccs 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 year allocation of the grant funding provided. Onmnization Collier County Administration David Lawrence Center National Alliance on Mental Illness of Collie Collier County Sheriffs Office TOTAL FY 2010-2011 FY 2010-2011 Budget I ~--_. i "------ $18,000.00 --. $94,495.00 r County. Inc. $32.068.00 $38.267.00 $182,830.00 Implementation of the grant activities will be achieved 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 comprehensive behavioral health eare provider; and the National Alliance on Mental Illness of Collier County. Inc. All required matching funds are being provided by the paJinership agencics, plus Florida Gulf Coast University, in the form of in-kind services and cash. ..- Packet Page -649- 5/10/2011 Item 16.0.3. Approval of this item will authorize the Chairman to sign the attached Agreement with the Collier County Sheriffs Office to participate with the operation of the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant. Agreements with the other two (2) participating agencies, the David Lawrence Center and National Alliance on Mental Illness of Collier County, Inc., were approved by the Board of County Commissioners on April 12, 201 I. 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 RECOMMENDATION: To approve and authorize the Chainnan to sign an Agreement with the Collier County Sheriffs Office to participate with the operation of the Criminal Justice, Mental Health and Substance Abusc Reinvestment Grant. Funding has been provided through a Memorandum of Understanding #LHZ25 from the Florida Department of Children and Families. PREPARED BY: Frank Ramsey, Housing Manager, Housing, Human, and Veteran Services Packet Page -650- 5/10/2011 Item 16.0,3. COLLIER COUNTY Board of County Commissioners Item Number: 16.0.3. Item Summary: Recommend"tion to approve and authorize the Chairman to sign an Agreement with the Collier County Sheriff's Office to participate with the operation of the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant. Funding has been provided through Memorandum of Understanding #LHZ25 from the Florida Department of Children and Families. Meeting Date: 5/10/2011 Prepared By Name: RamseyFrank Title: Manager, Housing, Human and Veteran Services 4/14/2011 10:47:12 AM Submitted by Tit]e: Manager, Housing, Human and Veteran Services Name: RamseyFrank 4/14/20] 1 ]0:47:]4 AM Approved By Name: KrumbineMarcy Title: Director - Housing & Human Services,Housing, Human & Veteran Services Date: 4/20/201 ] 4:20:33 PM Name: AlonsoHailey Title: Administrative Assistant.Domestic Animal Services Date: 4/27/20] I 9:30:23 AM Name: RamseyMarla Title: Administrator. Public Services Date: 4/28/20]] ]2:57:25 PM Name: WhiteJennifer Title: Assistant County Attol11ey,County Attol11cy Packet Page -651- Date: 4/28/2011 3:32:11 PM Name: KlatzkowJeff Title: COUllty Attorney, Date: 4/29/201 1 9:38:22 AM Name: PryorCheryl Title: Management! Budget Analyst, Senior,Office of Management & Budget Date: 5/2/2011 11:05:31 AM Name: SheffieldMichael Title: Manager-Business Operations, CMO Date: 5/2/2011 12:28:12 PM Packet Page -652- 5/10/2011 Item 16.0.3. 5/10/2011 Item 16.0.3, AGREEMENT FOR CRIMINAL JUSTICE, MENTAL HEALTH AND SUBSTANCE ABUSE REINVESTMENT GRANT THIS AGREEMENT, made and entered into on this 10th day of May 2011, by and between the Collier County Sheriffs Office, whose business address is 3319 Tamiami Trail E., Naples, Florida 34112, 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 May 10, 2011, and terminating on May 9, 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 the Contractor for the performance of this Agreement a total amount of One Hundred Fourteen Thousand Eight Hundred One and 00/100 Dollars 1$114.801.00) over three (3) years with Thirty Eight Thousand Two Hundred Sixty Seven and 00/100 Dollars 1538.267.00) 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 its designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Page I of6 Packet Page -653- 5/10/2011 Item 16.0.3. 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: Collier County Sheriff's Office 3319 Tamiami Trail E. Naples, Florida 34112 Athl: Kevin Rambosk, Sheriff Phone: 239-252-0554 Fax: 239-793-9333 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 Ramsev, 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 partilership between the Counh' and the Conti'actor or to constitute the Conti'actor as an agent of the Counh'. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Conh'actor. Payment for all such permits issued bv the County shall be processed Page 2 of 6 Packet Page -654- 5/10/2011 Item 16.0.3. 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. 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 manner 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. 111e 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. Professional Liability: Coverage shall have limits of $3,100,000 per occurrence and $3,300,000 in aggregate for each member of Contractor's staff involved in completing the Contractor's obligations hereunder. B. Business Automobile Coverage: Coverage with statutory liability limits of $100,000/$200,000 for Bodily Injury and $100,000 for Property Damage. Page 3 of6 Packet Page -655- 5/10/2011 Item 16.0.3. C. Worker's Compensation: Insurance covering all employees meeting statutory limits in compliance with the applicable state and federal laws. 12. LIABILITY. Each party shall be liable for its own actions and negligence to the extent permitted by law. None of the parties entering into this agreement shall be responsible for the acts, omissions, or conduct of the other party's employees while engaged in activities related to performance of activities contained in this agreement. Nothing in this agreement shall be construed to be a waiver of sovereign immunity beyond the provisions contained in 768.25 F1a, Stat. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing, Human and Veteran Services Deparbnent. 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 tile contract as if herein set out verbatim: Insurance Certificate, Scope of Services and Addendum/ Addemia. 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 1Il, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5:nl. Violation of this provision may result in one or more of the following consequences: a. Prohibition bv tlle individual, firm, and/ or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition bv 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 conb'act 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 fullv responsible for complying with the provisions of the Page 4 of6 Packet Page -656- 5/10/2011 Item 16.0.3. Immigration Reform 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. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 20. 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. 21. 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. The negotiation shall be attended by representatives of Contractor with full decision- making authority and by County's staff person with decision-making authority who would make the presentation of any settlement reached during negotiations to County for approval. 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. 22. 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 conti'act. 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 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 Collier County within seven (7) days of the change. 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. Page 5 of6 Packet Page .657- ATTEST: Dwight E. Brock, Clerk of Courts 11\': _n__. Dated: (SEAL) Approved as to form and legal sufficiency: . nn__--:-~ Jerunicr B. ~^,hite ~.~ Assistant COlulty Attonley\j First \Vitness Type/print witness name Second \Yihles::; Tvpejprint wih1ess name Page 60f6 5/10/2011 Item 16.0.3. BOARD OF COUNTY COMMISSIOl\'ERS COLLIER COUl',JTY, FLORIDA By: ""_ Fred W. Coyle, Chairman COLLIER COUNTY SHERIFF'S OFFiCE By: Kevin Rambosk Shc'riff Packet Page -658- 5/10/2011 Item 16.0.3. EXHIBIT" AU 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 Collier County Sheriff's Office, through the Forensic Intensive Reintegration Support Team (FIRST), will plan, implement, or expand initiatives that increase public safety, avert increased spending on criminal 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 justice system. Administrative budget funds have been provided by the grantor agency to pay Housing, Human and Veteran Services' staff expenses. Contractual budget funds will pay the Collier County Sheriff's Office for items such as, but not limited to, one (1) full time Discharge Planner/Reintegration Specialist, personnel and fringe benefits, and supplies relating to risk assessment and program manuals, TIle 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 One Hundred Fourteen TIlousand Eight Hundred One and 00/100 Dollars (5114,801.00). The Consultant shall provide a match of Three Hundred One Thousand Six Hundred Ninety Two and 00/100 Dollars ($301,692.00). The match will be in the form of in-kind services and cash. TIle table below, as approved by the grantor agency, provides line items budgeted by State Funds, Local Match and Total Line Budget. Packet Page -659- 5/10/2011 Item 16.0.3. YEAR ONE OF THREE - BUDGET DETAIL Line Item Description State Funds Local Match Total Line Budget Contractual $38,267.00 $100,564.000 $138,831.00 TOTAL YEAR ONE $38,267.00 $100,564.00 $138,831.00 YEAR TWO OF THREE BUDGET DETAIL Line Item Description State Funds i Local Match Total Line Budget Contractual $38.267.00 ! $100,564.000 $138,831.00 TOTAL YEAR TWO $38,267.00 ! $100,564.00 $138,831.00 YEAR THREE OF THREE BUDGET DETAIL L Line Item Description State Funds ! Local Match Total Line Budget ~ntractua] -- $38.267.00 i $100.564.000 $138,831.00 ---~ i $138,831.00 . TOTAL YEAR THREE 538,267.00 $100,564.00 L TOTAL BUDGET DETAIL Line Item Description Contractual TOTAL . State Fun i 5114,801.00 $114,801.00 ds I Local Match Total Line Budget --i- 5301,692.00 $416,493.00 I $301,692.00 $416,493.00 C. PROTECT WORK PLAN 111e 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 Start i Date End YEAR ONE THROUGH THREE Work Plan , OS/2011 I OS/2014 Collier Countv pro\ridc adlninistrative scr,vices - ! OS/2011 OS/2014 Provide rcintcgrati(~l~.?ervi_ccs I OS/2011 .1 OS/2014 C;1pe.""!s.e_Lein tegra tio_~_"Pecialist_._. ___..._. I - I OS/2011 ! OS/2014 -+- Conduct grant coordin~tion I ----~---_.._-- I OS/2011 OS/2014 -l~Q~~~~an~~__~~L'.~~::i_~'~~_~l}l:}~_~es for prograln planning ! r05/2011 OS/2014 30nduct ~0:':.i.'i.lntcr\'~'11tion Team Training I OS/2011 OS/2014 Collect data and prepare reports Packet Page -660- 5/10/2011 Item 16.0.3. 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 deliverables and payment schedule. Pa ment Schedule Si ned timesheet and evidence of a ment Invoice bill and evidence of avment Packet Page -661-