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Backup Documents 11/10/2009 Item #16D 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLId. 6 0 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate fOT additional signatures, dates, andlor information needed. If the document is already complete with the excention of the Chairman's simlature, draw a line throup:h routinl1" lines #1 throulJh #4, comnlete the checklist, and f01ward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routino order\ 1. Terri Daniels Housing and Human Services 12/4/09 2. 3. 4. Ian Mitchell, Manager Board of County Commissioners ~ 11.-('6 10') . " / 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INI<'ORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature arc to be delivered to the Bee office only after the Bee has acted to approve the item.' Name of Primary Staff Terri Daniels Phone Number 252-2689 Contact Agenda Date Item was November 10,2009 Agenda Item Number l6D6 Annroved bv the BCC Type of Document Agreement DLC 2009-10 Number of Original 2 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable colul1Ul. whichever is a ro nate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licahle, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCe approval, ~ Some documents are time sensitive and require forwarding to Tallahassee within a certain \- ___ time frame or the BCC's actions are nullified. Be a ar of our deadlines! The document was approved by tbe BCC on I, 'I) (enter date) and all cbanges made during the meeting have been incorporated in t e attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 1. 2. 3. 4. 5. 6. N/A(Not A licable r I: Formsl County Formsl BeC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 160 6 MEMORANDUM Date: December 8, 2009 To: Terri Daniels, Grants Supervisor Human Services Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Agreement 2009-10 Contractor: David Lawrence Center Attached, please find one (1) original as referenced above (Agenda Item #16D6), approved by the Board of County Commissioners on Tuesday, November 10, 2009. Please return any fully executed original documents back to the Minutes & Records Department for the Board's Official Record. If you should have any questions, please call 252-7240. Thank you. 160 6 AGREEMENT THIS AGREEMENT entered into this \~ day of -N J"' , 2009 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 Centcr, Inc., located at 6075 Bathey Lane Naples, FL 34116, hereinafter referred to as the CENTER. WITNESSETH WHEREAS, the COUNTY is desirous of helping financially and has deemed it to be in the public interest to do so for David Lawrcnce Mental Health, Inc.; and WHEREAS, the COUNTY wishes to fund mental health and aleoholism 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: 1. 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"], 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 licensees). 16D 0 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, 1. 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 COUNTY, 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 101h 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 harmless 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 $200,000 per incident or occurrence for personal injury, death, and property damage or any other claims for damages 2 160 6 caused by or resulting from the activities under this Agreement. Such policies of insurance shall name the COUNTY as and 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 hcrein shall constitute a breach of this agrccment. O. Submit to the COUNTY each year a copy of its annual audited financial statements. II. The COUNTY shall: A Reimburse the CENTER quarterly, in advance, at least one-fourth (1/4) of the total allocation for "Operational Funds" approved for the CENTER by the Board of Commissioners as specified in Section lII-D of this Agreement, in accordance with the approved District Plan. III. The CENTER and COUNTY mutually agrce: A The tcrm of this agreement is from October 1, 2009 to September 30, 20 I O. B. This Agreement may be tcrminated 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-five thousand, one hundred and ninety-five dollars ($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 Florida Statutes, Section 394.76(9)( a) and (b). E. Therc will be no discrimination on the basis of race, color, sex, rcligious background or national origin in performance of this Agreement in regard to provisions of service or in regards to employment. 3 160 6 F. No modification, amendments or alterations to the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality, and of equal dignity, herewith. G. The CENTER shall not assign the performance of services called for III 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 and Human Services Director Health and Public Services Building 3301 East Tamiami Trail Naples, FL 34112 If to the CENTER: Chief Executive Officer David Lawrcnce Mental Health Center, lnc, 6075 Bathey Lane Naples, FL 34116 or to such other address as any party may designate by notice complying with the terms herein stated. 4 160 6 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk B~~ A*teIt. as to.CMtr.... , 11tllltrio*i." Approved as to form and legal sufficiency 0~~ Assistant County Attorney Collier County COLLIER COUNTY HOUSING AND HUMAN SERVICES BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA f' 1/ ;' il!) . f 'i: By: '~,.... """..<4..k", Donim Fiala, Chairman Board of County Commissioners Date: November 10, 2009 DAVID LAWRENCE CENTER: By: ,Ie /~~ David Schifnmel, Chief Executive Officer Date: November 10, 2009 Item # (lol) <tl Agenda .. 1_ I 0" Date ~ Dat~ ~ \~ \D~ Reed \!::\-!'r' 5