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Agenda 11/09/2010 Item #10A . EXECUTIVE SUMMARy f ,;"t',l4oii:' Reco"'~.dadon to approve aDd authorize the Chairman to sign the FY 201'''11~ ~ witIt the David Lawrence Mental Health Center, IDe. for theC-tt'fl1~; . . '. . ,d~.' provide""" in the amoUDt of $1,034,195. . ~,'~,,; , ,_v 'l;'~~ , " :l;:t1 .', 'i.:r~~; ~: To obtain Board of County Commissioners' approval and for the ~ to.sign the FY 2010-11 agreement with David Lawrence MalW,. , Center, Inc. . , . CONsmIB4DON~:As m~tted by, Section 394.76(9Xa) and (b), Florida Statutes the Collier County Board of Commissioners bas made a commitment to provide funding in the amount of $1,034,19S .to the David Lawrence Mental Health Center, Inc., a provider of behavi~ health -.d substance abuse programs offered through the David Lawrence Center. . .'" . Through a separate agreement between the Agency for Health Care Administration and the Board of County Commissioners, the County will contribute $899,300 to the Agency for Health Care Administration. This attlOunt will be matched through the Low Income Pool (LIP) program for the rem~ning $134,895. The total amount of$I,034,I95 will be distributed to the David Lawrence Center. The contract period is from October 1, 2010 through September 30, 2011. GROWTH MANAGEMENt: There is no growth management impact from this recommendation. FISCAL IMPACT: Funding in the amount $899,300 for the service agreement has been appropriated in the FY 11 budget under the general fund (001). This amount will be supplemented by Federal funds through the Low Income Pool program for an additional $134,895. LEGAL CONSIDERATION: This item has been reviewed by the County Attorney's Office and is legally sufficient for Board action. - CMG RECOMMEND~nON: Staff,recommends that the Board of County Commissioners approve and authorize the a.".itp.aJ;1 to sign the agreement with the David Lawrence Mental Health Ceder, Inc.., Co,t". the County to provide funding in the amount of $1,034,195. ' Prepared by: Terri D~~ting Supervisor Housing.;:""and Veteran Services Department ,,' '"~ :~!:~~:l}:' , i"~..;;~:fF i . . . . Item Number: Item Summary: Meeting Date: Agenda Item No. 10A November 9,2010 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10A Recommendation to approve and authorize the Chairman to sign the FY 2010-11 Agreement with the David Lawrence Mental Health Center, Inc. for the County to provide funding in the amount of $1 ,034,195. (Marla Ramsey, Public Services Administrator) 11/9/20109:00:00 AM Prepared By Terri A. Daniels Public Services Division Supervisor - Accounting Date Human Services 10/21/201011:56:19 AM Approved By Marcy Krumbine Public Services Division Director - Housing & Human Services Date Human Services 10/21/20101:56 PM Approved By Colleen Greene County Attorney Assistant County Attorney Date County Attorney 10/21/20102:35 PM Approved By Kathy Carpenter Public Services Executive Secretary Date Public Services Admin. 10/21/20103:55 PM Approved By Marla Ramsey Public Services Division Administrator - Public Services Date Public Services Division 10/25/2010 11 :07 AM Approved By OMB Coordinator County Manager's Office Date Office of Management & Budget 10/25/2010 12:10 PM Approved By Sherry Pryor Office of Management & Budget ManagementJ Budget Analyst, Senior Date Office of Management & Budget 10/26/201012:06 PM Approved By Jeff Klatzkow County Attorney Date Approved By 10/28/20102:29 PM Mark Isackson Office of Management & Budget Management/Budget Analyst, Senior Date Office of Management & Budget 10/29/20103:05 PM November 9,2010 Page 3 of 7 AGREEMENT THIS AGREEMENT entered into this _ day of ,2010 at Naples, Collier County, Florida, by and between the Board of County Commissioners, Collier County, Florida, hereinafter referred to as the COUNTY, and the David Lawrence Mental Health Center, Inc., located at 6075 Bathey Lane Naples, FL 34116, hereinafter referred to as the CENTER WITNESSEm WHEREAS, the COUNTY is desirous of helping financially and has deemed it to be in the public interest to do so for David Lawrence Mental Health, Inc.; and WHEREAS, the COUN1Y wishes to fund mental health and alcoholism servICes provided by the CENTER as it is authorized to do so under its government; and WHEREAS, the CENTER has contracted with the State of Florida, Department of Children and Families to act as a provider of mental health and substance abuse services as described by the approved District 8 Mental Health and Substance Abuse Plan of the Florida Department of Children and Families. NOW, THEREFORE, in consideration of the mutual undertaking and agreements hereinafter set forth, the COUNTY and CENTER agree as follows: I. The CENTER shall: A Provide mental health and alcoholism services consistent with the approved Florida Department of Children and Families District 8 Mental Health and Substance Abuse Plan ["District Plan'1, incorporated herein by reference, and shall do so in compliance with all state, federal and local laws and ordinances and regulations. B. Serve as an independent contractor, not an agent or employee of Collier County, for the transportation and care of patients restrained pursuant to the Florida "Baker Act," Florida Statutes, Chapter 394.451, et seq., adhering to all regulatory and legal requirements of said act, Rule IOE-5.040, F, of the Florida Administrative Code and all other pertinent laws, rules and regulations. C. Provide detoxification services consistent with the approved District Plan. D. Provide these services within the boundaries of the COUNTY, Florida. E. Possess, maintain and keep current all necessary license(s). I November 9, 2010 Page 4 of 7 . F. Adhere to all conditions applicable to the administration of mental health funds pursuant to Florida Statutes, Chapter 394.451, et seq., and the administrative rules attendant thereto. G. Maintain adequate financial records and reports relating to all funds paid by the COUNTY under this Agreement. H. Maintain books, records, documents and other evidence of accounting procedures and practices that fully and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement and paid for with COUNTY funds. I. Maintain adequate fiscal accounting procedures for the audit or review of any expenditures, as requested by the COUNTY from time to time. J. Allow, upon request the inspection, review or audit of its fiscal records by COUNTY personnel upon request by COUN1Y. K.. Collect fiscal and operational statistical data pertaining to the care and treatment of all patients served and funded by the COUNTY on a regular basis and deliver these written fiscal statistical reports on a quarterly basis to the COUNTY Human Services Director by the 10rb day of the month immediately following the preceding quarter. . L. Submit payroll records and activity data to the COUNTY Housing and Human Services Director on a quarterly basis in order that the disbursement of COUNTY funds to reimburse the CENTER for such expenditures shall be in accordance with the pre-auditing and accounting procedures on the part of the Board of County Commissioners as mandated by Sections 129.08 and 129.09, Florida Statutes. M. Retain all books, records and other documents relative to this Agreement for three (3) years after final payment. N. Acting as an independent contractor and not as an employee of the COUNTY in operating aforementioned services, the CENTER shall be liable for, and shall indemnify, defend, and hold the COUNTY, State and Federal Government hannless from and against all claims, suits, judgments, damages, losses and attorney's fees and expenses arising from its operations and provision of the aforementioned services during the course of this agreement During the term of this agreement the CENTER shall procure and maintain liability insurance coverage. The liability insurance coverage shall be in amounts not less than $1,000,000 per person and $2,000,000 per incident or occurrence for personal injury, death, and property damage or any other claims for damages . 2 November 9,2010 Page 5 of 7 caused by or resulting from the activities under this Agreement. Such policies of insurance shall name the COUNTY as an additional insured. The CENTER shall submit written evidence of having procured all insurance policies required herein no later than 10 days after the effective date of this Agreement and shall submit written evidence of such insurance policies to the COUNTY Housing and Human Services Director and to the COUNTY's Risk Management office. The CENTER shall purchase all policies of insurance from a financially responsible insurer duly authorized to do business in the State of Florida. The CENTER shall be financially responsible for any loss due to failure to obtain adequate insurance coverage and the failure to maintain such policies or certificate in the amounts set forth herein shall constitute a breach of this agreement. O. Submit to the COUNTY each year a copy of its annual audited financial statements. n. The COUNTY shall: A Provide $899,300 to the Agency for Health Care Administration (AHCA) for the purpose of funding the Low Income Pool (LIP) program, and AHCA will provide matching funds in the amount of$134,895. B. Work with the Agency for health Care Administration (AHCA) and Physicians Regional Medical Center (pRMC) to ensure that quarterly payments are made to DLC in advance, at least one-fourth (1/4) of the total allocation for "Operational Funds" approved for the CENTER by the Board of County Commissioners as specified in Section ill-D of this Agreement, in accordance with the approved District Plan. C. The total contribution to DLC is $1,034,195. If AHCA is unable to provide the full match funding ($134,895), Collier County may provide supplemental funds to ensure that the total contribution is available, subject to the availability of Collier County's funds. III. The CENTER and COUNTY mutually agree: A The term of this agreement is from October 1, 2010 to September 30, 2011. B. This Agreement may be terminated by either party upon thirty (30) days prior notice in writing to the other party. C. This Agreement is subject to an annual item of appropriation contained in the annual County budget. D. The entire financial obligation of the COUNTY under this Agreement shall not exceed one million thirty-four thousand, one hundred and ninety-five dollars 3 . ($1,034,195), subject to the availability of funds. The $1,034,195 includes the funding for all Operational costs, including transportation of Baker Act participants. The matching funds shall come from local sources and shall be utilized as part of the matching requirements of Section 394.76(9)(a) and (b), Florida Statutes. E. There will be no discrimination on the basis of race, color, sex, religious background or national origin in performance of this Agreement in regard to provisions of service or in regards to employment F. No modification, amendments or alterations to the terms or conditions contained herein shall be effective unless contained in a written document and fully executed by both parties. G. The CENTER shall not assign the performance of services called for In the Agreement without the written consent of the COUNTY. H. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing addressed to: If to the COUNTY: . Collier County Housing, Human and Veteran Services Director Health and Public Services Building 3301 East Tamiami Trail Naples, FL 34112 If to the CENTER: Chief Executive Officer David Lawrence Mental Health Center, Inc. 6075 Bathey Lane Naples, FL 34116 or to such other address as any party may designate by notice complying with the terms herein stated. . 4 November 9,2010 Page 7 of 7 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. AITEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Fred W. Coyle, Chairman Board of County Commissioners Date: November 9.2010 DAVID LAWRENCE CENTER: Approved as to form and legal sufficiency By: @Sistant County Attorney Collier County David Schimmel, Chief Executive Officer . Date: November 9. 2010 5