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Agenda 07/13/2021 Item #16D 5 (1st Amendment to Drug Court Discretionary Grant Program)07/13/2021 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairperson to sign the First Amendment to the Drug Court Discretionary Grant Program Agreement between Collier County and the David Lawrence Mental Health Center, Inc., and the Office of Justice Programs Checklist to Determine Subrecipient or Contractor Classification. OBJECTIVE: To continue to provide a post-adjudication, court-supervised, substance abuse Drug Court Program for those persons involved in the criminal justice system. CONSIDERATIONS: On June 9, 2020, Agenda Item #16D14, the Board of County Commissioners (Board) approved the submission of an application for participation in the Adult Drug Court Enhancement program. The program is funded through the U.S. Department of Justice, Bureau of Justice Assistance (BJA), through Grant #2020-DX-BX-0138. Subsequently, on February 23, 2021, Agenda Item #16D5, the Board executed a grant agreement with the U.S. Department of Justice to receive $500,000 in federal funds. On April 27, 2021, Agenda Item #16D6, the Board approved the sub-agreement between Collier County and the David Lawrence Mental Health Center, Inc. (DLC). The Agreement between Collier County and DLC will allow the non-profit agency to continue the operation of the program as outlined and approved in the application submitted to the U.S. Department of Justice, BJA. Collier County has proposed an initiative to enhance the program through integration of a Recovery Oriented System of Care, expanded drug testing, enhanced peer suppor t, and enhanced data collection and evaluation. Currently, the drug court capacity is seventy (70) participants and through this Agreement ninety (90) new drug court admissions are proposed over the next three (3) years. The Program will continue to serve adults eighteen (18) years and over, who have been arrested; are substance dependent, and are at risk of failing in less intensive rehabilitation programs. The First Amendment to the Agreement makes the following changes: 1. Section 1.1, formatting change; 2. Section 1.2, modifies language regarding match requirements and payment submission schedule; 3. Section 1.4, adds clarifying language regarding performance deliverables; 4. Section 1.6, revises contact information for notices; 5. Section 4.3, removes duplicate wording; 6. Section 4.4, adds e-verify language regarding employment eligibility; 7. Section 4.22, revises FAIN number; 8. Replaces Exhibit C, Quarterly Progress Report. The Office of Justice Programs Checklist to Determine Subrecipient or Co ntractor Classification is a document used to identify whether our organization has determined the David Lawrence Mental Health Center, Inc, a subrecipient (which they are) or a contractor. It is required to be completed by all OJP recipients. FISCAL IMPACT: There is no new Fiscal impact with the above amendment. The funding source for this grant is Community & Human Services Grant Fund (707) Project 33737. 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 16.D.5 Packet Pg. 1554 07/13/2021 RECOMMENDATION: To approve and authorize the Chairperson to sign the First Amendment to the Drug Court Discretionary Grant Program Agreement between Collier County and the David Lawrence Mental Health Center, Inc., and the Office of Justice Programs Checklist to Determine Subrecipient or Contractor Classification. Prepared By: Rachel Brandhorst, Grant Coordinator, Community and Human Services Division ATTACHMENT(S) 1. [Linked] EXECUTED AGREEMENT _DLC 2021-BJA-01_Drug Court (PDF) 2. Office of Justice Programs- Checklist to Determine Subrecipient or Contractor Classification (PDF) 3. [Linked] Amendment No. 1 Drug Court- DLC- Final (PDF) 16.D.5 Packet Pg. 1555 07/13/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.5 Doc ID: 16139 Item Summary: Recommendation to approve and authorize the Chairperson to sign the First Amendment to the Drug Court Discretionary Grant Program Agreement between Collier County and the David Lawrence Mental Health Center, Inc., and the Office of Justice Programs Checklist to Determine Subrecipient or Contractor Classification. Meeting Date: 07/13/2021 Prepared by: Title: Grants Coordinator – Community & Human Services Name: Rachel Brandhorst 06/03/2021 4:13 PM Submitted by: Title: Manager - Federal/State Grants Operation – Community & Human Services Name: Kristi Sonntag 06/03/2021 4:13 PM Approved By: Review: Community & Human Services Kristi Sonntag CHS Review Completed 06/04/2021 4:28 PM Community & Human Services Tami Bailey Additional Reviewer Completed 06/07/2021 11:20 AM Community & Human Services Maggie Lopez Additional Reviewer Completed 06/07/2021 11:42 AM Community & Human Services Blanca Aquino Luque Additional Reviewer Completed 06/08/2021 10:36 AM Operations & Veteran Services Kimberley Grant Additional Reviewer Completed 06/09/2021 3:13 PM Public Services Department Todd Henry Public Services Department Completed 06/10/2021 10:05 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/14/2021 1:51 PM Grants Erica Robinson Level 2 Grants Review Completed 06/16/2021 2:34 PM Public Services Department Dan Rodriguez PSD Department Head Completed 06/17/2021 1:19 PM Community & Human Services Leslie Davis Additional Reviewer Completed 06/17/2021 1:25 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/17/2021 1:32 PM Grants Therese Stanley Additional Reviewer Completed 06/22/2021 10:23 AM Budget and Management Office Ed Finn Additional Reviewer Completed 06/22/2021 2:49 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/23/2021 2:23 PM County Manager's Office Sean Callahan Level 4 County Manager Review Completed 06/30/2021 8:22 AM Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM 16.D.5 Packet Pg. 1556 16.D.5.b Packet Pg. 1557 Attachment: Office of Justice Programs- Checklist to Determine Subrecipient or Contractor Classification (16139 : Drug Court Discretionary 16.D.5.b Packet Pg. 1558 Attachment: Office of Justice Programs- Checklist to Determine Subrecipient or Contractor Classification (16139 : Drug Court Discretionary 16.D.5.b Packet Pg. 1559 Attachment: Office of Justice Programs- Checklist to Determine Subrecipient or Contractor Classification (16139 : Drug Court Discretionary FAIN # ADC 2020-DC-BX-0138 Federal Award Date 10/1/2020 Federal Award Agency DOJ-Bureau of Justice Assistance BJA CFDA Name Drug Court Discretionary Grant Program CFDA/CSFA# 16.585 Total Amount of Federal Funds Awarded $450,000.00 Subrecipient Name David Lawrence Mental Health Center, Inc. DUNS# 096580782 FEIN# 59-2206025 R&D No Indirect Cost Rate No Period of Performance l/l/2021 to 9/30/2023 Fiscal Year End 06/30 Monitor End: 12/2023 AGREEMENT BETWEEN COLLIER COUNTY AND DAVID LAWRENCE MENTAL HEALTH CENTER, Inc. (dba) DAVID LAWRENCE CENTER Drug Court Program kh THIS AGREEMENT, made and entered noon this a1 day of 2021, by and between Collier County, a political subdivision of the State of Florida, ( OUNTY) having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and David Lawrence Mental Health Center, Inc. (SUBRECIPIENT), a private not -for -profit corporation, 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 a 2021-BJA-01 � Adult Drug Court Page 1 of35 PART SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing BJA 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 serve persons 18 years and older, who have been arrested; are substance dependent; and at risk of failing in less intensive rehabilitation programs. Participants shall receive any or all services including case management, treatment, drug testing, and incidental expenses and supplies. If needed, participants have access to a full array of Medication Assisted Treatments (MAT) at either the primary treatment provider, David Lawrence Center, the local methadone clinic, or other community providers. The program will include salaries, travel and training cost associated with program delivery. 17f�H 7l�fl�[:1►17.97DCy/�7[K17►i1] IT�1 [�7►[.v A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed schedule for the implementation of the project. B. The following resolutions and policies must be submitted to CHS within sixty (60) days of this Agreement: ® Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ® Procurement Policy ® Sexual Harassment Policy ❑ Section 3 Policy ® Section 504/ADA Policy ® Fraud, Waste, and Abuse Policy ® Limited English Proficiency Policy (LEP) ® Violence Against Women Act (VAWA) ® Equal Access for Transgender Persons Policy (LGBTQ Policy) Personally Identifiable Information (PII) Policy ® C. Environmental Review Requirement (ERR) —N/A Annual Subrecipient Training —All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS-sponsored Annual Subrecipient Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered Subrecipient training, relevant to the Project, as determined by the Grants Coordinator, not to exceed four (4) sessions. David Lawrence Center 2021-BJA-01 � Adult Drug Courl Page 2 of 35 C� Requests for exemption, under this special condition, must be submitted to the Grant Coordinator, in writing, at least 14 days, prior to the training. 1.2 PMOJICCT DETAILS A. Project Description/Project Budget Descri tion Federal Amount Match Liabili Personnel $212,025.00 $1505000.00 Training & Travel $15,026.00 $0.00 Su lies &Incidentals $2223949.00 $0.00 Match Funds $1503000000 Minimum Required match 25% of total BJA funds expended Grand Total $600,000.00 $150,000.00 SUBRECIPIENT shall provide Match funds quarterly throughout the grant term. The match amount 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 beneficiary documentation to the COUNTY, as requested, ® Provide Quarterly Progress Reports ® Ensure 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 L I agreement 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 by the 201 day following the end of the quarter. Annual Audit Monitoring Report Exhibit D Annually, 60 days after FY end Financial and Compliance Audit Audit, Management Letter, and Annually, nine (9) months for Supporting Documentation Single Audit David Lawrence Center 2021-B1A-OI Adult Dmg Court Page 3 of 35 a� Cl Program Income General Ledger reports N/A identifying project revenue and expenses Drug Court Policies and Policy and Procedure Manual 6/30 annually and updates per Procedures Manual occurrence C, Payment Deliverables Pa ment Deliverable Pa ment Suppoitin Documentation Submission Schedule Project Component 1: Personnel Submission of supporting documents Monthly by the 101 of must be provided as backup, as evidenced the month following by timesheet, payroll register, check the month of service stubs, bank statements, and any other additional documentation, as requested. Exhibit B Project Component 2: Travel and Submission of supporting documents Monthly by the 10"' of Training must be provided as backup, as evidenced the month following by training agenda, check stubs, bank the month of service statements, and any other additional documentation, as requested. Exhibit B. Travel expenses are required to be in compliance with GSA per diem rates. Project Component 3: Incidentals Submission of supporting documents Monthly by the 101" of and Supplies must be provided as backup, as evidenced the month following by invoices, check stubs, bank statements, the month of service and any other additional documentation, as requested, Exhibit B Match Match documentation along with Monthly by the 10" of supporting documents and Exhibit 134. the month, until 25% of the funded amount Match shall be a minimum of 25% of the is reached. total invoice amount, until 25% of the funded amount is reached. If match is exceeded at any time, match submission will not be required until expenditures exceed submitted match to date. 1.3 PERIOD OF PERFORMANCE SIT) RECIPIENT Services shall begin on January 1, 2021 and end on September 30, 2023. 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 authol•ized, in writing, by formal letter to the SUBRECIPIENT. Dflvid Lawrence Center 2021-BJA-01 Adult Drug Court Page 4 of 35 ��J C' 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available FOUR HUNDRED AND FIFTY THOUSAND DOLLARS AND ZERO CENTS ($450,000.00) for use by the SUBRECIPIENT during the term of the Agreement (hereinafter, referred to as the "Funds"). SUBRECIPIENT is permitted to submit for expenses incurred from January 1, 2021 forward. The SUBRECIPIENT shall also submit match funds, in the amount of ONE HUNDRED AND FIFTY THOUSAND DOLLARS AND ZERO CENTS ($150,000.00). Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between line items shall not be more than 10 percent of the total funding amount. The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of DOJ funds until 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 SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of DOJ funds until funds are needed for eligible costs, and all disbursement requests must be litnited 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 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 to 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. No payment will be made until approved by CHS for grant compliance and adherence to 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." In accepting grant funding from the COUNTY, SUBRECIPIENT agrees that these funds cannot and must not be utilized for expenditures already covered by other funding resources received. SUBRECIPIENT may not request reimbursement for expenses under agreement 2020-DC-BX- 0138 that have been previously submitted under agreement 2017-DC-BX-0053 or any prior agreement. This would be considered a duplication of benefits, which is prohibited by law. If a duplication of benefits occurs, COUNTY reserves the right to recoup those funds. David Laxrence Center 2021-Q1A-01 / Adult Dog Court Page 5 of 35 ;UV J 1.5 COST PRINCIPLES Payments to 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 (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 project referenced above, as defined in 2 CFR 200.413. 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 200.318-200.327. 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. 1.6 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: Catherine Redfield ,Grant Coordinator Collier County Government Community and Human Services Division 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Catherine.redfield@collicrcountyfl.gov Telephone: (239) 2524425 SUBRECIPIENT ATTENTION: Scott Burgess, President and CEO David Lawrence Mental Health Center, Inc. 6075 Bathey Lane Naples, Florida 34116 Email: scottb@dlcenters.org Telephone: (239) 354-1425 Remainder of Page Intentionally Left Blank David Lawrence Center 2021-B7A-01 � �� Adult Drug Court Page G of 35 PART 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 for review, inspection, or audit all records, documentation, and any other data relating to all matters covered by the Agreement. The SUBRECIPIENT must fully clear all deficiencies noted in the audit report within 30 days of receipt of the report. Failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.5010 The determination of Federal award amounts 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 is not limited to: A. All records required by DOJ/BJA regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily world be required by COUNTY to perform the service. C. The SUBRECIPIENT shall make available at any time upon request by the COUNTY or CIS, all reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this Agreement,. 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 fiends 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. 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 three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR David Lawrence Center 2021-BJA-Ol Adult Dnig Court Page 7 of35 200.334; However, if any litigation, claim, or audit that is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after closeout of this Agreement, it shall notify the COUNTY in writing, of the address where the records are to be kept, as outlined in 2 CFR 200,337. SUBRECIPIENT shall meet all requirements for retaining public records and transfer at no cost to COUNTY, all public records in SUBRECIPIENT's possession upon termination of the Agreement and destroy any duplicate exempt or confidential public records that are released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. E. The SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and other federal requirements for grant implementation. F. SUBRECIPIENT will be responsible for the creation and maintenance of client eligibility files 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 compliance with the eligibility requirements) under which funding was accomplished. This includes DOJlBJA special considerations and reporting requirements. 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 exempt or confidential public records that are released fiom public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.337 and 2 CFR 200.338. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1199 FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, Michael.Cox@colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit d) no later than 60 days after SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for David Lawrence Center 2021-B1A-01 O Adult Drug Court Page 8 of 35 pY� Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. 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 desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS, SUBRECIPIENT shall submit information and status reports required by CHS or DOJ to enable CHS to evaluate said progress and allow for completion of required reports. 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 SUBRECIPIENT's performance in an attempt 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 fm•ther defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable time period after being notified by CHS, Agreement 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, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide for 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 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 fraud, waste, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to COUNTY, or 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 Agreement. Penalties may be imposed for failure to implement or make acceptable progress on such corrective action plans. David Lawrence Cenler 2021-B1A-01 Adult Dnig Court rage 9 of 35 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. The escalation policy for noncompliance is as follows: Initial noncompliance may result in CHS issuing Findings or Concerns to SUBRECIPIENT, which will require a corrective action plan to be submitted to CHS within 15 days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held, until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan in a timely manner, CHS may require a portion of the awarded grant amount be returned to the COUNTY. • CHS may require upwards of five percent (5%) of the award amount to be returned to the COUNTY, at the discretion of the Board. • SUBRECIPIENT may be considered in violation of Resolution No. 2013-228 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by certified mail; CHS 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 CHS. • The COUNTY may require upwards often percent (10%) of the award amount be returned to CHS, at the discretion of the Board. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228 4. If after repeated notification the SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend termination of the Agreement or award. • CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all funds disbursed by CHS for the project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of the properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228 Duvid Lawrence Cenler 2021-B1A-01 Adult Dmg Court Page 10 of 35 If SUBRECIPIENT has multiple agreements with CHS and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports and on resolution of monitoring findings required by this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, 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 agrees to include, a comprehensive final report covering the agreed -upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which 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. Remainder of Page Intentionally Left Blank David Lawrence Center 2021-BJA-01 Adult Drug Court Page 11 of35; Y)� ,\ PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcon racted 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 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 Agreement. 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 always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as SUBRECIPIENT is independent from the COUNTY. 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 Board. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from iIs obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, available funding amounts, or other reasons. If such amendments result in a change in the funding, scope of services, or schedule of activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate fiom DOJ/BJA grant funds and must be implemented in full compliance with all DOJ{BJA rules and regulations and any agreement between COUNTY and DOJ/BJA governing Drug Como Program 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/BJA to the COUNTY, to a level determined by the County Manager to be insufficient to adequately administer the project, the financial resources necessary to continue to pay the SUBRECIPIENT all or any portion of the funds will not be available. In either event, the COUNTY may terminate this Agreement, which shall be effective as of the date it is determined by the County Manager or designee, in his -her sole discretion and judgment, that the funds are no David Lawrence Center 2021-BJA-Ol Adult Drug Court Page 12 of 35 longer available. In the event of such termination, SUBRECIPIENT agrees that it will not look to, or 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, 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 or omission, including but not limited to, reasonable attorneys' 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 that 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, defend all suits in the name of the COUNTY, and pay all costs (including attorney's fees) and judgments which may issue thereon. 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 or termination of this Agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHH'S SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the Program sponsorships, research reports, and similar public notices, whether printed or digitally prepared, released by SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. BUREAU OF JUSTICE ASSISTANCE (BJA) 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 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 COUNTY or• the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in David Lawrence Center 2021-BJA-01 Adult Drug Court Page 13 of 3S �' its entirety. This Agreement may also be terminated by the COUNTY if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. SUBRECIPIENT's failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and/or DOJ guidelines, policies, or directives as may become applicable at any time; B. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner; C. SUBRECIPIENT's ineffective or improper use of funds provided under this Agreement; D. SUBRECIPIENT's submission to the COUNTY of reports that are incorrect or incomplete in any material respect. E. SUBRECIPIENT's submission of any false certification; F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement; O. SUBRECIPIENT's failure to materially comply with the terms of any other agreement between the COUNTY and 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; Require the use of, or change in, professional property management; C. Require SUBRECIPIENT to immediately repay to the COUNTY 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 specifying the effective date of such termination. If COUNTY terminates the Agreement, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 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. David Lawrence Center 2021-nJA-01 Adult Drug Court Page 14 of 35 The COUNTY 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. 3.10 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. Said insurance shall be carried continuously, during SUBRECIPIENT's performance under the Agreement. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and Scope of Work, the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), and Federal regulations for the Department of Justice, Bureau of Justice Assistance, and Collier County Adult Drug Court Enhancement Grant provisions. 3.12 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200317 through 200.327) and Collier County's purchasing thresholds. Ran e: Com etition Re uired $0 - $5000 3 Written Quotes $5001 + Formal Solicitation (ITB, RFP, etc. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. All improvements specified in Part I, Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to the COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts for improvements with the lowest, responsible, and qualified bidder. In accordance with 2 CFR Appendix II(J) and 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Contract administration shall be managed by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.13 PROGRAM GENERATED INCOME Program Income is anticipated. Program Income derived from the use of DOJ funds disbursed under this Agreement shall be retained by SUBRECIPIENT for use in the Drug Court Grant Program. Any Program Income (as such term is defined under applicable Federal regulations) David Lawrence Center ; _\ 2021-BJA-01 1 Adult Drug Courl Page 15 of 35 • gained from any SUBRECIPIENT activity funded by DOJ funds, shall be reported to the COUNTY and utilized by SUBRECIPIENT, in compliance with 2 CFR 200.307, in the operation of the Program. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY. 3.14 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 90 days after the expiration of the Agreement. Activities during this closeout period shall include but are not 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, SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention law 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 that 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 comply with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344. 3.15 OPPORTUNITIES FOR RESH)ENTS 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 area shall be given opportunities for training and employment. In addition, eligible business concerns located or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project, to the greatest extent feasible. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968, 3.16 OPPORTUNITITES FOR SMALL AND MINORITYNVOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses minority business and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "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 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "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. David Lflw•rence Center 2021-B1A-01 `'J Adult Drug Court Page 16 of35 \iJ 3.17 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program, pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the disbursement of funds. 3.18 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with 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. In addition, it will not employ or subcontract any person having any conflict of interest. SUBRECIPIENT covenants that it will comply with all Federal "Conflict of Interest", 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. 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 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. 3.19 INCIDENT REPORTING If services to clients are to be provided under this Agreement, SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. 3.20 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 Censer 2021-B1A-01 - Adull Drug Court Pege 17 of 35 ,, � i,, PART IV SPECIAL 4.1 Requirements of the award; remedies for noncompliance or materially false statements. The conditions of this Agreement are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the SUBRECIPIENT that relate to conduct during the period of performance is also a material requirement of this award. Failure to comply with one or• more of these award requirements, whether• set out in full or• by reference below, may result in the Office of Justice Programs (OJP) or the 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, ot• fraudulent statement to the Federal government related to this award, or concealment or omission of a material fact, may be subject to criminal prosecution (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 (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 CFR Part 2800 (together, the "Part200 Uniform Requirements") apply to this award from OJP. For more information and resources on Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at: https://ojp.gov/funding/Part200UniformRequirements,htm, Record retention and access: Records pertinent to the award that the SUBRECIPIENT must retain -- typically for• a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the SUBRECIPIENT must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334. 4.3 Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financiaiguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. David Lawrence Center 2021-B1A-01 Adult Dmg Court Page 18 of 35 4.4 Employment eligibility verification for hiring under the award 1. The SUBRECIPIENT must — A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both— (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring SUBRECIPIENT compliance with this condition will be monitored by CHS. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4• Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all SUBRECIPIENT officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify, For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the SUBRECIPIENT may choose to participate in, and use, E-Verify (www.e- verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of David Lawrence Center 2021-B1A-01 Adult Drug Court Page 19 of 35 - - � �'I ,1 a "Tentative Non -confirmation" or a "Final Non -confirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Co.RiGuam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require SUBRECIPIENT, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve SUBRECIPIENT, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) and (2). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E- Verify employer agents can email E-Verify at E-Veri EmployerAgenj@dhs.gov. 4.5 Requirement to report actual or imminent breach of personally identifiable information (PII) The SUBRECIPIENT must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17A2) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of an OR grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OR Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 4.6 Unreasonable restrictions on competition under the award; association with federal government 1. No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOD Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring awards to be "rnanage[d] and administered] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[a]II procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ. David Lawrence Center 2021-m1A-01 Adull Drug Court Pflge 20 of 35 r// l r\r' I 2. Monitoring SUBRECIPIENT compliance with this condition will be monitored by CHS. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant recipient or-subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future. B. Nothing in this condition shall be understood to authorize or require SUBRECIPIENT, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. 4.7 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 proposes of this condition, as "employees" of the SUBRECIPIENT. Details of the SUBRECIPIENT's obligations associated with prohibited conduct related to trafficking in persons are posted on the OJP web site at: https://oip.pov/funding/Explore/ProhibitedConduct-Traffickin .Ig itm Award condition: Prohibited conduct by recipients and Subrecipients related to trafficking in persons, including reporting requirements and OJP authority to terminate the award, are incorporated by reference here. 4.8 Determination of suitability to interact with participating minors The SUBRECIPIENT must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OR web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors) and are incorporated by reference here. David Lawrence Center 2021-B1A-01 Adult Dmg Court Page 2l of 35 \ 4.9 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 appear in the DOJ Grants Financial Guide, currently, at section 3.10 of "Post -award Requirements" in the " DOJ Grants Financial Guide". 4.10 Performance and Effectiveness Data Requirement 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 ON 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. 4.11 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 Subgramees, available at https•//ojp.Pov/funding/Implement/Trainin Pg rinciplesForGrantees-Subgrantees htin. 4.12 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 the SUBRECIPIENT does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements, as determined by the DOJ awarding agency or CHS; by the terms of this award; or other outstanding issues that arise in connection with audits, investigations, or reviews of Federal awards. 4.13 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 CFR Part 42 The SUBRECIPIENT must comply with all applicable requirements of 28 CFR Part 42, specifically including any applicable requirements in Subpart E of 28 CFR Part 42 that relate to an equal employment opportunity program. 4.14 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 CFR Part 54 The SUBRECIPIENT must comply with all applicable requirements of 28 CFR Part 54, which relates to nondiscrimination based on sex in certain "education programs." David Lawrence Cenler 2021-BJA-01 •� Adult Drug Court Pagc 22 of 35 4.15 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 CFR Part 38 The SUBRECIPIENT must comply with all applicable requirements of 28 CFR Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Among other things, 28 CFR 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, 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. 4.16 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 bared 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, subgrant, 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. 4.17 Compliance with general appropriations -law restrictions on the use of federal funds (FY 2020) The SUBRECIPIENT must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pe>4inent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2017, are set out at: httns://ojp.pov/funding/Explore/FY17AppronriationsRestrictions.htm, and are incorporated here by reference. 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 from CHS and OJP. David Lawrence Center 2021-B1A-01 Adult Drug Court Page 23 of 35 � !.. \ 4.18 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, in connection with 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). https:hvww.usdo0 og v/oig, 4.19 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. 4.20 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 41U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, 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 OR for guidance. 4.21 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. 4.22 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 David Lawrence Center 2021-BJA-01 Adult Drug Court Page 24 of 3S 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-0138 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. 4.23 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 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). 4.24 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. 4.25 Justification of 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. 4.26 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. David Lawrence Center 202I-B1A-01 Adult Dmg Court Pagc 25 of 35 4.27 Drug Court Key Components All BJA-funded adult drug courts must be operated based on the 10 key components for drug courts, which are found in BJA's and National Association of Drug Court Professional's (NADCP) publication: Defining Drug Courts: The Key Components at https://www,ncjrs.eov/pdffiles l /bja/205621.pdf. During the grant period of performance, if BJA concludes that a funded drug court is not conforming to the 10 key components, it retains the right to place the award recipient on a corrective action plan to bring the drug court into conformance. Continued failure to maintain conformance to the key components may result in a hold placed on award funds or suspension/termination of the grant award agreement 4.28 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 mote 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. 4.29 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 required treatment and services to address opioid abuse reduction. 4.30 Employee Compensation Cap With respect to this award, federal fiends may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110 percent 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 p1•ogtam announcement under which this award is made. 4.31 Drug Court Policies and Procedures Manual The SUBRECIPIENT agrees to develop and maintain a Drug Court Policies and Procedures manual for pr•ogt•am operation. The Policies and Procedures manual must be submitted to CHS by the end of the first year of the grant period to comply with this requirement. Signature Page to Follow David Lawrence Center 2021-BJA-01 Adult Drug Court Page 26 of 35 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: CRYSTAL K. KINZEL; CL .. A J Aftest as to NirmAms p signature only. Dated: 3 a ( EAL) Approved as to form and legality: BOARD OF COUNTY COMMISSIONERS OF COLLIE C UNTY, FLORIDA By: in PENNY T LOR C AIRPERSON Date: DAVID LAW�ENCEiI�[ENTAL HEALTH BURGESS, PRESIDENT AND CEO Date: ✓L/T//avW Jennifer . Belpedio Assistant County Attorney 7 \ Date: 4V a 1 a David Lawrence Center 2021-B1A-01 Adult Drug Court Page 27 of 35 I �11III11M_Y:1 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: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. 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. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage, DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in I — 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 Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. 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 buildings) 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). David Lawrence Cenier 2021-B1A-01 Adult Drug Court Page 28 of 35 � — 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 Agreement: 7. 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 Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage, 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 tluough the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. David Lawrence Center 2021-BJA-Ol Adult Drug Courl Page 29 or35 EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: David Lawrence Mental Health Center, Inc. SUBRECIPIENT Address: 6075 Bathey Lane, Naples, Florida 34116 Project Name: Adult Drug Court Project No: 2021-BJA-O] Payment Request # Total Payment Minus Retainage: Period of Availability: 1(1/2021 _through 9/30/2023 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net of Retainage, if applicable) $ $ 4. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ $ 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 Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) David Lawrence Center 2021-B1A-01 Adult Drug Court I Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Page 30 of 35 Exhibit 13-1 Match Form Collier County Request for Match SECTION I: REQUEST FOR PAYMENT Subreci Tent Name: David Lawrence Mental Health Center, Inc Subreci lent Address: 6075 Bathey Lane, Naples, Florida 34116 Project Name: Adult Drug Court Project No: 2021-BJA-01 Match Request # Match Amount Re uest Toda : $0.00 SECTION I: STATUS OF FUNDS 1, Total Match Amount per Agreement $0.00 2. Total Amount of Previous Match Submitted (Insert Amount) $0.00 3. Total Match Amount Awarded Per Agreement Less Total Amount of Previous Match Submitted $0.00 4. Amount of Today's Request (Insert Amount) $0.00 5. Match Balance (Match per Agreement less the Sum of All Match Submitted) $0.00 I certify that this request for payment/match has been made in accordance with the terms and conditions of the Agreement behveen the COUNTY and us as the SUBRECIPIENT/DEYELOPER. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Date Authorizing Grant Accountant Department Director David Lawrence Center 2021-aJA-01 Adult Dmg Court Page 31 of35 � -) EXHIBIT C QUARTERLY PERFORMANCE REPORT Performance Measures Drug Court Treatment Program Program Goals Jan — Mar Apr - Jun Jul - Sep Oct — Dec Number of Individuals enrolled in program as of: Goal = 90 nonduplicated participants over the lifetime of the grant Phase 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. Month Assessment/ Orientation Month Assessment/ Orientation Month Assessment/ Orientation Month Assessment/ Orientations Total Month Active Phase I Participants Month Active Phase I Participants Month Active Phase I Participants Month Active Phase I Participants Phase II 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 addictions, relapse prevention techniques, and coping mechanism for stressful situations. Month Active Phase II Participants Month Active Phase It Partici ants Month Active Phase II Participants Month Active Phase II Participants Phase III Ongoing Treatment/Relapse Prevention Cont. This phase will address the client's ongoing recovery needs including maintaining total abstinence from all mind altering substances. 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. Month Active Phase III Partici ants Month Active Phase III Participants Month Active Phase III Partici ants Month Active Phase III Participants David Lawrence Center 2021-BJA-01 Adnit Dmg Court Page 32 of 35 Phase IV liecovery Maintenance The focus of this phase is implementing what the client has learned over the last three phases. During this phase the client is expected to fine-tune their recovery program and seek additional treatment and/or support as they feel necessary for continued recovery. Month Active Phase IV Participants Month Active Phase IV Participants Month Active Phase IV Participants Month Active Phase IV Participants Phase V After Care Month Active Aftercare Participants Month Active Aftercare Participants Month Active Aftercare Participants Month Active Aftercare Participants Dischar es Month Successful (S)/ Unsuccessful (U) Discharges Month Successful (S)/ Unsuccessful (U) Discharges Month Successful (S)/ Unsuccessful (U) Discharges Month Successful (S)/ Unsuccessful (U) Discharges Narrative Addressing the following Questions 1. Accomplishment during reporting period. 2. Goals Accomplished that Relate to Grant Application. 3. What problems/barriers were encountered, if any during the reporting period? 4. Were any major activities planned? 5. Any other information deemed of importance. David Lawrence Center 202]-B1A-O] Adult Drug Court Page 33 of 35 Department of Correction 1. Number of re -arrested 6 months post program 2. Number of re -arrested 12 months post program David Lawrence Center 202I-B)A-01 Adult Drug Court Page 34 of 35 '.. } EXHIBIT D ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200,332 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 Federal award amounts expended shall be in accordance with the guidelines 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 David Lawrence Mental Health Center, Inc First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY 07/01/2020 06/30/2021 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 B. Check C if 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 or will be provided within 30 days of completion, B. We 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 I hereby certify that the above information is true and accurate. Signature Date Print Name and Title David Lawrence Center 202(-BJA-01 Adult Drug Court 06/18 Page 35 of 35