Agenda 11/18/2008 Item #16D 9
Agenda Item No. 1609
November 18, 2008
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation that the Board of Connty Commissioners approve and authorize the
Chairman to sign the FY 2008-09 agreement with the David Lawrence Mental Health
Center, Inc. in the amount of $1,055,778.
OBJECTIVE: To obtain Board of County Commissioners' approval and authorization for tbe
Chairman to sign the FY 2008-09 agreement with David Lawrence Mental Health Center, Inc.
CONSIDERATIONS: As mandated by Florida Statutes, Section 394.76(9)(a) and (b), a
commitment has been made to provide funding in the amount of $1,055,778 to the David
Lawrence Mental Health Center, Inc., a provider of behavioral health and substance abuse
programs offered through the David Lawrence Center.
Through a separate agreement between the Agency for Hcaltb Care Administration and the Board
of County Commissioners, the County will contribute $899,300 to the Agency for Health Care
Administration. This amount will be matched through the Low Income Pool program for the
remaining $156,478. The total amount of $1,055,778 will be distributed to the David Lawrence
Center by Physicians Regional Medical Center. The contract period is from October I, 2008
through September 30, 2009.
GROWTH MANAGEMENT: There is no growth management impact from tbis
recommendation.
FISCAL IMPACT: Funding in the amount $899,300 for the service agreement has been
appropriated in the FY 09 budget under the general fund (001). This amount will be
supplemented by Federal funds through the Low Income Pool program for an additional
$156,478.
LEGAL CONSIDERATION: This item has been reviewed by the County Attomey's Office
and is legally sufficient for Board action. - JAK
RECOMMENDATION: Staff recommends that the Board of County Commissioners approve
and authorize the Chairman to sign the agreement with the David Lawrence Mental Health
Center, Inc. in the amount of$I,055,778.
Prepared by: Terri Daniels, Accounting Supervisor, Housing and Human Services Department
Page 1 of I
Agenda Item No. 1609
November 18, 2008
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D9
Recommendation that the Board of County Commissioners approve and authorize the
Chairman to sign the FY 2008~09 agreement with the David Lawrence Mental Health Center,
Inc, in the amount of $1 ,055,778
Meeting Date:
11/18/20089:00:00 AM
Prepared By
Terri A. Daniels
Grants Coordinator
Date
Public Services
Housing & Human Services
10/22/20085:17:12 PM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
10/22/20085:32 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
10/28/20082:12 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/29/2008 2:33 PM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
11/3/20088:17 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
11/3/20083:48 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
11/6120083:56 PM
file://C:\AgendaTest\Export\116-November%20 18,%202008\ 16.%20CONSENT%20AGE... 11/12/2008
Agenda Item No. 16D9
November 18, 2008
Page 3 of 7
AGREEMENT
THIS AGREEMENT entered into this _ day of , 2008 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 Golden Gate Parkway, 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 Lawrence Mental Health, Inc.; and
WHEREAS, the COUNTY wishes to fund mental health and alcoholism semces
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
Depar1ment 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"], 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).
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Agenda Item No. 1609
November 18, 2008
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 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 qUar1erly basis to the COUNTY Human
Services Director by the lOth 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
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Agenda Item No. 1609
November 18, 2008
Page 5 of 7
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 herein shall constitute a breach of this agreement.
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 moD of this Agreement, in accordance
with the approved District Plan.
m. The CENTER and COUNTY mutually agree:
A. The term of this agreement is from October 1, 2008 to September 30,2009.
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.
0, The entire financial obligation of the COUNTY under this Agreement shall not
exceed one million fifty-five thousand, seven hundred and seventy-eight dollars
($1,055,778). The $1,055,778 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. 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.
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Agenda Item No. 1609
November 18, 2008
Page 6 of 7
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 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:
Ifto 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 Lawrence Mental Health Center, Inc.
6075 Golden Gate Parkway
Naples, FL 34116
or to such other address as any party may designate by notice complying with the
terms herein stated.
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Agenda Item No. 16D9
November 18, 2008
Page 7 of 7
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
COLLIER COUNTY HOUSING AND HUMAN
SERVICES
BY:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
Tom Henning, Chairman
Board of County Commissioners
Date: November II. 2008
DAVID LAWRENCE CENTER:
Approved as to form and
legal sufficiency
By:
David Schimmel, Chief Executive Officer
Date: November II. 2008
unty Attorney
o ty
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