CN-220000-00CSE.pdf

Centerstone Case Management 1

STATE COURTS SYSTEM

THE TWELFTH JUDICIAL CIRCUIT COURT

PROFESSIONAL SERVICES CONTRACT

THIS CONTRACT is an entered into between the Twelfth Judicial Circuit Court of Florida hereinafter referred to as the “Circuit”, and Centerstone of Florida Inc., hereinafter referred to as the “Contractor” to provide professional services for Desoto Case Management Court.

PART I. SCOPE OF WORK:

A. Background The Twelfth Judicial Circuit created the Desoto Case Management Court and the Contractor will provide outpatient treatment services, case management services and a part-time treatment supervisor.

B. Goals and Objectives The objective of this Contract is to continue to provide services which promote the common interests of health and welfare to participants of the 12th Judicial Circuit Desoto Case Management Court by contracting with certified professionals to provide outpatient counseling services, case management and management oversight from a supervisor.

C. Definitions

1. Financial Consequences Adjustment: Means the adjustment applied to the Contractor’s payment to compensate for performance that did not meet the minimum Performance Accountability Measures.

2. CFSA 22.029, Florida Rules: 910.035(5) Florida Statutes, Supreme Court of FL Admin Order, AOSC22-29.

3. Performance Standards: Means the minimum acceptable standards the Contractor will be held to in the delivery of the services that will allow for full payment.

D. Deliverables In any case assigned by the Court and accepted, the Contractor will provide the services indicated below:

ID # TITLE SPECIFICATIONS

1. Outpatient

Treatment Services

1.1. DESCRIPTION Contractor will provide substance abuse and mental health outpatient treatment services for individuals in the DeSoto Case Management Court. A maximum of 30 participants will be served at any given time.

1.2. PERFORMANCE STANDARDS Contractor will:

1.2.1. Provide one full-time counselor, who must be approved by the presiding judge, dedicated to providing substance abuse and mental health outpatient treatment services for individuals in the DeSoto Case Management Court.

1.2.2. Conduct initial assessments of potential clients.

1.2.3. Provide comprehensive screening and assessments to identify appropriate treatment needs of each individual.

1.2.4. Provide substance abuse and mental health outpatient treatment services for individuals in the program.

1.2.5. Enter appropriate notes in the Court’s Drug Court Case Management System

(DCCM) within three weeks from time of referral or seven days of assessment, whichever occurs first.

1.2.6. Enter appropriate notes in DCCM for counseling sessions within 24 hours of the session.

1.2.7. Provide coverage for this position if it becomes vacant.

1.1. FINANCIAL CONSEQUENCES The Court will impose the following financial penalties on Contractor if Contractor does not meet the relevant performance standards:

1.3.1. For each day that a counselor is not available because the position is vacant or if counseling services are not provided as ordered by the presiding judge, the Court will deduct $250 from the monthly installment due to Contractor.

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1.3.2. If the number of assessments or counseling sessions provided in the Numbers Served Report do not match the data entered into DCCM, the Court will deduct $100 from the monthly installment due to Contractor for every missing entry.

1.3.3. If appropriate notes are not entered into DCCM within the timeframes specified, Contractor will be given one opportunity to correct the behavior.

Any future occurrences will result in a reduction of $100 for each missing entry, deducted from the monthly installment due to Contractor.

2. Case Management Services

2.1. DESCRIPTION Contractor will provide non-clinical assessments of needs and wrap-around referrals and services in Desoto County. This role will also serve as Program Coordinator and be responsible for general oversight and monitoring.

2.2. PERFORMANCE STANDARDS Contractor will:

2.2.1. Provide one full-time case manager, who must be approved by the presiding judge, dedicated to providing non-clinical assessments of needs and wrap-around referrals and services to individuals in the DeSoto Case Management Court.

2.2.2. Provide initial review and evaluation of cases; prepare cases for staffing and court hearings; and collect, enter, maintain and report both program and participant data.

2.2.3. Enter appropriate notes in the Court’s Drug Court Case Management System (DCCM) within 3 business days of evaluation, staffing or court hearing.

2.2.4. Enter appropriate notes in DCCM within 24 hours of providing case management services to client.

2.2.5. Handle a maximum caseload of 30 clients at any given time.

2.2.6. Provide coverage for this position if it becomes vacant.

2.3. FINANCIAL CONSEQUENCES The Court will impose the following financial penalties on Contractor if Contractor does not meet the relevant performance standards:

2.3.1. For each day a Coordinator/Case Manager is not available because the position is vacant, the Court will deduct $250 from the monthly installment due to Contractor.

2.3.2. If the number of assessments or evaluations provided in the Numbers Served Report do not match the data entered into DCCM, the court will deduct $100 from the monthly installment due to Contractor for every missing entry.

2.3.3. If appropriate notes are not entered into DCCM within the timeframes specified, Contractor will be given one opportunity to correct the behavior.

Any future occurrences will result in a reduction of $100 for each missing entry, deducted from the monthly installment due to Contractor.

3. Part-time Treatment Supervisor

3.1. DESCRIPTION Contractor will provide supervision of Desoto Case Management Court Coordinator/Case Manager. This position will also serve as overall program supervisor under the direction of the presiding judge.

3.2. PERFORMANCE STANDARDS Contractor will:

3.2.1. Provide one part-time supervisor to oversee the Coordinator/Case Manager and counselor.

3.2.2. Provide four hours of weekly supervision on-site to review case files, assess clinical skills and assist staff with any clinical issues.

3.2.3. Provide coverage for any position that is vacant.

3.2.4. Enter appropriate notes on the Treatment Court Supervision Monthly Time

Sheet (attachment D).

3.3. FINANCIAL CONSEQUENCES The Court will impose the following financial penalties on Contractor if Contractor does not meet the relevant performance standards:

3.3.1. If Contractor fails to provide four hours of on-site supervision of treatment staff on a weekly basis, the Court may deduct $1,000 from the monthly installment due to Contractor or cancel the agreement and seek the required services elsewhere.

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3.3.2. If Contractor fails to submit Monthly Supervision Time Sheet with appropriate case information, the Court may deduct $1,000 from the monthly installment due to Contractor.

E. Delivery Requirements In any case assigned by the Circuit and accepted by the Contractor, the Contractor will deliver the following:

ID # TITLE SPECIFICATIONS

E-1

Location, Date, and Time

1.1 DESCRIPTION:

Be prepared and ready to perform the services required in Part I.D-1 of this Contract.

1.2 PERFORMANCE STANDARDS:

Must be present and ready to perform the services required at the date, time, and location specified on the assignment 100% of the time.

1.3 FINANCIAL CONSEQUENCE ADJUSTMENTS

Any work performed that is not 100% in compliance with the standards set

1.2 will not be eligible for payment unless the cause was no vault of the Contractor. Both the compliance and fault determinations will be made by presiding judge or Trial Court Administrator.

E-2

Numbers Served Report & Supervisor Monthly Timesheet

2.1 DESCRIPTION:

Contractor will provide a monthly completed Numbers Served Report and Supervisor Monthly Timesheet to measure whether the performance standards are met, to the Contract Manager along with the invoice by the 15th of the following month.

2.2 PERFORMANCE STANDARDS:

The Contractor will provide the reports every month using the template in Attachment D.

2.3 FINANCIAL CONSEQUENCE ADJUSTMENTS

If the Contractor fails to provide the reports any month, the Contractor will be given 5 additional days to provide it. If not provided by the 20th of the month, the Court will deduct $500 from the monthly installment due to the Contractor.

F. Inspection and Acceptance The inspection of the Contractor’s performance of any Deliverable will be conducted on an “exceptions” basis.

Unless a complaint is filed by or on behalf of the presiding judge in the case or one of the parties to the case, it will be presumed that the Contractor is performing according to the terms of this Contract and the Florida Rules, that the minimum performance levels have been met and the delivered services will be accepted on the condition that acceptance may be revoked if a complaint is filed at a later date.

G. Performance The Contractor will provide a qualified professional to serve as an expert witness who will:

1. Deliver the services required under this Contract at the direction of the Circuit.

2. Provide written or verbal notice of any conflicts of interest that arise before or during the performance of the services and immediately withdraw from the case and advise the Chief Judge or their designee.

3. Adhere to the Code of Judicial Conduct.

4. Immediately notify the Circuit in the event of any complaints, investigations, or other issues with licensing authority.

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PART II. COMPENSATION:

The Parties Agree:

A. Delivery, Inspection, Acceptance and Cancellation

1. The Contractor will deliver the goods and services in accordance with Part I of the Contract.

2. In accordance with section 215.422(1), Florida Statutes, unless specified otherwise in the Scope of Work, the

Circuit will have five (5) business days to inspect the goods or evaluate the services provided to ensure they meet the terms and conditions of the Contract, including compliance with the minimum performance standards established for each good or service.

3. The Circuit may accept, reject, or conditionally accept a good or service. A decision to reject or conditionally accept will be provided to the Contractor in writing at the end of the inspection period. The rejection of any good or service will contain a detail of the deficiencies that prevent acceptance and the time allowed for cure and resubmission, if practicable. If it is determined that conditionally accepting a good or service that does not meet the terms and conditions of the Contract, including failure to meet the minimum performance standards, is in the best interest of the Circuit, the price for the good or service will be adjusted according to the financial consequences specified for the good or service. The Circuit cannot pay full price for any good or service that fails to meet the terms and conditions of the Contract.

B. Contract Payment

1. That all payments will be made in accordance with the provisions of section 215.422, Florida Statutes. If payment is not available within forty (40) days, measured from the date a properly completed invoice is received by the Circuit, a separate interest penalty, which will be the same interest rate as set by the Chief Financial Officer pursuant to section 55.03, Florida Statutes, will be due and payable in addition to the invoice amount.

2. The Contractor will receive payments directly from the Treasury of the State of Florida. Information regarding your financial institution and bank account necessary for EFT payments is provided directly to the Treasury staff at the Florida Department of Financial Services. EFT forms are available online at https://www.myfloridacfo.com/division/aa/vendors/, by emailing DirectDeposit@MyFloridaCFO.com or calling (850)413-5517. NO ONE FROM THE CIRCUIT WILL EVER ASK FOR BANKING AND FINANCIAL

INSTITUTION INFORMATION AND CONTRACTORS SHOULD NEVER PROVIDE THIS INFORMATION

TO ANYONE OTHER THAN THE TREASURY STAFF AT THE DEPARTMENT OF FINANCIAL SERVICES.

C. Invoice

1. The Contractor will submit invoices using the template provided by the Circuit. Invoices that must be returned to the Contractor due to preparation errors will result in a delay in payment.

2. Invoices must be submitted with the following:

2.1 Documentation with sufficient detail for a proper pre-audit or post-audit to support for the expenses invoiced. Documentation may include timesheets, invoices/receipts, task assignment documents, lists of services and dates they were provided, sign-in sheets, attendance logs and copies of any files and records necessary to validate the expense.

2.2 If travel reimbursement is allowed, a properly completed State Courts System Voucher for the Reimbursement of Travel Expenses form(s), together with appropriate supporting documentation reflecting all reimbursable travel completed in the prior month. If travel reimbursement is provided for, the traveler will be considered an “authorized person” as defined in section 112.061(2)(e), Florida Statutes.

The rates and conditions of reimbursement will be the same as those established for employees of the State of Florida, as specified in section 112.061, Florida Statutes, or at such lower rates specified in the in the contract.

2.3 All invoices will be emailed to contractmanager@jud12.flcourts.org.

3. If a minimum standard was not met for any good or service, the Circuit’s Contract Manager will note the deficiency and adjust the invoice according to the financial consequence specified for the good or service. The Circuit cannot pay full price for any good or service that fails to meet the terms and conditions of the Contract.

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D. Final Invoice Process The Contractor will submit the final invoice for the State Fiscal Year (July 1 to June 30) for payment to the Circuit Contract Manager on or before July 10. If the Contractor fails to do so, all rights to payment are forfeited and the Circuit will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this Contract may be withheld until all reports, deliverables, and tasks due from the Contractor pursuant to this Contract and necessary adjustments thereto have been approved by the Circuit.

E. Payment Inquiries and Vendor Ombudsman

1. That issues regarding the inspection, acceptance and payment for goods and services provided under this

Contract will be handled by the Circuit Contract Manager.

2. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s), may be contacted at (850) 413-5516, or by calling the Department of Financial Services Consumer Hotline at 1-800-342-2762.

F. Return of Funds The Contractor will return to the Circuit any overpayments or unearned payment made to the Contractor by the Circuit in error. Should repayment not be made within forty-five (45) calendar days of the notification by the Circuit or discovery by the Contractor, the Contractor will be charged interest at the lawful rate on the outstanding balance.

G. Attorneys’ Fees That in the event litigation relating to this Contract is filed by either party, each will bear its own fees and costs, including attorneys’ fees, resulting from litigation.

H. Professional Fees That the Circuit will not reimburse continuing education, education, professional development, renewal or registration fees.

PART III. GENERAL TERMS AND CONDITIONS

The Contractor Agrees:

A. Records and Retention

1. To establish and maintain books, records and documents (including electronic storage media) as required by

Rule 2.430, Florida Rules of General Practice and Judicial Administration, sufficient to document all work provided to the Circuit under this Contract.

2. To retain, at no additional cost to the Circuit, records and supporting documents pertinent to this Contract for a period of five (5) years after completion of the Contract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records and documents will be retained until resolution of the audit findings or any litigation which may be based on the terms of this Contract.

3. Upon demand and at no additional cost to the Circuit, the Contractor will facilitate the duplication and transfer of any records or documents in an electronic format during the required retention period.

B. Audits, Inspections, Investigations and Monitoring

1. To assure that records pertinent to this Contract are available at all reasonable times for inspection, review, copying, or audit by federal, state, or other personnel duly authorized by the Circuit or the State Courts System.

2. To permit persons duly authorized by the Circuit or the State Courts System to interview any clients or employees of the Contractor to assure the Circuit or the State Courts System of the satisfactory performance of the terms and conditions of this Contract.

3. To comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by the Office of the Inspector General (section 20.055, Florida Statutes), and/or the Auditor General of Florida.

4. To include the aforementioned audit, inspections, investigations and record keeping requirements in all subcontracts and assignments.

C. Public Records Access To provide access to public records made or received in accordance with this Contract as required by Article I, section 24 of the Florida Constitution and Rule 2.420, Florida Rules of General Practice and Judicial Administration. Further, the Contractor will maintain the confidentiality of any records that are exempt from disclosure pursuant to Rule 2.420, Florida Rules of General Practice and Judicial Administration. Violation of this section constitutes grounds for the Circuit to immediately terminate the Contract.

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D. Indemnification and Liability

1. To be liable for and indemnify, defend, and hold harmless Circuit and the State Courts System and all of its officers, agents, and employees from all claims, suits, judgments, or damages, including attorneys’ fees and costs, arising out of, in whole or in part, any act, actions, neglect, or omissions by the Contractor, its officers, agents, employee, or subcontractors, including claims made by the Internal Revenue Service, the United States Department of Labor or any person providing services under this Contract arising out of any misrepresentation by the Contractor as to the Contractor’s status as an independent contractor during the performance or operation of this Contract.

2. That its inability to evaluate its liability or its evaluation of liability will not excuse the Contractor’s duty to defend and to indemnify within seven (7) calendar days after notice by the Circuit by certified mail, return receipt requested, or by a reputable courier service. After the highest appeal taken is exhausted, only an adjudication or judgment specifically finding the Contractor not liable will excuse performance of this provision. The Contractor will pay all costs and fees including attorneys’ fees related to these obligations and their enforcement by the Circuit. The Circuit’s failure to notify the Contractor of a claim will not release the Contractor from these duties.

3. For all claims by the Circuit against the Contractor, the Contractor’s liability for direct damages will be the greater of $100,000 or the annual amount of fees charged under this Contract. This limitation of liability will not apply to claims arising under the indemnification paragraph above.

4. No party will be liable to the other for lost profits, lost revenues or lost institutional operating savings.

E. Insurance

1. The Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract, which, at a minimum, shall be as follows:

where required by law, workers’ compensation and employer’s liability insurance per Florida statutory limits covering all employees engaged in any Contract work; commercial liability coverage (including as appropriate professional liability coverage) on an occurrence basis in the minimum amount of $100,000 (defense cost shall be in excess of the limit of liability), naming the Circuit and the SCS as an additional insured. Prior to the Contractor engaging in any travel under this contract, proof of commercial automobile liability insurance coverage, covering all vehicles owned by the business or otherwise used in the Contract work provided under this Contract, with minimum combined limits of $100,000.00, including hired and non-owned vehicles, and $10,000.00 per person medical coverage must be provided.

2. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. The Contract shall not limit the types of insurance Contractor may desire to obtain or be required to obtain by law. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor’s liability and obligations under the Contract. All insurance policies shall be through insurers authorized to write policies in Florida.

F. The Contractor will comply with all applicable state and Federal laws cited in F.S. §394 and 397 et seq., Mental Health and Substance Abuse Services under this contract. Violation of this section constitutes grounds for the Court to immediately terminate the contract. Safeguarding Confidential Information

1. To comply with all applicable state and federal laws, regulations and security controls related to access and use of confidential information regarding a Court case shall be applicable regardless of where the information is maintained. The Contractor will:

1.1. Restrict access to confidential information obtained under this Contract to staff authorized to perform their official duties under this Contract. Access and use of information is authorized only for the purposes described in this Contract. IF THERE IS ANY DOUBT WHETHER DISCLOSURE IS AUTHORIZED, THE INFORMATION MUST NOT BE DISCLOSED. Any issues or questions must be directed to the Circuit’s Contract Manager.

1.2. All Contract terms relating to confidential information and data security apply to the Contractor, the Contractor’s employees, agents, subcontractors and any other person who performs work under the Contract or subcontract.

2. Prior to performing any work under this contract, a Level 1 Screening Standards criminal history records check (meeting the specifications of section 435.03, Florida Statutes) is required for any Contractor, subcontractor, their employees or agents or any other person who performs work under this Contract or its subcontracts.

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G. Confidentiality Breach Reporting and Notification Responsibility That the Contractor is subject to the provisions of section 501.171, Florida Statutes, that requires the reporting and remedies for breach of security related to third-party confidential information, as well as fines of up to $500,000 for failure to report timely.

H. Copyrights and Rights to Products That the Circuit retains exclusive ownership rights to all documents and audio/video recordings produced under this Contract.

I. Publicity That the Contractor will not use the name or seal of the Circuit or any unit of the State Courts System in advertising, publicity or any other promotional endeavor without prior written consent from the Circuit’s Contract Manager in each instance. The Contractor will not represent that any product or service provided by the Contractor has been approved or endorsed by the Circuit or the State Courts System or refer to the existence of this Contract in press releases, advertising or promotional materials distributed to the Contractor’s prospective customers.

J. Lobbying To comply with all applicable lobbying regulations, including sections 11.062 and 216.347, Florida Statutes, which prohibit the expenditure of Contract funds for the purpose of lobbying the Legislature, judicial branch, or a state agency.

K. Independent Capacity of the Contractor The Contractor, in compliance with IRS Publication 1077, it agrees and certifies that it:

1. Is engaged as an independent contractor of the Circuit and will not be considered an employee or agent of the

Circuit, the State Courts System, or the State of Florida.

2. Will act in the capacity of an independent Contractor and not as an officer, employee of the Circuit. Neither the

Contractor nor its agents, employees, subcontractors or assignees will represent to others that it has the authority to bind the Circuit to any contract unless specifically authorized in writing to do so.

3. Will provide the Circuit’s Contract Manager with the names and contact information for all of its agents, employees, subcontractors or assignees who have been employees of the State of Florida or who have received W-2 reportable wages from the State of Florida for a period of at least twelve (12) calendar months immediately preceding the execution date of this Contract. The Contractor will notify the Circuit’s Contract Manager within twenty-four (24) hours if any principal, agent, employee, subcontractor or assignee accepts employment with any governmental entity of the State of Florida during the term of this Contract.

4. Is a bona fide business entity, registered as required by section III.L. of this Contract, is able offer eprofessional services to public or private entities other than the State of Florida, if it was not prohibited to do so by this Contract, as certified on Attachment E.

5. Will, if it uses employees or subcontractors, it deems appropriate, will be liable for all actions of its agents, employees, partners, contractors, or subcontractors, if the Contractor chooses to utilize them in performance of the Contractor’s duties under this Contract. The Circuit is not responsible or liable for any pay or expenses of such employees or subcontractors.

6. Understands that this Contract does not create any right to benefits associated with state employment as a result of performing the duties or obligations of this Contract, including, but not limited to: worker’s compensation, retirement, health care, overtime pay, annual or sick leave or any insurance benefits.

7. Will, if it uses employees, make all deductions for social security, withholding taxes, income taxes, garnishment or other court ordered reductions in pay, contributions to unemployment compensation funds and all necessary insurance for the Contractor, the Contractor’s officers, employees, agents, subcontractors, or assignees will be the sole responsibility of the Contractor.

8. Understands that the Circuit is prohibited from and will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial, clerical support or transportation) to the Contractor, its employees or its subcontractors to perform the services and tasks outside of those required under this Contract.

9. Understands that nothing in this Contract precludes the Contractor from contracting with or working for other clients during the term of this Contract. Provided however, that the Contractor will not accept or perform work that would conflict with the Contractor’s obligations under this Contract.

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L. Vendor Registration

1. That the Contractor must complete the following registrations prior to being eligible for payment under the terms and conditions of this Contract:

1. Florida Department of State, Division of Corporations: If the Contractor is doing business in any other capacity than a “sole proprietor,” the Contractor must comply with the registration requirements of Title XXXVI, Florida Statutes, entitled the “Florida Business Corporations Act” and section 865.09, Florida Statutes, entitled the “Fictitious Names Act.” The registered name must be an exact match to the Contractor’s name as it appears on the Contract. http://dos.myflorida.com/sunbiz/

2. Florida Department of Financial Services (DFS): All contractors must submit an IRS Form W9 or Substitute W9 using the name exactly as it appears on the Contract. https://flvendor.myfloridacfo.com/

3. Department of Management Services (DMS), Vendor Portal: Complete a registration on the “MyFloridaMarketplace” system as a vendor. https://vendor.myfloridamarketplace.com/

2. That the Contractor is responsible for maintaining these registrations and must ensure the information is kept current to prevent issues with payment processing. Failure to maintain any of these registrations will result in the Contract’s status to become “inactive.” The Circuit and the State Courts System will not be able to process payments to the Contractor until the status becomes active again. The Circuit will not be liable for any interest or other consequences for payments not made due to an “inactive” vendor status.

M. E-Verify

1. The Contractor shall utilize the United States Department of Homeland Security’s (DHS) E-Verify system

(https://www.e-verify.gov/) to verify the employment eligibility of all new employees hired during the term of the Contract for which the Contractor is providing services to the Circuit.

2. The Contractor shall also include a requirement in all subcontracts that the subcontractor shall utilize the E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor after January 1, 2021, and during the term of the Contract for which the Contractor is providing services to the Circuit.

3. Prior to allowing any subcontractor to provide any services contemplated under this Contract, the Contractor shall provide to the Circuit’s Contract Manager with a copy of the subcontractor’s DHS E-Verify registration, along with an affidavit from the subcontractor stating that the subcontractor does not employ, contract with, or subcontract with any unauthorized aliens.

4. If the Contractor is unable to register to utilize the United States Department of Homeland Security’s (DHS) E- Verify system because they are a sole proprietor with no employees, then the Contractor must complete a registration waiver affidavit certifying the reason for non-registration which must be submitted for approval along with the required signed contractual documents.

5. After the execution of the initial Contract, the Contractor shall provide the Circuit with both the DHS E-Verify registration or registration waiver affidavit and corresponding affidavits for all subcontractors performing services under this Contract, on an annual basis thereafter.

6. Violation of the provisions in this paragraph by the Contractor shall constitute grounds for immediate termination of the contract by the Circuit pursuant to section 448.095(2)(c), Florida Statutes.

7. Pursuant to section 448.095(2)(f), Florida Statutes, the Contractor is liable for any additional costs incurred by the Circuit as a result of the termination of this Contract for a violation of the provisions contained in this paragraph.

N. Non-discrimination Requirements That the Contractor will comply with the Americans with Disabilities Act, the Civil Rights Act of 1964, the Florida Civil Rights Act of 1992, and any other federal or state law that prohibits discrimination on the basis of age, race, religion, color, disability, national origin, marital status, sex or genetic information. The Contractor further assures that all subcontractors, or others with whom it arranges to provide services under this Contract will comply with these requirements.

O. Employment of Illegal Aliens That unauthorized aliens will not be employed or utilized by the Contractor in the performance of this Contract.

The Circuit will consider the employment of unauthorized aliens a violation of section 274A of the Immigration and Nationality Act (8 U.S.C. § 1324a). Such violation will be cause for unilateral cancellation of this Contract by the Circuit.

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P. Criminal History Records Checks A Level 1 Screening Standards criminal history records check (meeting the specifications of section 435.03, Florida Statutes), is required for any Contractor or any contractor employee, subcontractor, their employees or agents or any other person who performs work under this Contract, or its subcontracts as outlined in Attachment I.

Q. Corrective Action Plan

1. That should the Circuit identify any deficiency based on Contract requirements, which the Circuit, in its sole discretion, deems to be of significant magnitude, the Circuit may notify the Contractor of the deficiency and of the need to submit a corrective action plan (CAP).

2. That upon such notification, the Contractor will submit a formal written CAP within ten (10) business days of the date of the letter from the Circuit requiring submission of a CAP. The CAP will be sent to the Circuit’s Contract Manager for review and approval determination.

3. That the Circuit will notify the Contractor in writing of the acceptance or unacceptability of the CAP within ten

(10) business days of receipt of the CAP. If the CAP is unacceptable, the Circuit will provide a written statement identifying in reasonable detail, why the Circuit believes the CAP will not result in correction of the cited deficiencies. The Contractor will have twenty (20) business days from receipt of the rejection letter to submit a revised CAP or letter of explanation.

4. That upon acceptance of the CAP, the Contractor will have at the discretion of the Circuit, up to sixty (60) calendar days to implement and successfully complete the agreed upon CAP. Acceptance of the CAP by the Circuit does not guarantee the implementation will result in elimination of future deficiencies.

5. That the CAP will remain in effect until all deficiencies are corrected. Updates on the status of the plan will be required as reasonably determined by the Circuit’s Contract Manager.

6. That the Contractor’s failure to respond to a request for a corrective action plan or failure to meet the corrective action plan may result in termination of the Contract, pursuant to the process set forth in section IV.G.3. The Circuit reserves the right to exercise other remedies as permitted by law.

R. Cooperative Purchasing That other entities of the Judicial Branch, other State agencies, county governments, city governments and political sub-divisions may be allowed to procure goods or services from this Contract at the terms and conditions noted herein, subject to the agreement of the Contractor. Such contracts will be considered independent contracts between the entity and the Contractor. The Circuit, the State Court System and the Office of the State Court Administrator will not be a party to such contract unless such entity agrees to be part of the contract.

PART IV. THE CONTRACT DOCUMENT

The Parties Agree:

A. Effective and Ending Dates This Contract will begin on 7/1/2023 and will end at midnight, Eastern Time, on 7/1/2026, unless terminated earlier according to the provisions of section IV.G. of this Contract.

B. Availability of State Funds The State of Florida's performance and obligation to pay under this Contract is contingent upon the funds appropriated annually by the Legislature and allocation by the Chief Justice.

C. Governing Law This Contract is executed and entered into in the State of Florida, and will be construed, performed and enforced in all respects in accordance with Florida law. Venue will be Desoto County Florida.

D. Contract Amount This is a “no-ceiling rate agreement.” The Contract sets the rates for the work, should work be required, but is not a guarantee of work. The value of this Contract is the amount earned by the Contractor through the completion of accepted assignments.

E. Renewal That upon mutual written agreement, the Circuit and the Contractor may renew the Contract for a period that may not exceed three (3) years or the term of the original Contract, whichever period is longer. The renewal may be divided into increments, may be for a complete term, or any combination thereof. The renewal is contingent upon satisfactory performance evaluations.

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F. Suspension of Work The Circuit may, in its sole discretion, suspend any or all activities under this Contract, at any time, when it is in the best interest of the Circuit to do so. The Circuit will provide the Contractor written notice outlining the particulars of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and must not accept any additional work. Suspension of work will not entitle the Contractor to any additional compensation except for work already performed.

G. Termination That the Contract may be terminated:

1. By either party without cause upon no less than a thirty (30) calendar days’ notice in writing to the other party unless a longer or shorter time is mutually agreed upon in writing.

2. Due to a lack of funding, upon no less than a twenty-four (24) hours’ notice in writing to the Contractor. The

Circuit will be the final authority as to the availability and adequacy of funds.

3. For the Contractor’s material breach by providing three (3) calendar days’ notice in writing. The provisions herein do not limit the Circuit’s right to remedies at law or in equity.

H. Renegotiations or Modifications

1. That modifications of provisions of this Contract will be valid only when they have been reduced to writing and duly signed by both parties.

2. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level changes and changes in the rate of payment when these have been established through the administrative order, statute changes or the annual appropriations process and subsequently identified in the Circuit’s operating budget.

3. That the parties agree to renegotiate this Contract if revisions of any applicable law, rule, regulation or court order make changes in this Contract necessary. The Contractor agrees to be bound by such changes from the effective date of the change.

I. Assignments and Subcontracts

1. The Contractor may not assign the responsibility for this Contract to another party without prior written approval of the Circuit’s Contract Manager which will not be unreasonably withheld.

2. The Contractor will be responsible for all work performed and for all deliverables produced under this Contract whether actually furnished by the Contractor or a subcontractor. Any subcontracts must be evidenced by a written document.

3. That the Circuit will at all times be entitled to assign or transfer its rights, duties, or obligations under this Contract to another governmental entity in the State of Florida, upon giving prior written notice to the Contractor.

J. Execution in Counterparts The Contract may be executed in counterparts, each of which will be an original and all of which will constitute but one and the same instrument. A signed copy of the Contract or counterpart transmitted via facsimile, email, or other electronic means will be deemed to have the same legal effect as delivery of an original executed copy

K. Severability If a court deems any provision of the Contract void or unenforceable, that provision will be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions will remain in full force and effect.

L. Notice That any notice, that is required under this Contract will be in writing and sent by email. Said notice will be sent by the Circuit to the representative of the Contractor responsible for administration of the program, at the designated address on file to the Circuit’s Contract Manager.

Centerstone Case Management 11

M. Official Representatives of the Parties:

1. The official Contractor name as it appears on the State of Florida’s Vendor Records, the official payee to whom the payment is made is:

Name: Centerstone of Florida, Inc.

Email: Melissa.Larkin-Skinner@centerstone.org Phone: 941-782-4632

2. The official representative for the Circuit is the Contract Manager at contractmanager@jud12.flcourts.org.

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Attachment E

CONTRACTOR’S CERTIFICATIONS

I, , a sole proprietor or an authorized representative of my

(company/organization) ______________________________________________, hereby certify the following is true:

1. That the same services being provided to the Twelfth Judicial Circuit under this contract are provided to other clients under a contract or individual transaction basis.

2. That no principal of my company/organization is now or has been an employee of any governmental branch of the

State of Florida for at least twelve (12) consecutive months prior to the execution of this contract.

3. If I am not a sole proprietor using my own legal name on this contract, that I have registered the name on this contract as a fictitious name or the name is the legal name on the Articles of Incorporation for my company/organization filed with the Florida Department of State, Division of Corporations, as required by the Florida Statutes.

4. That I have filed and received an acknowledgment of acceptance of a W9 or Substitute W9 in the exact name as it appears on this contract with the Florida Department of Financial Services (DFS). (A copy of the acknowledgment must be submitted prior to final execution of this contract)

5. That I have received an acknowledgment of successful registration with the My Florida Marketplace/FLAIR systems as a vendor for the State of Florida using the exact name as it appears on this contract. (A copy of the letter providing o you by the MFMP System must be submitted prior to final execution of this contract)

Signature

Sole Proprietor/Authorized Representative

Date

Printed Name

Melissa Larkin-Skinner

Centerstone of Florida, Inc.

Melissa Larkin-Skinner

06/30/2023