Backup Documents 05/26/2020 Item #16D 7ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1607
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines # 1 through 42, comnlete the checklist, and forward to the Countv Attomev Office.
Route to Addressees (List in routing order)
Office
Initials
Date
1. Rachel Brandhorst/Tami Bailey
Community and Human
5/12/20
Services
2. County Attorney Office
County Attorney Office
3. BCC Office
Board of County
;g
Commissioners
p�
4. Minutes and Records
Clerk of Court's Office
f
IRS
a
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above, may need to contact staff for additional or missing information.
Name of Primary Staff
Rachel Brandhorst, Grant Coordinator,
Phone Number
239-398-8932
Contact / Department
Community and Human Services
Agenda Date Item was
May 26, 2020
Agenda Item Number
16D jL
Approved by the BCC
Type of Document
BJA Subrecipient Agreement- DLC
Number of Original
3
Attached
Documents Attached
PO number or account
number if document is
N/A
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
Yes
N/A (Not
a ro riate.
Initial
Applicable)
1.
Does the document require the chairman's original signature?
»—
2.
Does the document need to be sent to another agency for additional signatures? f yes,
RMB
provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
RMB
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4.
All handwritten strike -through and revisions have been initialed by the County Attorney's
N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
RMB
document or the final negotiated contract date whichever is applicable.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
RMB
si nature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
RMB
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8.
The document was approved by the BCC on 5/26/20 and all changes made during the
RMB
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
9.
Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made, and the document is ready for the
Chairman's signature.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
Instructions
1607
1) Please send 1 Chairman signed DLC agreement to:
Nancy Dauphinais, COO
David Lawrence Center
6075 Bathey Ln
Naples, FL 34116
2) Please send 1 Chairman signed DLC agreement to:
Rachel Brandhorst, Grant Coordinator /Tami Bailey, Federal and State Grants Manager
Collier County Government
3339 Tamiami Trail East
Building H, Suite 211
Naples, FL 34112
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
Crystal K. Kinzel
Collier County
Clerk of the Circuit Court and Comptroller
3315 Tamiami Trail East, Suite 102
Naples, Florida 34112-5324
June 2, 2020
Nancy Dauphinais, COO
David Lawrence Center
6075 Bathey Lane
Naples, FL 34116
1607
Re: Agreement between Collier County and David Lawrence Mental Health Center, Inc.
Ms. Dauphinais,
Attached for your records is an original copy of the Agreement referenced above, approved
by the Collier County Board of County Commissioners on May 26, 2020.
If your office requires further information regarding this mailing, please feel free to
contact me at 239-252-8406.
Thank you.
CRYSTAL K. KINZEL, CLERK
Ann Jennej ohn,
Deputy Clerk
Attachment
Phone- (239) 252-2646
Website- www.CollierClerk.com
Fax- (239) 252-2755
Email- CollierClerk@collierclerk.com
1607
MEMORANDUM
Date: June 1, 2020
To: Rachel Brandhorst, Grant Coordinator
Community & Human Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Subrecipient agreement with the David Lawrence
Mental Health Center
Attached, please find a copy of the agreement referenced above (Item #16D7)
approved by the Board of County Commissioners on Tuesday, May 26, 2020.
The original document will be held in the Minutes and Records Department for
the Board's Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
1607
FAIN #
2017-AR-BX-KO03
Federal Award Date
March 1, 2020
Federal Award Agency
Bureau of Justice
Assistance and Centers
for Disease Control
CFDA Name
Building Bridges
Between Jails and
Community Based
Treatment for Opioids
Grant Program
CFDA/CSFA#
16.838
Total Amount of Federal
Funds Awarded
$84,750.00
Subrecipient Name
David Lawrence Mental
Health Center, Inc.
DUNS#
096580782
FEIN#
59-2206025
R&D
No
Indirect Cost Rate
No
Period of Performance
03/01/2020-02/28/2021
Fiscal Year End
6/30
Monitor End:
5/2021
AGREEMENT BETWEEN COLLIER COUNTY
AND
DAVID LAWRENCE MENTAL HEALTH CENTER, Inc.
��)
Inn 2D
THIS AGREEMENT, made and entered into on thiay of Y r a 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.
WHEREAS, the County has entered into an agreement with the Bureau of Justice Assistance and Centers
for Disease Control for a grant for the execution and implementation of a Building Bridges Between Jails
and Community Based Treatment for Opioid Use Disorder Demonstration Project; and
WHEREAS, on March 24, 2020, the Collier County Board of County Commissioners approved the
subaward agreement with the Institute for Intergovernmental Research (IIR); and
WHEREAS, the Subrecipient has submitted a proposal for participation in the implementation of
medication -assisted treatment (MAT) in jails and enhancing collaboration between jails and community -
based treatment providers; and
WHEREAS, the effective date of this agreement shall be March 1, 2020.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein, the Parties agree
as follows:
[20-GRC-00899/ 1534369/ 11
9
1607
1. CONTRACT DOCUMENT
This contract is composed of Sections I through 2.52 hereof, as well as Exhibits A-E and any exhibits
referenced in said attachments, together with any documents incorporated by reference, which contain all
the terms and conditions agreed upon by both parties.
2. CONTRACT TERM
Services of the SUBRECIPIENT shall start on the I` day of March 2020 and end on the 28" day of
February 2020. The term of this Agreement and the provisions herein may be extended by amendment to
cover any additional time period.
3. STATEDJLi NT OF WORK
The SUBRECIPIENT shall provide services in accordance with the Scope of Work, provided in Part 1, and
the COUNTY's application submitted to, and approved by, the U.S. Department of Justice — Bureau of
Justice Assistance (BJA) and the Centers for Disease Control and Prevention (CDC) referred to herein and
made an integral pant 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
Bureau of Justice Assistance (BJA) and the Centers for Disease Control and Prevention (CDC)
requirements, in effect at the time such services are authorized.
This space has been left blank intentionally
Op
1607
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 BJA/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: Building Bridges Between Jails and Community Based Treatment for Opioid Use
Disorder Demonstration Project
Description of project and outcome: This project builds upon the Building Bridges demonstration
project, which supported a nine -month planning process for selected counties committed to
implementing medication -assisted treatment in jails and enhancing collaboration between jails and
community -based treatment providers. The Bureau of Justice Assistance (BJA) and the.Centers for
Disease Control and Prevention (CDC) are providing funding to eligible Building Bridges sites to
support projects that increase the capacity of local communities to collaborate across the areas of
public safety, behavioral health, and public health. This Program will support efforts of
projects/actions that will increase the capacity of Collier County to develop a comprehensive
continuum of care model to combat opioid use disorder that targets the Collier jail population and
builds bridges between in -custody and community -based treatment and supervision, including
probation, parole, and court -based programs. These goals will be achieved by:
1. Development of a dedicated Medication Assisted Treatment (MAT) Team.
2. Designation of a MAT Care Coordinator
3. Designation of a Peer Specialist
4. Development of outreach teams who will follow up with justice -involved individuals
at risk of overdose, particularly those who have just experienced nonfatal overdoses.
5. Development of a plan for pre-trial and post -trial populations leaving jail or secure
residential treatment to connect them to treatment and recovery supports.
6. Provide education and outreach to the Collier community via MAT Team
collaboration with local hospitals, EMS, Public Health, treatment providers and law
enforcement.
1.1 Grant and Special Conditions
A. Within thirty (30) 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, as referenced above 1-6.
B. The following resolutions and policies must be submitted within sixty (60) days of this
Agreement:
® Affirmative Action/ Equal Opportunity Policy
Conflict of Interest Policy
Procurement Policy
1607
M 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
Equal Access for Transgender Persons Policy
Confidentiality & Human Subject Protection Policy
Limited English Proficiency Policy
Texting and Driving Policy
C. 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 may result in
in the denial of any reimbursement of funds under this Agreement.
1.2 Project Details
A. Project Description/Project Budget
Description
Federal Amount
Project Component 1: Personnel Cost (salary and benefits) associated with the
following positions:
1.0 MAT Care Coordinator
.75 Peer Specialist
.10 Supervisor
$84,750.00
No Match funds are associated with this Sub -recipient grant.
The SUBRECIPIENT will accomplish the following checked project tasks:
Maintain and provide to the COUNTY, as requested, beneficiary documentation
Provide bi-monthly reports on project progress
Provide quarterly financial reports
Required attendance and participation on bi-monthly collaborative calls with Grant
Coordinator, BJA policy advisors, CDC staff members, and the IIR Project Manager.
® 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 thirty (30) days of
Section 1.1
agreement
agreement execution
Insurance
Insurance Certificate
Within 30 days of agreement
execution and Annually within
thirty (30) days of renewal
Detailed project implementation
Project Schedule
Within thirty (30) days of
schedule
agreement execution
Financial and Compliance Audit
Exhibit E
Annually, nine (9) months for
Single Audit after FY end
BJA/MAT Policies and
Policy and Procedure Manual
Within 120 days of contract
Procedures
execution
1607
C. Project Deliverables
Bi-Monthly Progress Report
Exhibit B
3rd day following the end
of the p eceding month
Quarterly Financial Report
Exhibit C
10'h day following the end of the
receding quarter
Collaborative Calls
Sign -in sheet
Bi-monthly, as scheduled by HR
D. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Project Component l :Personnel
Submission of supporting documents
Quarterly, 10'h day
(salary and benefits)
must be provided as backup, as evidenced
following the end of
by timesheet, payroll register, check
the preceding quarter
stubs, bank statements, and any other
additional documentation, as requested.
The SUBRECIPIENT shall request payment by submission of a properly completed invoice, Exhibit C
and submission of all supporting documentation, no later than the I0'h day of the month, or the next business
day after the end of the prior quarter following service provision, accompanied by the corresponding
quarterly performance reports and any other deliverable report due for the period of invoice.
The COUNTY shall approve payment requests following receipt of compliance with Exhibit A
The County shall withhold 10% from each reimbursement request and upon satisfactory completion of the
SUBRECIPIENT's final program report and completion of the COUNTY closeout monitoring, the
COUNTY shall release the remaining funds held throughout the term of the agreement, less any funds
retained for failure to achieve a performance target. In the event that the SUBRECIPIENT terminates the
agreement prior to the end of the grant agreement it shall be at the discretion of the COUNTY to release
the retainage prior to the end of the Bureau of Justice Assistance grant agreement with Collier County.
If the SUBRECIPIENT does not complete the deliverables detailed in Exhibit A, the COUNTY shall apply
a 10% penalty for all payments made to date. Corrective action plans required and may result in a reduction
in future funding under this Contract, at the COUNTY's sole discretion.
The SUBRECIPIENT shall submit a final invoice for payment no later than 60 days after the expiration of
this Contract or after this Contract is terminated. Failure to do so will result in a forfeiture of all rights to
payment and the COUNTY shall not honor any requests submitted after the aforesaid time period. Any
retainage payment (10%) due under the terms of this Contract will be withheld until the Final Program
Report are submitted, and the Close Out Monitoring is completed and approved by the County.
The County shall remit payment to the SUBRECIPIENT for the performance of this contract upon
completion of the deliverables as accepted and approved by CHS. Payments shall be made to the
SUBRECIPIENT when requested as work progresses but, not more frequently than once per quarter.
Payment will not occur if SUBRECIPIENT fails to perform at the minimum level of set -vice required by
this Contract. 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 "Local
Government Prompt Payment Act."
00
1607
E. Period of Performance
Services of the SUBRECIPIENT shall start on March 1, 2020 and shall end on
February 28, 2021.
1.3 Agreement Amount
The COUNTY agrees to make available (Eighty Four Thousand, Seven Hundred Fifty Dollars)
($84,750.00) and the SUBRECIPIENT is permitted to submit for expenses incurred from grant
NTP date for use by the SUBRECIPIENT, during the term of the agreement (hereinafter, shall be
referred to as the "Funds").
Modifications to the `Budget and Scope" may only be made if approved in advance. Budgeted find
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/BJA 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 quarter.
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.
The SUBRECIPIENT may expend funds only for allowable costs resulting from obligations
incurred during the term of this agreement. If no work has been performed during that quarter, 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 quarters of $0 invoices are submitted.
Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more
frequently than once per quarter. 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 60 days after the end of the agreement. Work performed during
the term of the program but not invoiced within 60 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. The SUBRECIPIENT shall submit the request for extension
in writing to the Grant Coordinator. 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."
1.4 Cost Principles
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
1607
(Section 1.4-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.
1.5 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: Rachel Brandhorst, Grant Coordinator
3339 E Tarniami Trail, Suite 211
Naples, Florida 34112
Ernail: Rachel.Brandhorst@colIiercountyfl.gov
Telephone: (239) 398-8932
SUBRECIPIENT David Lawrence Center
ATTENTION: Scott Burgess, CEO
6075 Bathey Lane
Naples, Florida 34116
Email: scottb@dlcmhc.com
Telephone: (239) 455-8500
This space has been left blank intentionally
c�'
1607
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 snake 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.
During the tern, the SUBRECIPIENT shall submit an annual audit and an annual audit monitoring
report, Exhibit E to the COUNTY no later than trine (9) months after the end of the
SUBRECIPIENT's fiscal year (or one hundred eighty (180) days for SUBRECIPIENTS's exempt
from Single Audit. Subrecipients that expend $750,000 or more in federal awards annually shall
annually engage an independent, licensed certified public accountant to conduct an annual fiscal
audit of their operations. The audit shall be conducted in compliance with the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements in 2 CFR Part 200.
SUBRECIPIENT shall permit COUNTY and/or its auditors to have access to the records and
financial statements of SUBRECIPIENT, as necessary for the COUNTY to comply with its
oversight and monitoring responsibilities under Part 200 Uniform Requirements. SUBRECIPIENT
shall submit one (1) copy of the audit package to COUNTY annually.
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 Building Bridges 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/BJA regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by the 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 and Program Income. These records shall
be maintained to the extent of such detail as will properly reflect all net costs, direct and
1607
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.
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 DOJ/BJA
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.
1. 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 thisproject.
2.3 Monitoring
The COUNTY will conduct an annual financial and programmatic review. The 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
1607 '
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/BJA to monitor
the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by
CHS or DOJ/BJA. The COUNTY will monitorthe performance of the SUBRECIPIENTto 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/BJA, 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 andabuse.
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.
In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an
escalation policy to ensure continued compliance by SUBRECIPIENTs, or any entity receiving
grant funds from CHS. CHS's policy for escalation for non-compliance is as follows:
1. 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 calendar days following issuance of the report.
• Any pay requests that have been submitted to the Division for payment will be
1607
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/BJA 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
4. 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 forthe
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 Compliance With Law
The SUBRECIPIENT acknowledges that this Agreement is being funded by the federal awarding agency
under a Cooperative Agreement to Institute for Intergovernmental Research (11R) and that it is subject to
all applicable federal laws, rules, regulations, orders, policies, and requirements. The SUBRECIPIENT
shall procure and maintain all licenses, authorizations, waivers, permits, qualifications, and certifications
1607
required to perform the work and shall fully comply all applicable local, state, and federal laws, rules,
regulations, orders, policies, and requirements.
2.7 Federal Funding Accountability and Transparency Act (FFATA)
The SUBRECIPIENT certifies that the information provided to the COUNTY for submission to the FFATA
Subaward Reporting System (FSRS) is complete and accurate.
2.8 Special Conditions Announced in or Applied to Grant Award
The SUBRECIPIENT acknowledges that numerous special conditions may be imposed by law, regulation,
or the awarding federal agency when a federal award is made. Any additional special conditions applicable
to this Agreement not specifically stated within the main body of this Agreement are identified in the special
conditions document which is adopted and incorporated by reference here. The COUNTY reserves the right
to convey to the SUBRECIPIENT in a written amendment to this Agreement, any additional special
conditions imposed by the awarding entity, law, or regulation after execution of this Agreement, during the
performance of the efforts contemplated by this Agreement.
2.9 Amendments to Subaward
During the life of the project, the COUNTY and/or SUBRECIPIENT may identify changes or updates to
administrative information, project activities, or the project budget. The COUNTY will send written
requests for adjustments to the SUBRECIPIENT'S project to IIR for consideration. IIR will coordinate with
B1A, as necessary, concerning the request and may require additional information or to discuss the
adjustment.
Some circumstances requiring a subaward adjustment include:
• Change in Subaward contact/notices information.
• Request for a no -cost extension.
• New project director, designated key staff, authorized representative, or signing authority.
• Movement of dollars between approved budget categories that exceeds 10 percent of the total
subaward amount.
• Changes in the scope of project activities.
2.10 Fiscal Management
The SUBRECIPIENT has a responsibility to establish and maintain a fiscal management system that
ensures fiscal integrity in the project. The SUBRECIPIENT should establish and maintain an adequate
accounting system and appropriate fiscal controls and records, ensure compliance with all applicable laws
and regulations regarding use of the funds, and conduct its activities in a manner that is transparent and
provides accountability. The COUNTY is responsible for ensuring that adequate oversight and monitoring
are provided to the SUBRECIPIENT.
2.11 Confidentiality
During the period of this Agreement, confidential material may be disclosed between the parties to permit
agreed -upon services to be performed. Such material will be identified at the time it is provided to the other
party. Each party will advise and require all assigned employees, agents, and consultants to treat such
material as confidential and will not disclose such information or work products to any person, organization,
1607
or corporation. At any time during this Agreement, the COUNTY may require a separate supplemental
nondisclosure agreement to be executed detailing any applicable additional obligations.
2.12 Independent Contractor
The SUBRECIPIENT agrees that as an independent contractor, The SUBRECIPIENT controls the manner
and means of work and that there will be no COUNTY employee benefits accruing to the benefit of the
SUBRECIPIENT, including, but not limited to, unemployment compensation, health and life insurance
benefits, or retirement earnings. The SUBRECIPIENT will not make any claims against the COUNTY
related to benefits reserved for employees. The SUBRECIPIENT will indemnify, defend, and hold the
COUNTY and its officers, directors, and agents harmless from any damages, claims, injuries, disabilities,
or other expenses resulting from the SUBRECIPIENT's failure to provide benefits for the SUBRECIPIENT
and the SUBRECIPIENT'S employees. The SUBRECIPIENT agrees that the COUNTY will pay the
SUBRECIPIENT the gross amount due without withholding for federal income tax or social security tax,
which will be the sole responsibility of the SUBRECIPIENT, which agrees to hold the COUNTY harmless
from any tax obligations.
2.13 Training and Other Materials
The SUBRECIPIENT agrees to submit to the COUNTY for submission to IIR and BJA for review and
approval of all materials and efforts funded in whole or in part by this subaward, including curricula,
training materials, proposed publications, reports, or other related written materials, including Web -based
materials and website content, at least forty-five (45) working days prior to the targeted dissemination date.
2.14 Statements on Work Products
Any work products prepared by the SUBRECIPIENT, including multimedia products and websites, shall
include statements provided by IIR related to project funding; copyright notices, permission requirements,
or dissemination restrictions; and notice that the product does not necessarily reflect the views of the
funding agency.
2.15 Disallowance
In the event that the SUBRECIPIENT claims and receives payments from COUNTY hereunder,
reimbursement for which is later disallowed by the COUNTY, IIR, or the United States government, the
SUBRECIPIENT shall, upon request, promptly refund to the COUNTY the disallowed amount. At its
option, the COUNTY may offset the amount disallowed from any payment due or to become due to
SUBRECIPIENT.
2.16 Nondiscrimination Requirements, Findings of Discrimination, and Equal Employment
Opportunity
The SUBRECIPIENT will not discriminate against any employee or applicant for employment or
subcontractor or bidder because of actual or perceived age, race, color, national origin, religion, sex,
disability, sexual orientation, gender identity, ancestry, or mental or physical disability, and it shall comply
with the applicable federal laws and regulations. If, in the three years prior to the date of the grant award
supporting this effort, the SUBRECIPIENT has received any adverse finding of discrimination or should
the SUBRECIPIENT during the active life of this contract receive an adverse finding of discrimination
against the SUBRECIPIENT, after a due process hearing or by reason of a DOJ, OJP, Office for Civil
Rights compliance review, on the ground of race, color, religion, national origin, or sex, the
1607
SUBRECIPIENT must submit a copy of the finding to the COUNTY for review. The COUNTY may be
required to forward a copy of any such finding of discrimination to the Office for Civil Rights,
The SUBRECIPIENT certifies that it is either in compliance with the applicable Equal Employment
Opportunity Plan (EEOP) requirements or that it claims a complete or a limited exemption from the EEOP
requirements and has completed the EEOP Certification Form.
2.17 Limited English Proficiency
The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project
and activities funded under this Agreement for persons with limited English proficiency pursuant to
information located at http://www.lep.gov.
2.18 Equal Treatment of Faith -Based Organizations
By regulation, DOJ/BJA prohibits all recipient organizations from using financial assistance from DOJ/BJA
to find explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For
more information, see littps://ojp.gov/about/oci•/paitnersliips,htin, Discrimination on the basis of religion in
employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted
on a case -by -case basis to allow some faith -based organizations to receive DOJ/BJA funds while taking into
account religion when hiring staff. Questions in this regard should be directed to the US Department of
Justice Office for Civil Rights,
2.19 Arrest and Conviction Records
Federal and state laws restrict use of arrest and conviction records in the employment context, except
when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction
records to screen applicants for employment or employees for retention or promotion that may have a
disparate impact based on race or national origin, resulting in unlawful employment discrimination unless
use is otherwise specifically authorized by law. See https://ojp.gov/about/
oer/pdfs/UseofConviction Adyisory_.pdf for more details.
2.20 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352)
The SUBRECIPIENT will not use and has not used federal appropriated fiends to pay at any tier, either
directly or indirectly, any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any federal contract, grant, or any other award or
subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds
that takes place in connection with obtaining any federal award or subaward. Such disclosures are
forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying
restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers,
employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and
regulations governing advocacy of and appearances before any legislative body. None of the funds
provided under this Agreement shall be used for publicity or propaganda purposes designed to support or
defeat any legislation pending before local, state, or federal legislatures.
2.21 Debarment and Suspension
No contract that equals or exceeds $25,000 shall be made to parties listed as suspended or debarred in the
System for Award Management (SAM). See https://www.sam_gov/SAM/ for more information.
SUBRECIPIENT represents that it and its principals are not now and have not been at any time in the last
five (5) years suspended, debarred, or otherwise excluded from receiving federal contracts.
SUBRECIPIENT shall not knowingly enter into any lower -tier covered transaction with a person or entity
1607
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction.
2.22 False Claim; Criminal or Civil Violation
SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent,
contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds
under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict
of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds.
2.23 Americans with Disabilities Act (ADA) Requirements
SUBRECIPIENT shall comply with the ADA requirements, which guarantee nondiscrimination and equal
access for persons with disabilities in employment, public accommodations, transportation, and
SUBRECIPIENT programs, activities, and services, including applicable requirements related to website
access and use by the disabled.
2.24 Political Activities Prohibited
None of the funds provided directly or indirectly under this Agreement shall be used for any political
activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor
any funds provided hereunder shall be utilized in support of any partisan political activities or activities for
or against the election of a candidate for an elected office.
2.25 Prohibited Use of Funds Under 18 U.S.C. § 1913
The SUBRECIPIENT will not use any funds awarded by the federal government (including through this
subaward) to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or
policy at any level of government.
2.26 Personally Identifiable Information
In order for the COUNTY to comply with its obligations related to actual or imminent breaches of
information, the SUBRECIPIENT agrees to immediately report any suspected, actual, or imminent breach
of personally identifiable information related to its perfo►mance under this Agreement to the COUNTY and
conform with other procedures as required by the "IIR Breach of Personally Identifiable Information
Procedures" provided to the SUBRECIPIENT as Exhibit D and incorporated by reference here or as may
also be required by SUBRECIPIENT'S state law.
2.27 Text Messaging
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74
Federal Register 51225 (October 1, 2009), DOJ/BJA encourages Subrecipients to adopt and enforce
policies banning employees from text messaging while driving any vehicle during the course of performing
work funded by DOJ/BJA and to establish workplace safety policies and conduct education, awareness, and
other outreach to decrease crashes caused by distracted drivers.
2.28 Trafficking in Persons
The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including
requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons,
whether on the pail of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the
SUBRECIPIENT' S obligations related to prohibited conduct related to the trafficking of persons are posted
at https:Hojp.gov/fundin Explore/ProhibitedConduct-Traf] tckin .lg itm.
1607
2.29 Right, Title, and Interest
The SUBRECIPIENT shall retain the SUBRECiPIENT's copyright in all original works of authorship fixed
in any tangible medium of expression that are prepared, developed, or written by the SUBRECIPIENT as
part of the work hereunder. The SUBRECIPIENT hereby grants to the federal awarding agency through
Institute of Intergovernmental Research (hereafter IIR) and to IIR's successors, assigns, and licensees (i)
permission to record, by any means, all speeches and presentations made by the SUBRECIPIENT or others
on behalf of the SUBRECIPIENT as part of the work hereunder and (ii) a nonexclusive, irrevocable,
worldwide license to distribute, reproduce, use, display, exhibit, exploit, publish, prepare derivative works,
sublicense, sell, and otherwise dispose of the work and all data, reports, research, content, programs,
information, speeches and presentations (together with all handouts, outlines, and ancillary materials),
articles, papers, documents, products, recordings (including, without limitation, recordings made by IIR
pursuant to this section), materials (including, but not limited to, written or electronically stored materials
or ideas), and other original works of authorship fixed in a tangible medium of expression that are prepared,
developed, made, generated, created, written, conceived, originated, furnished, performed, presented, or
modified by the SUBRECIPIENT or others on behalf of the SUBRECIPIENT as part of or in connection
with the work to be performed or furnished under this Agreement (collectively referred to as
"developments"), anywhere throughout the world, in any medium which exists or which may hereafter be
developed, free of any royalty or license fee whatsoever.
The SUBRECIPIENT acknowledges that this Agreement is funded by federal funds and that the federal
awarding agency reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or
otherwise use and authorize others to use (in whole or in part, including in connection with derivative
works) for federal purposes (i) any work subject to copyright developed under an award or subaward and
(ii) any rights of copyright to which a recipient or subrecipient purchases ownership with federal support.
The SUBRECIPIENT acknowledges that, unless waived by the federal awarding agency, the federal
government has the right to (i) obtain, reproduce, publish, or otherwise use the data first produced under an
award or subaward and (ii) authorize others to receive, reproduce, publish, or otherwise use such data for
federal purposes. Nothing contained herein shall be construed to abridge, modify, or limit the rights of the
federal government in any resulting invention in accordance with 37 CFR Part 401, "Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and
Cooperative Agreements," and any implementing regulations issued by the federal awarding agency.
"Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227-14 (Rights in
Data — General).
The COUNTY has the responsibility to obtain from the SUBRECIPIENT all rights and data necessary to
fulfill the COUNTY'S obligations to the government under this award. If the SUBRECIPIENT refuses to
accept terms affording the government such rights, the COUNTY shall promptly bring such refusal to the
attention of IIR and not proceed with the agreement in question without further authorization from IIR.
The parties agree that any breach of either parry's obligations related to right, title, and interest may result
in irreparable and continuing injury and damage to the affected party for which there will be no adequate
remedy at law, entitling the affected party to injunctive relief and a decree for specific performance, together
with such other relief as may be proper (including monetary damages).
2.30 Patent Rights Clause
With respect to any subject invention in which the SUBRECIPIENT retains title, the federal government
shall have a nonexclusive, nontransferable, irrevocable, paid -up license to practice or have practiced for or
on behalf of the United States the subject invention throughout the world.
The SUBRECIPIENT will include this Patent Rights Clause, suitably modified to identify the parties, in all
subawards and subcontracts, regardless of tier, for experimental, developmental, or research work. The
subaward recipient or subcontractor will retain all rights provided for the award recipient in this clause, and
I
k
1607
the award recipient will not, as a part of the consideration for awarding the subaward or subcontract, obtain
rights in the subaward recipient's or subcontractor's subject inventions. Communication on matters relating
to this Patent Rights Clause should be directed to IIR, which will review and forward them to the General
Counsel, OJP, DOJ.
2.31 Association of Community Organizations for Reform Now (ACORN)
The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or
indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express
prior written approval of OJP.
2.32 Airfare
The SUBRECIPIENT understands and acknowledges that no federal funds shall be used to pay for any part
of air travel that includes business or first-class seating except as authorized by the COUNTY prior to
booking such tickets.
2.33 Travel Reimbursement; Meals and Lodging
The SUBRECIPIENT understands that meal and lodging expenses must conform to the limits established
by the U.S. General Service Administration as published at http://www.&sa.gov. Authorized travel will be
reimbursed in accordance with IIR's Travel Policy for Non-IIR Employees.
2.34 Food and/or Beverages
SUBRECIPIENT understands and acknowledges that for purposes of this award, food and/or beverage
expenses are not allowable expenses for training sessions, meetings, conferences, or other similar
functions.
2.35 Meeting Rooms and Audiovisual
The SUBRECIPIENT understands and acknowledges that utilization of and costs for meeting rooms and
audiovisual must comply with the requirements included in the BJA/DOJ Grants Financial Guide.
2.36 Event Advance Approval; Expenses and Reporting
The SUBRECIPIENT acknowledges that all meetings and events must conform to the guidance in the DOJ
Grants Financial Guide. The SUBRECIPIENT is responsible for providing the necessary information to the
COUNTY for the COUNTY to evaluate and either provide advance approval or disapproval for all events.
In the absence of approval, event costs are not allowable costs for reimbursement under this Agreement
with the exception of commitments entered into in good faith while prior approval was being solicited. if
prior approval is not received, the SUBRECIPIENT is responsible for taking steps to minimize the costs
charged to this Agreement.
The SUBRECIPIENT will provide the event information to COUNTY for each event forty-five (45) days
prior to the scheduled event by completing IIR's Event Request/Report form (form to be provided by the
COUNTY). IIR will notify the COUNTY and the COUNTY will notify the SUBRECIPIENT of
approval/disapproval no later than thirty (30) days prior to the scheduled event, The SUBRECIPIENT will
notify the COUNTY if there are changes to the information provided on the Event Request/Reportform.
The SUBRECIPIENT will provide actual event and cost information to the COUNTY for each event within
forty-five (45) days of event completion. The actual information will be submitted to IIR by the COUNTY
on/with the Event Request/Report form.
1607
2.37 Indemnification
To the fullest extent permitted by law, each party shall forever indemnify, defend, and hold harmless the
other party, its officers, directors, employees, representatives, agents, members, and affiliates and each of
its or their heirs, personal representatives, successors, and assigns, from and against any and every claim,
demand, liability, loss, damage, action, debt, judgment, execution, cost, and expense (including reasonable
attorney fees and court costs), of whatever kind or nature, which may be asserted against or suffered or
incurred by the foregoing indemnities, or any of them, and which arise, directly or indirectly, either in law
or in equity, as a result of any misrepresentation or breach of any warranty, covenant, obligation, or term
by the indemnifying party hereunder, or by reason of any act or omission of the indemnifying party, its
officers, employees, subcontractors, subrecipients, representatives, or agents in the performance of the
work.
2.38 Insurance
Without limiting its obligations hereof, the SUBRECIPIENT shall procure, maintain, and keep in force,
during the term hereof, the following insurance coverage: (i) workers' compensation insurance in any
amount required by law; (ii) employer's liability insurance in amounts required by law;
(iii) comprehensive general liability insurance with coverage of not less than $1,000,000 per occurrence
and $2,000,000 in the aggregate for bodily injury and property damage;
(iv) comprehensive automobile liability insurance for owned, hired, or non -owned vehicles used in
performance of the work, with a minimum combined single limit of $1,000,000 for bodily injury and
property damage; and (v) all other insurance required by local, state, and federal laws. As used herein
"insurance coverage" encompasses self-insurance maintained by government agencies. SUBRECIPIENT
will provide Certificates of Insurance upon request by COUNTY.
2.39 Termination Due to Unavailability of Federal Funding
This Agreement is subject to and contingent upon the continuing receipt of federal funds from the federal
awarding agency for the put -poses set forth herein. If, for any reason, such fiends are not granted or
appropriated or are suspended, withdrawn, discontinued, limited, impaired, reduced, cancelled, or otherwise
made unavailable, in whole or in pant, the COUNTY may terminate or modify this Agreement, in whole or
in pail, effective immediately, upon written notice to SUBRECIPIENT. Applicable costs incurred up to the
effective date of the termination will be reimbursed by the COUNTY, in accordance with the compensation
clauses detailed in the Agreement.
2.40 Cancellation for Cause
In the event that either party (i) becomes insolvent, subject to receiverships, or voluntarily or involuntarily
subject to the jurisdiction of the bankruptcy court; (ii) makes any misrepresentation hereunder or breaches
any warranty, covenant, obligation, orterm hereof, including, without limitation, the failure to satisfactorily
perform the work within the time requirements specified in this Agreement; or (iii) takes or omits to take
any action that endangers the timely and satisfactory performance of the work (hereinafter the
"defaulting/breaching party"), then the canceling party may, in addition to and not in limitation of all other
rights and remedies, specified in this Agreement or available at law or in equity, cancel all or part of this
Agreement for cause. Cancellation shall be effective upon written notice to the defaulting/breaching party
(or any date specified therein), provided that such cancellation may be exercised only after notice of default
or breach to the defaulting/breaching party and the subsequent failure of the defaulting/breaching party,
within five (5) business days of such notice, to provide evidence satisfactory to the canceling party that the
declared default of breach has been corrected.
2.41 Termination for Force Majeure
160 7
This Agreement is subject to any unforeseeable circumstance beyond the reasonable control of and without
fault or negligence of a party which makes it illegal or impracticable for such party to perform its material
obligations hereunder (an event of force majeure), including, without limitation, acts of God, war, national
emergency, terrorism and/or response thereto, government regulations, strikes, and civil disorder. This
Agreement may be terminated upon the occurrence of an event of force majeure, by written notice from the
affected party to the other.
2.42 Governing Law and Jurisdiction
This Agreement is governed by and shall be construed in accordance with the substantive laws of the United
States and the state of Florida, without regard to principles of conflicts of law. The parties irrevocably
consent to nonexclusive personal jurisdiction in any court of competent jurisdiction located in Leon County,
Florida, with respect to any action arising out of or pertaining to this Agreement.
2.43 Disputes
Except as otherwise provided in this Agreement, any controversy, claim, or dispute arising out of or relating
to this Agreement shall be resolved through nonbinding mediation and/or binding arbitration. Florida will
be the governing law. The arbitration award will be enforceable in any state or federal court. In any
arbitration or court proceeding, the prevailing party shall be entitled to recover reasonable attorney's fees
and costs. The parties agree to use their best efforts to resolve any disagreement that arises out of this
Agreement, prior to seeking remedy by law.
2.44 Use of Fume
Neither party shall use the other parry's name, trademarks, or other logos in any publicity, advertising, or
news release without the prior written approval of an authorized representative of that party. The parties
agree that each party may use factual information regarding the existence and purpose of the relationship
that is the subject of this subaward for legitimate business purposes, to satisfy any reporting and funding
obligations, or as required by applicable law or regulation without written permission from the other party.
In any such statement, the relationship of the parties shall be accurately and appropriately described.
2.45 Severabitity
If any term, covenant, condition, or provision of this Agreement is determined to be invalid or
unenforceable, then the remaining terms, covenants, conditions, and provisions hereof shall continue to be
enforceable to the fullest extent provided by law.
2.46 Captions
Captions used in this Agreement are provided for convenience of reference only and shall not be used to
construe meaning or intent.
2.47 Waivers and Remedies
A waiver of any covenant, term, or condition of this Agreement shall be valid only if in writing, duly
executed by the party to be bound thereby. No waiver of any covenant, term, or condition of this Agreement
shall be construed to be a waiver of any other covenant, term, or condition, nor shall it be construed to
constitute a waiver of any subsequent or continuing breach of the same covenant, term, or condition. All
rernedies afforded in this Agreement shall be taken and construed as cumulative, that is, in addition to every
other remedy provided in this Agreement or by law in equity.
2.48 Entireties
1607
This Agreement, which includes Exhibits A-E, constitutes the entire agreement between the parties with
respect to the subject matter hereof. There are no promises, terms, conditions, or obligations other than
those contained in this Agreement, and this Agreement supersedes all previous communications,
representations, or agreements, either verbal or written, that may have been made in connection with the
subject matter hereof. No modification or amendment of this Agreement shall be binding unless the same
is in writing and signed by the respective parties hereto.
2.49 Binding Effect
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective
heirs, personal representatives, successors, and assigns.
2.50 Survival
Anything contained herein to the contrary notwithstanding, the rights, obligations, representations,
warranties, covenants, terms, and provisions shall remain in effect and shall survive the termination,
expiration, or cancellation of this Agreement, whether by expiration of time, operation of law, or otherwise.
2.51 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 HOUSING
AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION" 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 general public. Construction signs shall
comply with applicable COUNTY codes.
This slaace has been left blank intentionally
1607
IN WITNESS, WHEREOF, the parties hereto, have each, respectively, by an authorized person
or agent, have executed this Contract on the date and year first written above.
ATTEST;:.:.
Crystal:tffizel, d6rk4 Courts
d,
By
Wiest as
Sig" �afure only; j
Dated:�� a,
(SEAL)
Approved as to Form and Legality:
\\r�
Jennifer A. Belpedio
Assistant County Attorney
-y'v � a-ti, 12 , 2 0 a 0
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: Z
Burt L. Saunders, Chairman
Date: S I a 0
David Lawrence Mental Health Center, Inc.
By:
Scott B ge s
Chief 8xecutive Officer
Date:'
Item # Le 1
Agenda S^�2
Date
Date 160— l -2 Q
Rec'd
l60 7.
EXHIBIT A
David Lawrence Mental Health Center, Inc.
Building Bridges Between Jails and Community -Based Treatment
for Opioid Use Disorder Demonstration Project
Detailed Project Deliverables
Deliverables
This section outlines the deliverables for this project. The SUBRECIPIENT is responsible for meeting each
of these deliverables.
1. Bimonthly Collaborative Calls — Participate in bimonthly calls with BJA policy advisors, CDC staff
members, and the HR Project Manager. These calls will last no more than 1'/2 hours.
2. Bimonthly Progress Reporting — The SUBRECIPIENT is responsible for ensuring that a bimonthly
report detailing progress on project activities is submitted to the COUNTY no later than the third day
of the month, or the next business day.
Re on rting Period Due Date
March 1 —April 30 May 3
May 1 — June 30 July 4
July 1 —August 31 September 3
September 1 —October 31 November 3
November 1 — December 31 January 3
January 1 — February 28 March 3
3. Financial Reporting — The SUBRECIPIENT is responsible for ensuring that the required financial
reporting is submitted on a quarterly basis to the COUNTY and due on the tenth day of the month, or
the next business day. Submission of supporting documents must be provided as backup, as evidenced
by timesheet, payroll register, check stubs, bank statements, and any other additional documentation,
as requested.
Re on rting Quarter Due Date
January 1 —March 31 April 10
April 1 —June 30 July 10
July 1 — September 30 October 10
October 1 — December 31 January 10
The first financial report should be submitted no later than July 10, 2020. The final financial report is
due 60 days after the subaward end date.
[20-GRC-00899/ 1534369/11
1607
EXHIBIT B
Bureau of Justice Assistance's
Comprehensive Opioid Abuse Program
Building Bridges Between Jails and Community -
Based Treatment for Opioid Use Disorder
Bridges Implementation Bimonthly Report �
Grantee Name/Award Number: Use drop -down menu to select
Name of Person Completing This Form:
Email Address:
Reporting Period:
Please describe any accomplishments or success stories related to your Bridges activity during the reporting period.
Please describe any challenges related to your Bridges activity during the reporting period.
Please describe any changes to the work plan or proposed activities since the last report.
Please describe the key topics your team would like to discuss on the next bimonthly call.
+ +� MA'sComprrhensiv
?J;:Opioid Abuse
Program
[20-GRC-00899/ 1534369/ 11
1607
The following section seeks to understand the outcomes you are seeing as a result of this project. Where applicable, please
describe your outcomes in as quantifiable a manner as possible (using data) for each of the categories below.
QN/A
Please describe your community -level opioid overdose prevention activities this reporting period.
Please identify the specific goals of these activities.
Identify your partners in this effort.
What data are you using/tracking in this effort?
Please describe any outcomes during the reporting period (e.g., number of training/outreach programs).
2. Implementing effective linkage to care programs upon release from incarceration
QN/A
Please describe your activities related to implementing effective linkages to care upon release from incarceration this
reporting period.
2 / Building Bridges Between Jails and Community -Based Treatment
[20-GRC-00899/1534369/1]
1607
Please identify the specific goals of these activities.
Identify your partners in this effort.
What data are you using/tracking in this effort?
Please describe any outcomes during the reporting period (e.g., number of individuals connected to a community service
provider upon release from incarceration and how many of these individuals received services from that provider).
O N/A
Please describe your collaborative activities this reporting period.
Please identify the specific goals of these activities.
Please describe any efforts to scale up promising interventions this reporting period.
3 / Building Bridges Between Jails and Community -Based Treatment
[20-GRC-00899/1534369/11
r• 1
What data are you using/tracking in this effort?
Please describe any outcomes during the reporting period (e.g., number of individuals referred to an outreach team and how
many of these individuals received services, number of individuals referred to reentry programming and how many of these
individuals received services in the community).
Please upload any documents or reports relevant to your program in addition to submitting this report.
About BJA
BJA provides leadership and services in grant administration and criminal justice policy development to support local, state,
and tribal law enforcement in achieving safer communities. To learn more about BJA, visit www.bia.aov and follow us on
Facebook (www.facebook.com/DO3BJA) and Twitter (@DOJBJA). BJA is part of the U.S. Department of Justice's Office of
Justice Programs.
This project is supported by Grant No. 2017-AR-BX-KO03 awarded by the Bureau of Justice Assistance (BJA). BJA is a component of the Office of
Justice Programs, U.S. Department of Justice. The contents of this document were developed by IIR and do not represent the official position or
policies of the U.S. Department of Justice.
4 / Building Bridges Between Jails and Community -Based Treatment
[20-GRC-00899/1534369/1 1
EXHIBIT C 1607
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REUEST FOR PAYMENT
Entity Name:
Entity Address:
Project Title:
Project #:
Payment Request #:
Total Payment:
Pay Request Time Period:
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. Current Grant Balance $ -
By Submitting this from, I certify that, to the best of my knowledge and belief, all services/expenses included in this invoice are true,
complete, and accurate and comply with the terms of the Subaward Agreement and federal regulations, and that the services have been
provided and expenses incurred for this project and have not been reimbursed or funded by any other contract, award, or other source
of funds.
Signature Title Date
OFFICE USE ONLY:
izing Grants Coordinator: Authorizing Accountant
Supervisor (Approval Required up to $15, 000.00
Division Director (Approval Required $15, 000.00 and Above)
[20-GRC-00899/ 1534369/ 11
1607
EXHIBIT D
Institute for Intergovernmental Research (IIR)
Breach of Personally Identifiable Information Procedures
(September 2018)
These procedures apply to any actual, imminent, or attempted but unsuccessful breach of
personally identifiable information (PII) created, collected, used, processed, stored, maintained,
disseminated, or disclosed by the Institute for Intergovernmental Research (IIR) by IIR
employees and those performing efforts on behalf of IIR.
• Personally identifiable information encompasses "personal information," as may be defined by
state law, as well as any other information that can be used to distinguish or trace an individual's
identity, either alone or when combined with other information that is linked or linkable to a specific
individual.'
Breach means the loss of control over, the unauthorized disclosure or acquisition of, or any similar
occurrence affecting IIR PII where:
(1) An unauthorized user accesses or potentially accesses PII; or
(2) An authorized user accesses or potentially accesses PII for an other -than -
authorized purpose.2
"Breach" includes attempted but unsuccessful attempts, events such as the loss or
theft of physical documents containing PII, the loss or theft of portable electronic
devices storing PII, the inadvertent disclosure of PII on a public website, or oral
disclosure of PII to a person not authorized to receive that information.3 Areported
or known incident may, upon investigation, later be determined to have involved a
breach of PII.
• Incident is an occurrence that (1) actually or imminently jeopardizes, without lawful authority, the
integrity, confidentiality, or availability of information or an information system; or (2) constitutes a
violation or imminent threat of violation of law, security policies, security procedures, or acceptable
use policies.4
'See 2 Code of Federal Regulations (CFR) § 200.79. PII, for breach purposes, may include information about an individual that is available in
public sources. The term "PIP is necessarily broad. To determine whether breached information is PII, IIR must perform on a case -by -case
basis an assessment of the specific risk that an individual can be identified using the information with other information that is linked or linkable
to the individual and applicable federal and state law. PII, for breach purposes, might not include information that is encrypted, secured,
anonymized, or modified by any other method or technology that removes elements that personally identify an individual or that otherwise
renders the information unusable. See, for example, Office of Management and Budget (OMB) M-17-12 at
https:Hobamawhitehouse.archives.sov/sites/default/files/omb/memoranda/2017/m-17-12 O.odf.
2OMB M-17-12.
[20-GRC-008 99/ 15 34369/ 11
1607
'Good -faith access of personal information by an employee or agent of IIR may not constitute a breach, provided that the information is not
used for a purpose unrelated to the business or subject to further unauthorized use. State statutory defmitions of "breach" must also be reviewed
in states where IIR employees or those performing efforts on behalf of IIR deal with PII (e.g., Section 501.171, Florida Statutes, and Tennessee
Code §47-18-2107).
'OMB M-17-12.
IIR Breach Standards
IIR shall take reasonable measures to protect and secure data in electronic or any other form
containing PII and shall promptly respond to any suspected or actual breach of PII.
In handling PII, IIR is responsible for providing information security protections against the
harm resulting from the unauthorized access, use, disclosure, disruption, modification, or
direction of:
(1) Information collected or maintained by IIR or on behalf of entities for which IIR is
performing services or efforts.
(2) Information systems used or operated by IIR on behalf of entities for which IIR is
performing services or efforts.
Any third party acting on behalf of IIR who handles, maintains, or accesses systems for
IIR that contain PII shall follow these IIR standards and procedures.
Any reported suspected or actual breach of PII involving IIR operations or the operations of those
acting on behalf of IIR must be promptly addressed. IIR will conform with all required breach
notifications or other obligations related to IIR breaches of PII, as defined by applicable federal and state
laws.5
All IIR employees and any other individuals handling, maintaining, or accessing PII on behalf of
IIR at any location shall immediately report a suspected or confirmed breach in any form to the
IIR Chief Information Officer (CIO). Do not wait for confirmation that a breach has in fact occurred
before reporting a suspected breach to the CIO. Undue delay may undermine IIR's ability to apply
preventative and remedial measures to protect the PII or reduce the risk of harm to potentially affected
individuals.
Any misplaced, lost, or potentially stolen device containing PII should be reported to the CIO
immediately, even if there is a belief that the device may later be located 6 If the CIO is unavailable,
notify an IIR manager. That manager must then promptly ensure that appropriate IIR IT security
personnel are immediately notified.
The CIO will notify the IIR Chief Executive Officer (CEO) of the actual or suspected breach
and take appropriate steps to respond to any actual or suspected breach, including ensuringthat
required notifications are timely made.' The CIO may enlist the assistance of others within IIR
to help implement a prompt and effective response to a breach and to ensure that applicable
federal and state law requirements are met. The response of IIR shall take into account the nature
[20-GRC-00899/1534369/ 11
1607
of the breach, the context in which the PII has been breached, and the actual or probable risk of
harm to individuals potentially affected by a breach.8
Failure by IIR employees to conform with these requirements may result in discipline. Failure
by entities under contract with IIR to conform with applicable requirements may result in
termination of their contractual status.
Compliance With Federal Grant Breach Notification Reguirements
When IIR, as a grant recipient, uses or operates a federal information system9 or creates,
collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of PII within the
scope of a federal award, IIR shall ensure that its procedures to respond to a breach are followed
and that IIR conforms with any terms and conditions imposed by its client(s) in the event of a
breach.
As required by federal grant conditions, IIR must report an actual or imminent breach of PII to
an OR (award) Program Manager no later than 24 hours after an occurrence of an actual breach
or the detection of an imminent breach.
LS �j r jILIVIMLi • :•i n•i
IIR and entities acting on behalf of IIR shall ensure that they comply with all notification
obligations required by state law applicable to the site in which IIR activities involving PII are
occurring.
The IIR CIO shall conduct an internal analysis of any attempted or actual breach of PII collected
or maintained by IIR to determine whether additional security standards or other procedures are
needed and whether all required actions, notifications, and responses have occurred in a timely
fashion. The CIO should forward a formal written after -action report to the IIR CEO, including
any suggested revisions to current procedures or needed additional security standards.
'Section 501.171, Florida Statutes, applies to IIR's Florida activities, since IIR is a Florida corporation. Tennessee Code § 47-18-2107 applies
to IIR's Tennessee -sited activities. Statutes of other states in which IIR employees or agents handle PII may also apply on a case -by -case basis.
'Such devices include, but are not limited to, laptops, tablets, and cell phones.
'Notices may be required by federal or state law, grant special conditions, or government rules or regulations
'For example, a generic list of law enforcement personnel and their associated office phone numbers may not be of concern. However, a list of
law enforcement personnel engaged in undercover investigations, a list revealing family members or residential addresses, and PII revealing
personal medical information are of concern.
'See OMB Circular A-130
[20-GRC-00899/ 1534369/ 11
1607
EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding your organization's 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 the guidelines established by
established by 2 CFR Part 200, Subpart F — Audit Requirements. 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
Total State Financial Assistance Expended during
during most recently completed Fiscal Year
most recently completed Fiscal Year
Check A. or Es. Checkif applicable
❑
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed
or will be completed by . Copies of the audit report and management letter
are attached ui will be piovided Mth 30 days of completion.
MWe are not subject to the requirements of OMB 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 report. 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
Signature Date
Print Name and Title
06/18
[20-GRC-00899/1534369/11