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Agenda 12/12/2017 Item #16D 912/12/2017 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign an Agreement with David Lawrence Mental Health Center (DLC) in the amount of $360,008 to operate a post-adjudication, court-supervised, substance abuse treatment program known as the Collier County Drug Court Program. OBJECTIVE: To approve and authorize an Agreement with DLC to operate the Collier County Drug Court Program. CONSIDERATIONS: On March 28, 2017, Agenda Item# 16D4, the Board of County Commissioners (Board) approved the submission of an application for participation in the Adult Drug Court Discretionary Grant Program: Enhancement. The program is funded through the U.S. Department of Justice, Bureau of Justice Assistance (BJA) through Grant# 2017-DC-BX-0053. Collier County proposed enhancing a post- adjudication, court-supervised, substance abuse treatment program. Subsequently, on November 14, 2017, Agenda Item# 16D22, the Board executed a grant agreement with the U.S. Department of Justice to receive $400,000 in federal funds. As a condition of the award, the Drug Court Team, including DLC, shall provide a $163,380 match. Matching funds will come from participant fees and in-kind services generated by the Drug Court Team while operating the program. The application submitted February 23, 2017, by Collier County proposed an initiative that will enhance the collaboration of the Drug Court Team, including Judge Janeice Martin, DLC, Court Administration, State Attorney, Public Defender Office, and the Sheriff’s Office Department of Corrections. Collier County Community and Human Services Division, will act as the fiscal agent and manage this grant. The Agreement between Collier County and DLC will allow the non-profit agency to begin operation of the program as outlined and approved in the application submitted to the U.S. Department of Justice, BJA. The Program will target adults 18 and over who have not been charged with a violent drug-related felony offense; are substance dependent and are at risk of failing in less intensive rehabilitation programs. FISCAL IMPACT: The proposed actions described in this executive summary have no new fiscal impact. The funding source for this grant award is the BJA Adult Drug Court Discretionary Grant Program. This project is budgeted in the Human Services Grant Fund (707), Drug Court Project No. 33540. The Drug Court programs require a 25% match or $163,380, which will be funded by DLC. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action -JAB RECOMMENDATION: To approve and authorize the Chairman to sign an Agreement with David Lawrence Mental Health Center (DLC) in the amount of $360,008 to operate a post -adjudication, court- supervised, substance abuse treatment program known as the Collier County Drug Court Program. Prepared By: Tom Calderon, Grant Coordinator, Community and Human Services Division 12/12/2017 ATTACHMENT(S) 1. Final DLC Stamped by Legal (PDF) 12/12/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.9 Doc ID: 4212 Item Summary: Recommendation to approve and authorize the Chairman to sign an Agreement with David Lawrence Mental Health Center (DLC) in the amount of $360,008 to operate a post- adjudication, court-supervised, substance abuse treatment program known as the Collier County Drug Court Program. Meeting Date: 12/12/2017 Prepared by: Title: – Community & Human Services Name: Tomas Calderon 11/14/2017 10:49 AM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 11/14/2017 10:49 AM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 11/14/2017 2:51 PM Public Services Department Kimberley Grant Additional Reviewer Completed 11/20/2017 6:38 PM Procurement Services Tomas Calderon Additional Reviewer Skipped 11/21/2017 8:24 AM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 11/21/2017 9:57 AM Community & Human Services Kristi Sonntag Additional Reviewer Completed 11/28/2017 2:26 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 11/28/2017 2:42 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 11/28/2017 3:45 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 11/29/2017 3:44 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 11/30/2017 10:55 AM Grants Erica Robinson Level 2 Grants Review Completed 11/30/2017 3:21 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/30/2017 3:35 PM Grants Therese Stanley Additional Reviewer Completed 12/01/2017 2:45 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/01/2017 4:28 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/02/2017 12:42 PM Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM FAIN # 2017 -DC -BX -0053 Federal Award Date 9/23/2017 Federal Award Agency Department of Justice CFDA Name Drug Court Discretionary Grant Program CFDA/CSFA# 16.585 Total Amount of Federal Funds Awarded $360,008 Subrecipient Name David Lawrence Mental Health Center, Inc. DUNS# 096580782 FEIN# 59-2206025 R&D No Indirect Cost Rate No Period of Performance 10/01/2017-9/30/2020 Fiscal Year End 6/30 Monitor End: 12/2020 AGREEMENT BETWEEN COLLIER COUNTY AND DAVID LAWRENCE MENTAL HEALTH CENTER, Inc. (dba as) DAVID LAWRENCE CENTER THIS AGREEMENT, made and entered into on this day of 20___, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and David Lawrence Mental Health Center, Inc. (SUBRECIPIENT), having its principal office at 6075 Bathey Lane, Naples, Florida 34116. STATEMENT OF WORK. The SUBRECIPIENT shall provide services in accordance with the Scope of Work, provided in Part I, and the COUNTY's application submitted to, and approved by, the U.S. Department of Justice — Bureau of Justice Assistance (BJA), 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 SUBRECIPIENT and the COUNTY, in compliance with Collier County's Administrative Procedures and Department of Justice (DOJ) requirements, in effect at the time such services are authorized. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: David Lawrence Center Department of Justice Adult Drug Court Page 1 PART I SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing DOJ assistance, as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Drug Court Discretionary Grant Program Description of project and outcome: This Program will target a population of person, 18 years and over, who have been arrested and charged, in accordance with Part IV, Section 4.23, and are substance dependent and at risk of failing in less intensive rehabilitation programs. Participants shall receive case management, treatment, drug testing and incidental expenses. If needed, participants have access to a full array of Medication Assisted Treatments at either the primary treatment provider, David Lawrence Center, the local methadone clinic or other community providers. 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed implementation schedule for the implementation of the project. B. The following resolutions and policies must be adopted by the SUBRECIPIENT's governing body within sixty (60) days of this agreement: ® Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ® Procurement Policy ® Sexual Harassment Policy ® Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) ® Fraud Policy ® Violence Against Women ® Equal Access for Transgender Persons Policy C. Environmental Review Requirement (ERR) — N/A No program costs can be incurred until an environmental review of the proposed project is completed and approved by CHS. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to receiving a CHS Notice to Proceed (NTP) letter. Violation of this provision will result in in the denial of any reimbursement of funds under this Agreement. David Lawrence Center Department of Justice Adult Drug Court Page 2 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Personnel $111272.00 Training & Travel $ 14,179.00 Su lies & Incidentals $234,557.00 Total Federal Funds: $360,008.00 Match Funds $163,380.00 Match funds shall be provided by the SUBRECIPIENT and are required to be submitted throughout the term of the grant period. The amount of match submitted is not required to be commensurate or proportionate to the amount of the pay request. The SUBRECIPIENT will accomplish the following checked project tasks: ® Maintain and provide to the COUNTY, as requested, beneficiary documentation ® Provide Quarterly Reports on project progress ® Required attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS. ® Identify Lead Point of Contact/Manager for the project. ® Ensure project sites are Section 504/ADA accessible B. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1agreement agreement execution Insurance Insurance Certificate Within 30 days of agreement Exhibit A execution and Annually within thirty 30 days of renewal Detailed project implementation Project Schedule Within sixty (60) days of schedule agreement execution Submission of Progress Report Exhibit C Quarterly reports. Financial and Compliance Audit Exhibit D Annually, nine (9) months for Single Audit OR one hundred ei h 180 days after FY end Program Income General Ledger reports Quarterly, along with request identifying project revenue and for payment expenses Drug Court Policies and Policy and Procedure Manual 6/30 and updates per occurrence Procedures David Lawrence Center Department of Justice Adult Drug Court Page 3 C. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Personnel Submission of supporting documents Monthly must be provided as backup, as evidenced by timesheet, payroll register, check stubs, bank statements, and any other additional documentation, as requested. Exhibit B Project Component 2: Travel and Submission of supporting documents Monthly Training must be provided as backup, as evidenced by training agenda, check stubs, bank statements, and any other additional documentation as requested. Exhibit B Project Component 3: Incidentals Submission of supporting documents Monthly and Supplies must be provided as backup, as evidenced by invoices, check stubs, bank statements, and any other additional documentation, as requested. Exhibit B Match Match documentation along with No less than quarterly supporting documents and Exhibit B-1 1.3 PERIOD OF PERFORMANCE Services of the SUBRECIPIENT shall start on October 1, 2017 and shall end on September 30, 2020. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available Three Hundred Sixty Thousand and Eight 00/100 Dollars ($360,008.00 and the SUBRECIPIENT is permitted to submit for expenses incurred from October 1, 2017 forward) for use by the SUBRECIPIENT, during the term of the agreement (hereinafter, shall be referred to as the "Funds"). The SUBRECIPIENT shall also submit match, in the amount of One Hundred Sixty -Three Thousand Three Hundred Eighty and 00/100 Dollars ($163,380). Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10% of the total funding amount. The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon complete or partial completion of the work tasks as accepted and approved by the Community and Human Services (CHS) Division. The SUBRECIPIENT may not request disbursement of DOJ funds until funds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. David Lawrence Center Department of Justice Adult Drug Court Page 4 SUBRECIPIENT may not request disbursement of DOJ funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end of the agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grants management rules for cost allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section (Section 1.5 -Cost Principles) of this agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the SUBRECIPIENT shall follow 2 CFR Subpart E -Cost Principles. The SUBRECIPIENT 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. David Lawrence Center Department of Justice Adult Drug Court Page 5 1.6 NOTICES Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Tom Calderon, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: tomascalderon@colliergov.net Telephone: (239) 252-4220 SUBRECIPIENT ATTENTION: Scott Burgess, Chief Executive Officer 6075 Bathey Lane Naples, Florida 34116 Email: scottb@dlcmhc.com Telephone: (239) 354-1425 David Lawrence Center Department of Justice Adult Drug Court Page 6 II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the agreement for review, inspection or audit. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning SUBRECIPIENT audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F -Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records, in accordance with DOJ requirements to determine compliance with the requirements of this agreement, the BJA Drug Court Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: A. All records required by DOJ regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time, upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this agreement. David Lawrence Center Department of Justice Adult Drug Court Page 7 D. Upon completion of all work contemplated under this agreement, copies of all documents and records relating to this agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed, in writing, if an agency ceases to exist after closeout of this agreement of the address where the records are to be kept, as outlined in 2 CFR 200.336. The SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the public agency. E. The SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. SUBRECIPIENT will be responsible for the creation and maintenance of eligibility files on clients served and documentation that persons served were eligible under the DOJBJA requirements. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. SUBRECIPIENT shall document how the eligibility requirement(s) under which funding has been received, have been met. These also include DOJ special considerations, and reporting requirement. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit D) to the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for SUBRECIPIENT's exempt from Single Audit), after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. David Lawrence Center Department of Justice Adult Drug Court Page 8 SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on-site visit. The continuation of this agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or DOJ to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or DOJ to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or DOJ. COUNTY will monitor the performance of the SUBRECIPIENT to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards, as stated, with all other applicable laws, regulations, and policies governing the funds provided under this agreement further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide DOJ, the DOJ Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this agreement. 2.4 PREVENTION OF FRAUD AND ABUSE SUBRECIPIENT shall establish, maintain and utilize internal systems and procedures sufficient to prevent, detect and correct incidents of waste, fraud and abuse in the performance of this Agreement and to provide for the proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events are to be clearly documented and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all its records, employees and agents for monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate and prevent waste, fraud and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. David Lawrence Center Department of Justice Adult Drug Court Page 9 In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by SUBRECIPIENTs, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. • Any pay requests that have been submitted to the Division for payment will be held, until the corrective action plan has been submitted. CHS will be available to provide Technical Assistance (TA) to the entity, as needed, to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Division, the Division may require a portion of the awarded grant amount be returned to the Division. • The County may require upwards of five percent (5%) of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. • The entity may be considered in violation of Resolution No. 2013-228 If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by the Division of their substantial non-compliance by certified mail; the Division may require a portion of the awarded grant amount or the amount of the DOJ investment for acquisition of the properties conveyed, be returned to the Division. • The Division may require upwards often percent (10%) of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. • The entity will be considered in violation of Resolution No. 2013-228 If in the case after repeated notification the Entity continues to be substantially non- compliant, the Division may recommend the contract or award be terminated. • The Division will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the COUNTY for the David Lawrence Center Department of Justice Adult Drug Court Page 10 project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of the properties or other activities. • The entity will be considered in violation of Resolution No. 2013-228 If in the case the Entity has multiple agreements with the Division and is found to be non- compliant, the above sanctions may be imposed across all awards at the BCC's discretion. 2.6 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this agreement, and on the resolution of monitoring findings identified pursuant to this agreement, as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July and October, respectively, for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit "C". Exhibit "C" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee, in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this agreement. David Lawrence Center Department of Justice Adult Drug Court Page 11 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgement. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with all DOJ, BJA, Drug Court Program requirements, and Drug Court Program Application provisions. The SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this agreement, at any time, provided that such amendments make specific reference to this agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this agreement, nor relieve or release the Grantee or SUBRECIPIENT from its obligations under this agreement. The COUNTY may, in its discretion, amend this agreement to conform with Federal, State or Local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this agreement, such modifications will be incorporated only by written amendment, signed by both Grantee and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from BJA grant funds from DOJ and must be implemented in full compliance with all of DOPs rules and regulations and any agreement between COUNTY and DOJ governing BJA/Drug Court funds pertaining to this agreement. In the event of curtailment or non -production of said federal funds, or the reduction of funds awarded by DOJ to Collier County, to a level, determined by the County Manager, to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all David Lawrence Center Department of Justice Adult Drug Court Page 12 or any portions of the funds will not be available. In either event, the COUNTY may terminate this agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue there -on. This Indemnification shall survive the termination and/or expiration of this agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of termination of this agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF JUSTICE (DOJ) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DMSION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team, as well as Equal Housing Opportunity, to the public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS, REMEDIES, AND TERMINATION This agreement may also be terminated for convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective David Lawrence Center Department of Justice Adult Drug Court Page 13 date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this agreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and DOJ guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this agreement; C. Ineffective or improper use of funds provided under this agreement; D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this agreement; G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this agreement, the COUNTY may seek any combination of one or more of the following remedies: A. Require specific performance of the agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all grant funds that SUBRECIPIENT has received under this agreement; D. Apply sanctions, if determined by the COUNTY to be applicable; E. Stop all payments, until identified deficiencies are corrected; F. Terminate this agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this agreement. David Lawrence Center Department of Justice Adult Drug Court Page 14 3.9 REVERSION OF ASSETS In the event of a termination of this agreement and in addition to all other remedies available to the COUNTY (whether under this agreement or at law or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of DOJ funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. 3.9 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until all insurance required, as outlined in Exhibit "A" and 2 CFR 200.310, has been obtained, and said insurance shall be carried, at all times, during SUBRECIPIENT's performance under the agreement. 3.10 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work, the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Department of Justice, Bureau of Justice Assistance, and the Collier County Adult Drug Court Enhancement Grant provisions. 3.11 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318 through .326) and Collier County's purchasing thresholds. Range: Competition Required -$0-$3,000 1 Verbal Quote $3,000 - $10,000 3 Verbal Quotes $10,000 - $50,000 3 Written Quotes $50,000+ Bids, Pro osals, Contracts ITB RFP, etc All improvements specified in the Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding, under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.12 PROGRAM GENERATED INCOME Program Income is anticipated. Program Income derived from the use of DOJ funds disbursed David Lawrence Center Department of Justice Adult Drug Court Page 15 under this agreement, shall be retained by the SUBRECIPIENT for use in the Drug Court Grant Program. Any "Program Income" (as such term is defined under applicable Federal regulations), gained from any activity of the SUBRECIPIENT funded by DOJ funds, shall be reported to the COUNTY and utilized by the SUBRECIPIENT, in compliance with 2 CFR 200.307, in the operation of the Program. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY. 3.13 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the COUNTY after the after the expiration of the Agreement. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343. 3.14 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts about the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.15 OPPORTUNITITES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For this definition, David Lawrence Center Department of Justice Adult Drug Court Page 16 "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish - heritage Americans, Asian -Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.16 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out, pursuant to the COUNTY's specifications, an Affirmative Action Program, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the disbursement of funds. 3.17 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities about the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all federal "Conflict of Interest", 2 CFR 200.318, and the State and County statutes, regulations, ordinance or resolutions governing conflicts of interest. The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled, in whole or in part, by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees or its contractors shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate -income residents of the project target area. 3.18 INCIDENT REPORTING If services to clients are to be provided under this agreement, the SUBRECIPIENTS and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. 3.19 SEVERABILITY Should any provision of the agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. David Lawrence Center Department of Justice Adult Drug Court Page 17 IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: DWIGHT E. BROCK, CLERK Dated: , Deputy Clerk (SEAL) Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney Date: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRMAN Date: DAVID LAWRENCE MENTAL HEALTH CENTER, INC. By: Scott Burgess, Chief Executive Officer Date: S� \�06-0' David Lawrence Center Department of Justice Adult Drug Court Page 18 PART IV SPECIAL CONDITIONS 4.1 Requirements of the award; remedies for non-compliance or for materially false statements Failure to comply with any one or more of these award requirement, whether a condition set out in full below or a condition incorporated by reference below may result in the Office of Justice Programs (OJP) or COUNTY taking appropriate action with respect to the SUBRECIPIENT and the award. Among other things, the OJP or COUNTY may disallow costs, or suspend or terminate the award. Any materially false, fictitious, or fraudulent statement to the federal government related to this award or concealment or omission of a material fact) _ may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 42 U.S.C. 3795a), and may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. 4.2 Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2017 award from OJP. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at: https:Hoip.gov/fundinWPait2OOUniformRequirements.htm. 4.3 Compliance with DOJ Grants Financial Guide The recipient agrees to comply with the DOJ Grants Financial Guide as posted on the OJP website (currently, the "2015 DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. 4.4 Requirement pertaining to prohibited conduct related to trafficking in persons The SUBRECIPIENT must comply with all applicable requirements, including requirements to report allegations, pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, SUBRECIPIENTs, or individuals defined, for purposes of this condition, as "employees" of the SUBRECIPIENT. David Lawrence Center Department of Justice Adult Drug Court Page 19 The details of the SUBRECIPIENT's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at: https:Hojp.gov/funding/Explore/ProhibitedConduct-Trafficking htm Award condition: Prohibited conduct by recipients and SUBRECIPIENTs related to trafficking in persons, including reporting requirements and OJP authority to terminate award, and are incorporated by reference here. 4.5 Compliance with applicable rules regarding approval, planning, and reporting of conferences and meetings, trainings, and other events The SUBRECIPIENT must comply with all applicable laws, regulations, policies, and official DOJ guidance, including specific cost limits, prior approval and reporting requirements, where applicable, governing the use of federal funds for expenses related to conferences, as that term is defined by DOJ, including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide, currently, as section 3.10 of "Post -award Requirements" in the "2015 DOJ Grants Financial Guide". 4.6 Requirement for data on performance and effectiveness under the award The SUBRECIPIENT must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to CHS in the manner, including within the timeframes, specified by CHS and OJP, in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 4.7 OJP Training Guiding Principles Any training or training materials that the SUBRECIPIENT develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Sub -grantees, available at https:Hoip.gov/funding/ojptraining uidingprinciples.htm. 4.8 Effect of failure to address audit issues The SUBRECIPIENT understands and agrees that the DOJ awarding agency or COUNTY may withhold award funds, or may impose other related requirements, if, as determined by the DOJ awarding agency or CHS), the SUBRECIPIENT does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements, or by the terms of this award, or other outstanding issues that arise in connection with audits, investigations, or reviews of federal awards. 4.9 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The SUBRECIPIENT must comply with all applicable requirements of 28 C.F.R. Part 42, David Lawrence Center Department of Justice Adult Drug Court Page 20 specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 4.10 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The SUBRECIPIENT must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination based on sex in certain "education programs." 4.11 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The SUBRECIPIENT must comply with all applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination based on religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and SUBRECIPIENT organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to SUBRECIPIENTs that are faith -based or religious organizations. The text of the regulation, now entitled "Partnerships with Faith -Based and Other Neighborhood Organizations," is available on the internet by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under e- CFR "current" data. 4.12 Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the SUBRECIPIENT, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. There may be exceptions, if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law. Another federal law generally prohibits federal funds awarded by OJP from being used by the SUBRECIPIENT to pay any person to influence, or attempt to influence, a federal agency, a Member of Congress, or Congress, or an official or employee of any of them, with respect to the awarding of a federal grant or cooperative agreement, sub grant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a use of federal funds by a SUBRECIPIENT would, or might fall within the scope of these prohibitions, CHS will contact OJP for guidance. The SUBRECIPIENT may not proceed without the express prior written approval of CHS and OJP. David Lawrence Center Department of Justice Adult Drug Court Page 21 4.13 Compliance with general appropriations -law restrictions on the use of federal funds (FY 2017) The SUBRECIPIENT must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2017, are set out at htti2s://Oip.eov/fundinWExplore/FY17ARprgpriationsRestrictions htm, and are incorporated by reference here. Should any question arise as to whether a use of federal funds by a SUBRECIPIENT would, or might fall within the scope of these prohibitions, CHS will contact OJP for guidance. The SUBRECIPIENT may not proceed without the express prior written approval of CHS and OJP. 4.14 Reporting potential fraud, waste, and abuse, and similar misconduct The SUBRECIPIENT must promptly refer to CHS and the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, SUBRECIPIENT, contractor, subcontractor, or other person has, about funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by-- (1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 950 Pennsylvania Avenue, N.W. Room 4706, Washington, DC 20530; (2) e-mail to: oig.hotline@usdoj.gov; and/or (3) the DOJ OIG hotline: Contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax). 3,380htWs:/www.usdoJ.gov/oi1z. 4.15 Restrictions and certifications regarding non -disclosure agreements and related matters Neither SUBRECIPIENT nor entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, the reporting, in accordance with law, of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency. 4.16 Compliance with 41 U.S.C. 4712, including prohibitions on reprisal; notice to employees) The SUBRECIPIENT must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, David Lawrence Center Department of Justice Adult Drug Court Page 22 discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The SUBRECIPIENT also must inform its employees, in writing, and in the predominant native language of the workforce, of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the COUNTY will contact OJP for guidance. 4.17 Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages SUBRECIPIENTs to adopt and enforce policies banning employees from text messaging while driving any vehicle, during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4.18 Approval of curricula, training materials, proposed publications, reports, or any other written materials The SUBRECIPIENT agrees to submit to Bureau of Justice Assistance (BJA) for review and approval any curricula, training materials, proposed publications, reports, or any other written materials that will be published, including web -based materials and web site content, through funds from this grant at least thirty (30) working days prior to the targeted dissemination date. Any written, visual, or audio publications, except for press releases, whether published at the grantee's or government's expense, shall contain the following statements: "This project was supported by Grant No. 2017 -DC -BX -0053 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities. 4.19 Compliance with CHS and OJP grant monitoring guidelines, protocols, and procedures The SUBRECIPIENT agrees to comply with CHS and OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with CHS and OJP on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The SUBRECIPIENT agrees to provide to CHS and OJP all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the SUBRECIPIENT agrees to abide by reasonable deadlines set by CHS and OJP for David Lawrence Center Department of Justice Adult Drug Court Page 23 providing the requested documents. Failure to cooperate with CHS and OJP's grant monitoring activities may result in sanctions affecting the SUBRECIPIENT's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the SUBRECIPIENT's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the SUBRECIPIENT as a CHS and DOJ High Risk grantee; or termination of an award(s). 4.20 Cooperation with any assessments, national evaluation efforts, and/or data collection The SUBRECIPIENT agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 4.21 Cap on consultant rate Approval of this award does not indicate approval of any consultant rate more than $650 per day. A detailed justification must be submitted to CHS and approved by the Office of Justice Programs (OJP) program office prior to obligation or expenditure of such funds. 4.22 Prohibition on the use of grant funds for inherently religious activities The SUBRECIPIENT agrees that assistance funds awarded under this grant will not be used to support any inherently religious activities, such as worship, religious instruction, or proselytization. If the SUBRECIPIENT refers participants to, or provides, a non -Federally funded program or service that incorporates such religious activities, (1) any such activities must be voluntary for program participants, and (2) program participants may not be excluded from participation in a program or otherwise penalized or disadvantaged for any failure to accept a referral or services. If participation in a non- Federally funded program or service that incorporates inherently religious activities is deemed a critical treatment or support service for program participants, the grantee agrees to identify and refer participants who object to the inherently religious activities of such program or service to, or provide, a comparable secular alternative program or service. 4.23 Prohibition on the use of grant funds to provide services to "violent offenders" The recipient understands and agrees that no award or matching funds may be used to provide services for violent offenders as defined in 42 U.S.C. 3797u-2, a "violent offender" means a person who—(1) is charged with or convicted of an offense that is punishable by a term of imprisonment exceeding one year, during the course of which offense or conduct— (A) the person carried, possessed, or used a firearm or dangerous weapon; (B) there occurred the death of or serious bodily injury to any person; or (C) there occurred the use of force against the person of another, without regard to whether any of the circumstances described in subparagraph (A) or (B) is an element of the offense or conduct of which or for which the person is charged or convicted; or (2) has 1 or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm. David Lawrence Center Department of Justice Adult Drug Court Page 24 4.24 Treatment Services to Address Opioid Abuse Reduction The SUBRECIPIENT understands and agrees that, to the extent that substance abuse treatment and related services are funded by this award, they will include needed treatment and services to address opioid abuse reduction. 4.25 Employee Compensation Cap With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. SUBRECIPIENT may compensate an employee at a higher rate, provided the amount more than this compensation limitation is paid with non-federal funds. This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. 4.26 Drug Court Policies and Procedures Manual The SUBRECIPIENT agrees to develop and maintain a Drug Court Policies and Procedures manual for program operation. The Policies and Procedures manual must be submitted to CHS by the end of the first year of the grant period to be in compliance with this requirement. David Lawrence Center Department of Justice Adult Drug Court Page 25 EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: Workers' Compensation as required by Chapter 440, Florida Statutes. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1— 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: David Lawrence Center Department of Justice Adult Drug Court Page 26 Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than$1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured. 10. Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.LM.A. David Lawrence Center Department of Justice Adult Drug Court Page 27 EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: SUBRECIPIENT Address: Project Name: Project No: Payment Request #_ Total Payment Period of Availability: through Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS 1.Grant Amount Awarded $ 2.Sum of Past Claims Submitted on this Account $ 3.Total Grant Amount Awarded Less Sum of Past Claims Submitted on this Account 4.Amount of Today's Request 5.10% Retainage Amount Withheld (if applicable) 6.Current Grant Balance (Initial Grant Amount Award request) $ N/A I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) David Lawrence Center Department of Justice Adult Drug Court Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Page 28 EXHIBIT B-1 COLLIER COUNTY COMMUNITY & HUMAN SERVICES MATCH SUBMITTAL SECTION I: SUMMARY OF SUBMITTAL SUBRECIPIENT Name: SUBRECIPIENT Address: Project Name: Project No: Match Request # Period of Availability: through Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF MATCH FUNDS 1.Match Amount Required $ 2.Sum of Past Match Submitted on this Account $ 3.Total Match Amount Required Less Sum of Past Claims Submitted on this Account $ 4.Amount of Today's Match Submission $ 5.Current Match Balance (Initial Match Amount) I certify that this match submittal has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Division Director (Approval required $15,000 and above) (Approval Required $15,000 and above) David Lawrence Center Department of Justice Adult Drug Court Page 29 EXHIBIT C UARTERLY PERFORMANCE REPORT DATA Performance Measures Drug Court Treatment Program PROGRAM GOALS 123120 33120 63020 93020 17 17 17 17 Number of Individuals Enrolled in Program as of: Goal 60 63 66 70 Phase I i Intake Assessment, Orientation and Treatment Client will be assigned to a probation officer and substance abuse clinician. They will provide client with orientation/overview of the Drug Court Program. Needs will be assessed and an individualized treatment plan will be developed. 12/31/2017 Phase II 17 Ongoing Treatment/Relapse Prevention In this phase treatment will be updated by client and counselor to identify treatment goals and objectives. Counseling and meetings will focus on issues underlying addiction, relapse prevention techniques and coping mechanis for stressful situations. 3/31/2017 Phase III David Lawrence Center Department of Justice Adult Drug Court Page 30 David Lawrence Center Department of Justice Adult Drug Court Page 31 Ongoing Treatment/Relapse Prevention (Cont) This face will address the client's ongoing recovery needs including maintaining total abstinence from all mind alteringsubstances. The focus will be on daily living skills. This phase is designed to support the client's return to the community as a productive and responsible member. 6/30/2017 Phase IV Recovery Maintenance The focus of this face is implementing what you have learned over the last three phases. During this phase you are expected to fine-tune your recovery program and seek additional treatment and/or support as you feel necessary for your continued recovery. 9/30/2017 HI Phase V After Care Additional Documents Narrative Addressing following Questions: 1. Accomplishment during reporting period. 2. Goals Accomplished that Relate to Grant Application. 3. What problems/barriers were encountered, if any during reporting period? 4. Any major activities plan? 5. Any other information deemed of importance. Department of Correction 1. Number re -arrested 6 months post program 2. Number re -arrested 12 months post program David Lawrence Center Department of Justice Adult Drug Court Page 31 EXHIBIT D Annual Audit Requirements Circular 2 CFR 200.500 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements. Accordingly, Collier County requires that all appropriate documentation is provided regarding your organizations compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by OMB Circular A-133, for fiscal years beginning before December 26 2014 and established by 2 CFR Part 200 Subpart F Audit Requirements for fiscal years beginning on or after December 26 2014 This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient Name First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY Total Federal Financial Assistance Expended during Total State Financial Assistance Expended during most most recently completed Fiscal Year recently completed Fiscal Year Check A. or B. Check C if applicable A. The Federal/State expenditure threshold for our fiscal year ending as indicated above has been met and a ❑ Circular A-133 or 2 CFR Part 200, Subpart F Single Audit has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB Circular A-133 or 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ ❑ Are a for-profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit reports. While we understand that the audit ❑ report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title David Lawrence Center Department of Justice Adult Drug Court Page 32