Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Agenda 11/08/2022 Item #16D 7 (3rd Amendment to subaward agreement for the Treatment for Opioid Use Disorder Demonstration Project)
11/08/2022 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairperson to sign: (1) the Third Amendment to the Subaward Agreement between Collier County and the Institute for Intergovernmental Research for the Building Bridges Between Jails and Community -Based Treatment for Opioid Use Disorder Demonstration Project, (2) the corresponding First Amendment to the Subrecipient Agreement with the Collier County Sheriff's Office, (3) a Budget Amendment to recognize additional grant funding in the amount of $26,691. (Human Service Grant Fund 707) OBJECTIVE: To develop a local comprehensive criminal justice and community continuum of care plan for individuals with substance use disorders in the Collier County jail. CONSIDERATIONS: On February 25, 2020, The Board of County Commissioners (Board) approved the "After - the -Fact" submission of the grant application to the Bureau of Justice Administration (BJA), for the Building Bridges program administered by the Institute of Intergovernmental Research (11R) (Agenda Item #16D9). On March 24, 2020, (Agenda Item #16D4), the Board approved the acceptance of this award. Due to COVID restrictions implemented by jails during the Coronavirus Pandemic that limited inmate access to service providers coming into the jails the IIR offered extensions to all Bridges sites. On March 23, 2021 (Agenda Item #I 6D4), the Board authorized the First Amendment, which extended the period of performance for an additional six (6) months, from February 28, 2021 to August 31, 2021. Due to continuing program -wide impacts from COVID, the IIR offered a Second Amendment to assist Bridges sites. On October 12, 2021 (Agenda Item #16D7), the Board authorized The Second Amendment, which extended the end date of this agreement for an additional sixteen (16) months, from August 31, 2021 to December 31, 2022. The amendment also increased the awarded amount by $17,045. On June 17, 2022, the IIR offered a Third Amendment to extend the end date of the agreement for an additional two (2) months to February 28, 2023, and increase the awarded amount by $26,691. The total amount of the Agreement for the 36-month period March 1, 2020, through February 28, 2023, is not to exceed $137,486. Subrecipient Agreement: Collier County Sheriff's Office On December 14, 2021 (Agenda Item #16D20), the County and Subrecipient entered into an agreement for the Subrecipient to provide the implementation of Medication -Assisted Treatment (MAT) in jails and enhance collaboration between jails and community -based providers in the amount of $56,263.93. The First Amendment to the subrecipient's agreement will modify the period of performance from December 23, 2022 to February 28, 2023, adding an additional two (2) months, increasing the budget by $22,785 for a total award of $79,048.93, and revise County staff contact information. FISCAL IMPACT: A Budget Amendment is required to recognize additional grant funding in the amount of $26,691. Funds in the amount of $22,785 will be allotted to the Collier County Sheriffs Office/Building Bridges Project and $3,906 will be allotted to Grant Administration. There is no match required for this grant award. (Human Services Grant Fund (707), Project 33671) GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. -DDP RECOMMENDATION: To approve and authorize the Chairperson to sign: (1) the Third Amendment to the Subaward Agreement between Collier County and the Institute for Intergoverrunental Research for the Building Bridges Between Jails and Community -Based Treatment for Opioid Use Disorder Demonstration Project, (2) the corresponding First Amendment to the Subrecipient Agreement with the Collier County Sheriffs Office, (3) a I Packet Pg. 1161 11/08/2022 Budget Amendment to recognize additional grant funding in the amount of $26,691. Prepared By: Rachel Brandhorst, Grants Coordinator, Community and Human Services Division ATTACHMENT(S) 1. [linked] AGRMT 2020 03-01 BJA-IlR 2020-BRIDGES-0063 (PDF) 2. [1743409] 2020-BRIDGES-0063 Collier County BCC Subaward amend 3 w attach D- I jun22 - DDP Cert (PDF) 3. [linked] SUB-AGRMT 2021 12-01 BRIDGES21 Collier County Sheriffs Office (PDF) 4. IST AMEND 202102-28 BJA-IIR BRIDGES Extension to 202108-31 (PDF) 5.2ND AMEND 202108-31 BJA-IIR BRIDGES Extension to 2022 12-31 (PDF) 6. [1743463] [17434111 CCSO Bridges Amendment No. 19.6.22 final - DDP Cert (PDF) Packet Pg. 1162 11/08/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.7 Doe ID: 23372 Item Summary: Recommendation to approve and authorize the Chairperson to sign: (1) the Third Amendment to the Subaward Agreement between Collier County and the Institute for Intergovernmental Research for the Building Bridges Between Jails and Community -Based Treatment for Opiold Use Disorder Demonstration Project, (2) the corresponding First Amendment to the Subrecipient Agreement with the Collier County Sheriffs Office, (3) a Budget Amendment to recognize additional grant funding in the amount of $26,691. (Human Service Grant Fund 707) Meeting Date: 11/08/2022 Prepared by: Title: Grants Coordinator — Community & Human Services Name: Rachel Brandhorst 09/14/2022 12:19 PM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 09/14/2022 12:19 PM Approved By: Review: Community & Human Services Kristi Sonntag CHS Review Operations & Veteran Services Jeff Newman Additional Reviewer Community & Human Services Todd Henry Additional Reviewer Community & Human Services Tami Bailey Additional Reviewer Community & Human Services Blanca Aquino Luque Additional Reviewer Community & Human Services Cynthia Balterman Additional Reviewer Public Services Department Todd Henry PSD Level 1 Reviewer Grants Erica Robinson Level 2 Grants Review County Attorney's Office Derek D. Perry Level 2 Attorney Review Public Services Department Tanya Williams PSD Department Head Review Grants Therese Stanley Additional Reviewer Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Community & Human Services Maggie Lopez Additional Reviewer Grants Therese Stanley Additional Reviewer Office of Management and Budget Christopher Johnson Additional Reviewer County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 09/16/2022 8:00 AM Completed 09/19/2022 1:56 PM Skipped 09/20/2022 8:14 AM Completed 09/20/2022 8:20 AM Completed 10/14/2022 8:25 AM Completed 10/14/2022 9:38 AM Completed 10/14/2022 11:23 AM Completed 10/21/2022 3:56 PM Completed 10/24/2022 11:47 AM Completed 10/25/2022 11:40 AM Completed 10/31/2022 11:44 AM Completed 10/31/2022 11:49 AM Completed 10/31/2022 2:57 PM Completed 11/01/2022 1:43 PM Completed 11/01/2022 9:07 PM Completed 11/02/2022 8:01 AM Completed 11/02/2022 10:17 AM 11 /08/2022 9: 00 AM I Packet Pg. 1163 1 2020-BRIDGES-0063 Collier County Board of County Commissioners — Amendment 3 Amendment 3 qfthe Subaward Agreement Between the Collier County Board of County Commissioners (CCBCQ and the Institute for Intergovernmental Research (11R) in the Building Bridges Between Jails and Community -Based Treatment for Opioid Use Disorder Demonstration Project The Subaward Agreement (Agreement) for the period of March 1, 2020, through February 28, 2021, and subsequently extended through December 31, 2022, by and between the Institute for Intergovernmental Research (HR) and the Collier County Board of County Commissioners (CCBCC), is hereby extended until February 28, 2023. Funds have been allocated to IIR under Catalog of Federal Domestic Assistance (CFDA) Number 16.838 (Comprehensive Opioid Abuse Site -Based Program) by the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), in federal Grant Award Number 2017-AR-BX-KO03, Comprehensive Opioid Abuse Program (COAP) Training and Technical Assistance Program (dated September 30, 2019), for the Building Bridges Between Jails and Community -Based Treatment for Opioid Use Disorder Demonstration Project. The following additional terms and conditions govern this Agreement: a. This Agreement is extended for an additional two months to February 28, 2023. b. CCBCC agrees to provide the services mutually agreed upon and identified in the Project Summary attached to the original Agreement. HR agrees to pay CCBCC on a reimbursement basis for actual costs incurred to provide these services for an additional amount not to exceed $26,691. The total amount of the Agreement for the 36-month period March 1, 2020, through February 28, 2023, is not to exceed $137,486. d. The Subaward FFATA Reporting Data Sheet included at Attachment D-1 is hereby incorporated as part of the Agreement. CCBCC must invoice IIR for allowable expenses incurred pursuant to this Agreement no later than March 31, 2023. Invoices submitted after this date may not be paid due to requirements associated with federal funding availability. f. All other terms, covenants, conditions, and provisions of the Agreement shall remain in force. Accepted: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA William L. McDaniel, Jr., Chairman Attest: CRYSTAL K. KINZEL, CLERK Accepted: Gina Hartsfield, President and CEO Institute for Intergovernmental Research Deputy Clerk 2020-BRIDGES-0063 Collier County BCC Subaward amend 3 jun22.docx Approved as to Form and Legality: E I S10 Derek D. Perry V Assistant County Attorney I Packet Pg. 1164 Institute for Intergovernmental Research Subaward FFATA Reporting Data Sheet —Attachment D-1 SECTION I —General Questions Entity Name on Subaward Collier County Board of County Commissioners Entity DUNS Number (must be 9 digits) 076997790 SAM.gov Unique Entity ID (UEI) PNMKYRPLLU6 Amount of Subaward $137,486.00 Start Date of Subaward 3/l/2020 End Date of Subaward 2/28/2023 SECTION 2—Applicability for Sub Reporting of Compensation Information QUESTION 1: 7,)8 Dur g your preceding fiscal year, did your company (under this DUNS/SAM UEI #)receive: i'g You rp .. et or more of your annual gross revenues in federal contracts, subcontracts, loans, grants, 0 p or m, subgrants, and/or cooperative agreements; AND No (b) $25,000,000 or more of your annual gross revenue from federal awards? --- ------- If both (a) AND (b) are yes, enter "YES"; if not, enter "NO" in the space to the right. OUESTION 2: Does the public have access to information about the compensation of the top five highest -paid executives of your company through periodic reports filed under EITHER Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) OR Section 6104 of the Internal Revenue Code of 1986 No [26 USC § 6104]. ------------ Enter either "YES" or "NO" in the space to the right. Ifyou answer d "YES" to question I AND you answered "NO" to question 2 above, then enter the data in Section 3 below. Ifyou have any other combination of answers to questions I and 2, then you do not need to complete Section 3. CTION 3—Compensation of Highly Compensated Officers Enter total compensation* earned in the preceding fiscal year per the Enter the names of the top five highly compensated officers in descending order: instructions below: *Total Compensation shall be calculated based on the sum of (1) through (6) below: (1) Salary and bonus. (2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. (3) Earnings for services under nonequity incentive plans. This does not include group life, health, hospitalization, or medical reimbursement plans that do not discriminate in favor of executives and are available generally to all salaried employees. (4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. (5) Above -market earnings on deferred compensation, which is not tax -qualified. (6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites, or property) for the executive exceeds $10,000. IS10 Packet Pg. 1165 2020-BRIDGF-S-0063 Collier County Board of Count/ Commissioners —Amendment I Amendment I of the Subaward Agreement between the Collier County Board of County Commissioners (CCBCC) and the Institute for Intergovernmental Research (1111) In tile Building Bridges Between Jails and Community -Based Treatment for Opioid Use Disorder Demonstration Project This Subaward Agreement (Agreement) for the period of March 1, 2020, through February 28, 2021, by and between the Institute for Intergovernmental Research (HR) and the Collier County Board of County Commissioners (CCBCC), is hereby extended until August 31, 2021, Funds have been allocated to 11,R under Catalog of Federal Domestic Assistance (CFDA) Number 16.838 (Comprehensive Opioid Abuse Site -Based Program) by the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), in federal Grant Award Number 2017-AR-BX-KO03, Comprehensive Opioid Abuse Program (COAP) Training and Technical Assistance Program (dated September 30, 2019), for the Building Bridges Between Jails and Community -Based Treatment for Opioid Use Disorder Demonstration Project, The following additional terms and conditions govern this Agreement: a. This Agreement is extended for an additional six months to August 31, 2021. b. All other terms, covenants, conditions, and provisions of the Agreement shall remain in force. Acce ted- Collier Coun0oard of Cou';ty Commissioners Pemy Taylor, Chairperson Printed Name and Title Accepted: Gina lHartsfield, Pres&ent and CEO I Institute for Intergovernmental Research 2020-BRIDGES -0063 Col I ier County BCC Subaward amend I jan2 1. docx ATTEST CRYSTAL K., KIN.ZtL, CLERK Bl�: Aftest as 1,6 Chal I it U) Approved as to form and legality E AssIN-Fnt County Atu 4 -y rp _5 Packet 2020-BRIDGES-0063 Collier County Board of County Commissioners — Amendment 2 Amendment 2 of the Subaward Agreement Between the Collier County Board of County Commissioners (CCBCQ and the Institute for Intergovernmental Research (11R) in life Building Bridges Between Jails and Community -Based Treatment for Opioid Use Disorder Demonstration Project This Subaward Agreement (Agreement) for the period of March 1, 2020, through February 28, 2021, and subsequently extended through August 31, 2021, by and between the Institute for Intergovemmental Research (HR) and the Collier County Board of County Commissioners (CCBCC), is hereby extended until December 31, 2022. Funds have been allocated to 11R under Catalog of Federal Domestic Assistance (CFDA) Number 16.839 (Comprehensive Opioid Abuse Site -Based Program) by the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), in federal Grant Award Number 2017-AR-BX-KO03, Comprehensive Opioid Abuse Program (COAP) Training and Technical Assistance Program (dated September 30, 2019), for the Building Bridges Between Jails and Community -Based Treatment for Opioid Use Disorder Demonstration Project. The following additional terms and conditions govern this Agreement: a. This Agreement is extended for an additional 16 months to December 31, 2022. b. CCBCC agrees to provide the services mutually agreed upon and identified in the Statement of Work attached to the original Agreement. c. HR agrees to pay CCBCC on a reimbursement basis for actual costs incurred to provide these services, for an additional amount not to exceed $17,045. The total amount of the Agreement for the 34-month period March 1, 2020, through December 31, 2022, is not to exceed $110,795. d. All other terms, covenants, conditions, and provisions of the Agreement shall remain in force. A ccept Collier County Voard of County Commissioners Acce ted- T Gina Hartsfield, Presid6ht and C Institute for Intergovernmental Research Printed 11�hme a1fdTit1; 2020-BRIEK-qt�- '�fc .6 61'1�r�jCb unty HICC S dbaward ame nd 2 j ul y2 1. docx A T T F ST ;a�;' -' 1 4 CRYISTAE,,I�', K1p40,-L,,CLERJC.'_ BY: C'. 1(inattire oniv. Approved a-, to for.m and legality V CL A �L� Assis-runt Cotinty AH .;Y. V 0 Packet Pg. 1167 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 $56,2�� $79.,.048.93 Funds Awarded Subrecipient Name Collier County Sheriff s Office DUNS# 18-7217526 FEIN 59-6000561 R&D NA Indirect Cost Rate NA Period of Performance 12/1/2021- 4,��2/28/23 Fiscal Year End 9/30 Monitor End: 03/2023 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND COLLIER COUNTY SHERIFF'S OFFICE This Amendment, is entered into this _ day of 1 2022, by and between the Collier County Sheriffs Office (hereinafter referred to as "SUBRECIPIENT") and Collier County, a political subdivision of the State of Florida (hereinafter referred to as "COUNTY"), collectively stated as the "Parties." WHEREAS, on March 24, 2020 (Agenda Item #16D4), the Collier County Board of County Commissioners ("Board") approved the subaward agreement with the Institute of Intergovernmental Research (IIR) for the Building Bridges Between Jails and Community -Based Treatment for Opioid Use Disorder Dimension Project; and WHEREAS, on March 23, 2021 (Agenda Item #16D4), the Board authorized the First Amendment, which extended the period of performance for an additional six (6) months, from February 28, 2021 to August 31, 2021, due to COVID restrictions implemented byjails during the Coronavirus Pandemic, that limited inmate access to service providers coming into the jails; and [22-SOC-00951/174341 1/11 Page I of 7 IN10 Packet Pg. 1168 WHEREAS, on October 12, 2021 (Agenda Item #I 6D7), due to continuing program -wide impacts ftorn COVID, the Board authorized the Second Amendment to extend the end date of the agreement for an additional sixteen (16) months, from August 31, 2021, to December 31, 2022, and increase the awarded amount by $17,045; and WHEREAS, on December 14, 2021 (Agenda Item #I 6D20), the County and Subrecipient entered into an agreement for Subrecipient to provide implementation of Medication -Assisted Treatment (MAT) in jails and enhancing collaboration between jails and community -based providers in the amount of $56,263.93; and WHEREAS, to continue to assist Bridges sites, the IIR has offered a Third Amendment that extends the date of the agreement an additional two months to February 28, 2023, and increases the awarded amount by $26,691 for a total of $82,954.93; and WHEREAS, the parties desire to modify the agreement to add an additional two months from December 31, 2022 to February 28, 2023, increase the budget by $22,785 and revise contact information; and WHEREAS, the grantor has permitted the additional funds to be used for all costs incurred from March 1, 2020. NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to modify the Agreement as follows: Words Struek Thr are deleted; Words Underlined are added. 1. Part 1 Scope of Work, Section 1.2 Project Details is amended as follows: 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Salary, payroll taxes, and fringe benefits for one (1.0) FTE $56,26 Discharge Planner $79,048.93 Federal Funds: 3. 79,048.93 No Match funds are associated with this Subrecipient Agreement. [22-SOC-00951/174341 1/1] Page 2 of 7 IN10 Packet Pg. 1169 2. Section 1.3, Period of Performance is amended as follows: 1.2 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on December 1, 2021 and shall end on Decembe 31, 2 )2-2-February 28.,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. 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. 3. Section 1.4, Agreement Amount is amended as follows: 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available FIFTY SIX THOUSAND, TWO HUNDRED AND SIXTY THREE DOLLARS AND NINETY THPLEE CENTS ($56,263-." SEVENTY-NINE THOUSAND FORTY-EIGHT DOLLARS AND NINETY-THREE CENTS ($79,048.93) for use by the SUBRECIPIENT during the term of the Agreement (hereinafter, referred to as the "Funds"). Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners (Board) approval. 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/BJA funds until needed for eligible costs; and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every quarter. 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 is required. Explanations may 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 [22-SOC-00951/174341 1/1] Page 3 of 7 IN10 Packet Pg. 1170 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, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment suspension of any open pay requests until the required deliverables are received by CHS. Except where disputed for noncompliance, 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." 4. Section 1.6 Notices, is Amended as follows: 1.1 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 ATTENTION: Catherine Shei=man Rachel Brandhorst, Grant COUNTY Coordinator Collier County Government Community and Human Services Division 3 3 3 9 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Gather-ine. SheFmaa(i--i�ee11ier-eeth4yfl-. wowy Rachel.Brandhorst&colliercountyfl.go Telephone: (239) 252 1 (239) 252-6067 SUBRECIPIENT ATTENTION: Marien Ruiz, General Accounting Manager Collier County Sheriff s Office 3319 Tamiami Trail E. Building J Naples, Florida 34112 Email: Marien.Ruiz@colliersheriff.org Telephone: (239) 252-0852 [22-SOC-00951/174341 1/1] Page 4 of 7 ISI-0 Packet Pg. 1171 5. Part Two, Grant Control Requirements, Section 2.2 Records and Documentation is amended as follows: The SUBRECIPIENT shall maintain sufficient records, in accordance with BJA requirements to determine compliance with the requirements of this Agreement, the Building Bridges Program, and all other applicable laws and regulations. This documentation shall include but is not 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. SUBRECIPIENT shall, at any time upon request, make available to the COUNTY or CHS 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 funds and Program Income. These records shall be maintained to the extent of such detail to 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 five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333. However, 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. If SUBRECIPIENT ceases to exist after the 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 200.336. The 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 [22-SOC-00951/174341 1/11 Page 5 of 7 IN10 Packet Pg. 1172 electronically must be provided to the COUNTY in a format that is compatible with the COUNTY'S information technology systems. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239 252 683-2 239- 252-2679, Miehaelkox(ikelliefe Michael.�rownleekcolliercountyfl.�a,o 3299 Tamiami Trail E, Naples FL 34112 E. 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 eligibility files on clients served and documentation that all households are eligible under DOJ/BJA 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 requirement(s) under which funding has been received was achieved. This includes DOJ/BJA 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 from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. I. 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. [Signature Page to Follow] [22-SOC-00951/174341 1/1] Page 6 of 7 IN10 Packet Pg. 1173 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: AS TO THE COUNTY: CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: William L. McDaniel, Jr., Chairman Dated: (SEAL) Date: WITNESSES: Witness #1 Signature Witness #I Printed Name Witness #2 Signature Witness #2 Printed Name Approved as to form and legality: A, Derek D. Perry Assistant County Atto y Date: [22-SOC-00951/174341 1/1] Page 7 of 7 AS TO SUBRECIPIENT: .0 COLLIER COUNTY SHERIFF'S OFFICE Kevin Rambosk, Sheriff Date: 0 Z E E C14 1- Cl) IL N 'S'o Packet Pg. 1174 2020-BRIDGES-0063 Collier County Board of County Commissioners Subaward Agreement between the Collier County Board of County Commissioners and the Institute for Intergovernmental Research (IIR) in the Building Bridges Between Jails and Community -Based Treatment for Opioid Use Disorder Demonstration Project This Subaward Agreement (Agreement) is entered into as of the 1 st day of March, 2020, by and between the Institute for Intergovernmental Research (IIR) and Collier County Board of County Commissioners (CCBCC). Funds have been allocated to IIR under Catalog of Federal Domestic Assistance (CFDA) Number 16.838 (Comprehensive Opioid Abuse Site -Based Program) by the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), in federal Grant Award Number 2017-AR-BX-K003, Comprehensive Opioid Abuse Program (COAP) Training and Technical Assistance Program (dated September 30, 2019), for the Building Bridges Between Jails and Community -Based Treatment for Opioid Use Disorder Demonstration Project. The following terms and conditions govern this Agreement: a. The term of this Agreement is for the time period from March 1, 2020, to February 28, 2021. Either party may withdraw by delivering ten days' written notice to the other party of its intent to withdraw from this Agreement. b. CCBCC agrees to provide the services mutually agreed upon and identified in the Project Summary at Attachment A. IIR agrees to pay CCBCC on a reimbursement basis for actual costs incurred as described in the attached Project Summary, up to a total amount not to exceed $93,750. c. All financial transactions conducted under this Agreement will be in compliance with applicable federal financial guidelines, rules, and regulations. CCBCC will invoice IIR for agreed -upon allowable costs incurred during the invoice period. Any indirect costs charged must be consistent with either an Indirect Cost Negotiated Agreement with a federal agency or other indirect cost allocation plan/rate in accordance with 2 Code of Federal Regulations (CFR) Part 200. Invoices will include appropriate backup documentation and should be submitted no more frequently than monthly. IIR shall pay CCBCC's invoice within 30 days after submission and HR's review and approval. e. CCBCC must invoice IIR for allowable expenses incurred pursuant to this Agreement within 30 days of the expiration of this Agreement. Invoices submitted after 30 days of the expiration of this Agreement may not be paid, due to requirements associated with federal funding availability. f. CCBCC will provide an activity/progress report with each invoice summarizing the progress to date and changes or delays in the project scope, if any. IIR may request additional activity/progress reports during the term of this Agreement. V„ 2020-BRIDGES-0063 Collier County Board of County Commissioners g. At project completion, CCBCC will provide a final report on the project. 11R may require supplementation or modification of the final report as may be necessary to allow IIR to fulfill its federal reporting requirements. h. CCBCC represents, certifies, and covenants that CCBCC shall perform services in a manner conforming to generally accepted industry standards and practices and by qualified CCBCC personnel who meet federal requirements and have a level of skill commensurate with the requirements of the services. i. CCBCC certifies that all personnel providing service hereunder are United States citizens or are fully and legally authorized to work in the United States. CCBCC's failure to comply with the foregoing is grounds for immediate termination of this Agreement by HR. j. In executing this Agreement, CCBCC represents that it is fully capable of providing the efforts anticipated and required by the Agreement and is not aware of any pending or potential restrictions that would make it unable to successfully perform those efforts. k. The following attachments/information are hereby incorporated by reference and made a part hereof. • Attachment A — Project Summary • Attachment B — Additional Provisions • Attachment C — Breach of Personally Identifiable Information Procedures • Attachment D — Subcontractor Reporting Data Sheet • Attachment E — Award Continuation Sheet (Special Conditions) to Cooperative Agreement 2017-AR-BX-K003 • Attachment F — BJA COAP Building Bridges Between Jails and Community -Based Treatment for Opioid Use Disorder • CCBCC's response to the solicitation Accepted: Collier County Board of County Commissioners Burt L. Saunders Chairman Printed Name and Title 2020-BRID 3 epjl of County BCC Subaward mar20.doex 'IWGtlt;' t 4� r I. Vl KI a., jlil Accepted: Gina Hartsfield, PresidefW and CE Institute for Intergovernmental Research Approved as to form and legality �021 Assistant County turney �2 l� OOVO Oply. Attachment A — 2020-BRIDGES-0063 ATTACHMENT A Collier County Board of County Commissioners Building Bridges Between Jails and Community -Based Treatment for Opioid Use Disorder Demonstration Project Project Summary Proiect Overview 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. Collier County Board of County Commissioners' Proiect Plan Collier County Board of County Commissioners' (CCBCC) project application, work plan, and budget narrative provide additional details for the implementation of CCBCC's project and the project timeline. The general requirements, activities, and deliverables outlined below provide the basic requirements for CCBCC's project as funded through this subaward. Allowable Activities Funding under this award may only be used to support the following allowable activities: Implementing effective community -level opioid overdose prevention activities. Implementing effective linkage to care programs upon release from incarceration. Enhancing public health, behavioral health, and public safety (e.g., police and law enforcement agencies, child welfare, courts and corrections, as well as first responders such as fire and paramedic/emergency services) collaborations, with a focus on scaling up promising interventions. Deliverables This section outlines the deliverables for this project. CCBCC is responsible for meeting each of these deliverables; additional details can be found in the original solicitation included as Attachment F. 1. Bimonthly Collaborative Calls — Participate in bimonthly calls with BJA policy advisors, CDC staff members, and the IIR Project Manager. These calls will last no more than 1 % hours. Other staff members may choose to participate, in addition to CCBCC's Project Coordinator. Page 1 of 19 Attachment A — 2020-BRIDGES-0063 2. Bimonthly Progress Reporting — CCBCC's Project Coordinator is responsible for ensuring that a bimonthly report detailing progress on project activities is submitted to IIR's Project Manager. The bimonthly reports should be submitted no later than the 7th day of the following month. Reporting Period March 1 — April 30 May 1 — June 30 July 1 — August 31 September 1 — October 31 November 1 — December 31 January 1 — February 28 Due No Later Than May 7 July 7 September 7 November 7 January 7 March 7 3. Financial Reporting — CCBCC's Project Coordinator is responsible for ensuring that the required financial reporting is submitted on a quarterly basis. The financial reports must be submitted on the following schedule: Reporting Quarter January 1 — March 31 April 1 — June 30 July 1 — September 30 October 1 — December 31 Due No Later Than April 20 July 20 October 20 January 20 The first financial report should be submitted no later than July 20, 2020. The final financial report is due 30 days after the subaward end date. Questions concerning financial reporting should be directed to IIR's Project Manager for the subaward. 4. Sub award Closeout —Within 30 days after the end date of the subaward, CCBCC must initiate closeout of the subaward. CCBCC should: • Submit a final program report. • Submit a final financial report. Page 2 of 19 Attachment B — 2020-BRIDGES-0063 ATTACHMENT B Collier County Board of County Commissioners Building Bridges Between Jails and Community -Based Treatment for Opioid Use Disorder Demonstration Project Additional Provisions Compliance With Law CCBCC acknowledges that this Agreement is being funded by the federal awarding agency under a Cooperative Agreement to IIR and that it is subject to all applicable federal laws, rules, regulations, orders, policies, and requirements. CCBCC shall procure and maintain all licenses, authorizations, waivers, permits, qualifications, and certifications required to perform the work and shall fully comply with and include, in any permitted subawards or subcontracts hereunder, provisions requiring compliance by its subcontractors (defined herein as any contractor with whom CCBCC further contracts to complete the work) with all applicable local, state, and federal laws, rules, regulations, orders, policies, and requirements. Notices All notices or other communications required by this Agreement or given in connection with it shall be in writing and shall be deemed to have been duly given when delivered personally in hand, delivered by recognized overnight delivery services, sent by electronic mail, delivered by telephonic facsimile, or mailed by certified or registered mail, return receipt requested, postage prepaid on the date posted, and addressed as follows (or to such other address as either party may specify to the other party by written notice). If to CCBCC: Mailing Address Collier County Board of County Commissioners Community and Human Services Division 3339 Tamiami Trail East, Suite 211 Naples, FL 34112-5361 If to IIR: Mailing Address Post Office Box 12729 Tallahassee, FL 32317-2729 Page 3 of 19 Attachment B — 2020-BRIDGES-0063 Project Correspondence and Communications All official, nonfinancial -related communications related to CCBCC's project should come from the Project Director/Coordinator named below who is the official project coordinator of record. CCBCC's Project Coordinator is: Ms. Tami Bailey Phone: (239) 252-5218 Email: tami.bailey@colliercountyfl.gov Communications related to the project scope and/or deliverables for this project should be directed to IIR's Project Manager via email. IIR's Project Manager is: Ms. Kathy Rowings Email: krowings@iir.com All financial or reporting -related communications regarding the project should come from either the Project Director/Coordinator or a single designated point of contact appointed by the Project Director/Coordinator. CCBCC's Financial Coordinator is: Ms. Akiko Woods Phone: (239) 252-4279 Email: akiko.woods@colliercountyfl.gov Communications of a financial or reporting nature should be directed to IIR's Contractual and Financial Point of Contact: Ms. Mary J. Dodd Contract Specialist Phone: (850) 385-0600, Ext. 330 Email: mdodd@iir.com Data Universal Numbering System (DUNS) CCBCC's DUNS number is 076997790. Commercial and Government Entity (CAGE) CCBCC's CAGE code is 3JFC7. Federal Funding Accountability and Transparency Act (FFATA) CCBCC certifies that the information provided to IIR for submission to the FFATA Subaward Reporting System (FSRS), on the form included as Attachment D, is complete and accurate. Page 4 of 19 Attachment B — 2020-BRIDGES-0063 Special Conditions Announced in or Applied to Grant Award CCBCC 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 Attachment E hereto, which is adopted and incorporated by reference here. The special conditions outlined in Attachment E are applicable only to the project outlined in this Agreement. IIR reserves the right to convey to CCBCC, in a written amendment to this Agreement, any additional special conditions imposed by the awarding entity, law, or regulation upon IIR and/or CCBCC after execution of this Agreement during the performance of the efforts contemplated by this Agreement. Amendments to Subaward During the life of the subaward project, CCBCC may identify changes or updates to administrative information, project activities, or the project budget. CCBCC will send written requests for adjustments to the subaward project to IIR for consideration. IIR will coordinate with BJA as necessary concerning the request and may contact CCBCC for additional information or to discuss the adjustment. IIR will notify CCBCC of the outcome of the request. 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. Fiscal Management CCBCC has a responsibility to establish and maintain a fiscal management system that ensures fiscal integrity in the project. CCBCC 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. CCBCC is responsible for ensuring that adequate oversight and monitoring are provided for any subrecipients. Availability of Funds Subaward funds can be obligated as of the start date of the subaward period, provided the budget has been approved. The obligation of funds, including all program income, must end on the last day of the subaward period. CCBCC will have 30 days from the end date of the subaward period to pay or liquidate outstanding obligations incurred during the subaward period. Page 5 of 19 Attachment B — 2020-BRIDGES-0063 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, or corporation. At any time during this Agreement, IIR may require a separate supplemental nondisclosure agreement to be executed detailing any applicable additional obligations. Independent Contractor CCBCC agrees that as an independent contractor, CCBCC controls the manner and means of work and that there will be no IIR employee benefits accruing to the benefit of CCBCC, including, but not limited to, unemployment compensation, health and life insurance benefits, or retirement earnings. CCBCC will not make any claims against IIR related to benefits reserved for employees. CCBCC will indemnify, defend, and hold IIR and its officers, directors, and agents harmless from any damages, claims, injuries, disabilities, or other expenses resulting from CCBCC's failure to provide benefits for CCBCC and CCBCC's employees. CCBCC agrees that IIR will pay CCBCC the gross amount due without withholding for federal income tax or social security tax, which will be the sole responsibility of CCBCC, which agrees to hold IIR harmless from any tax obligations. Training and Other Materials CCBCC agrees to submit to IIR for submission to 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. Statements on Work Products Any work products prepared by CCBCC, 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. Subaward CCBCC must obtain prior written approval from IIR for any subawards that CCBCC proposes to enter into as part of the project funded through this Agreement. Any subawards issued under this Agreement will contain the same clauses and requirements as outlined in this Agreement, including the requirement for expense reimbursement. Subawardees must invoice CCBCC for actual expenses and provide appropriate supporting documentation. CCBCC must, in turn, provide IIR with invoices and supporting documentation received from the subawarded entities with the related invoice from CCBCC. CCBCC agrees to comply with its oversight and monitoring responsibilities for subawards issued by CCBCC in compliance with 2 CFR Part 200 Uniform Requirements. Page 6 of 19 Attachment B — 2020-BRIDGES-0063 Sole Source Approval All purchases/contracts under this Agreement should be competitively awarded unless circumstance precludes competition. When a purchase/contract exceeds $250,000 and there has been no competition, CCBCC must forward sole source justification for the purchase/contract and obtain approval from IIR prior to finalizing the purchase/contract. Consultant Rates Consultant rates (excluding travel or other expense reimbursements) cannot exceed $650 per day (which is $81.25/hour). A detailed justification must be submitted to and approved by IIR prior to obligation or expenditure of consultant rates that exceed the $650 daily rate. Records Maintenance CCBCC shall keep and maintain, in accordance with federal rules and regulations, full, accurate, and complete books, accounts, records, and documentation of all income, costs, and expenses pertaining to this Agreement. CCBCC shall retain all such books, accounts, records, and documentation for the period specified in the federal rules and regulations or for a period of three (3) years after the expiration, termination, or cancellation of this Agreement, whichever is longer. Anything contained herein to the contrary notwithstanding, if any litigation, claim, or audit is made, filed, or commenced before the expiration of the specified retention period, CCBCC shall retain all books, accounts, records, and documentation until all litigation, claims, or audit findings have been resolved and final action taken. Information Requests CCBCC 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. Monitoring CCBCC agrees to comply with IIR or the federal funding agency monitoring guidelines, protocols, and procedures and to cooperate on all monitoring requests related to this Agreement, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. CCBCC agrees to provide all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this Agreement. Further, CCBCC agrees to abide by reasonable deadlines set for providing the requested documents. Failure to cooperate with monitoring activities may result in sanctions affecting this Agreement, including, but not limited to, withholdings and/or other restrictions on reimbursement for CCBCC's expenses and termination of the Agreement. Audit Requirements 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 Page 7 of 19 Attachment B — 2020-BRIDGES-0063 operations. The audit shall be conducted in compliance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 CFR Part 200. CCBCC shall permit IIR and/or its auditors to have access to the records and financial statements of CCBCC as necessary for IIR to comply with its oversight and monitoring responsibilities under Part 200 Uniform Requirements. CCBCC shall submit one (1) copy of the audit package to IIR no later than thirty (30) days after receipt from the audit firm. Audit and Inspection of Records IIR, the federal funding agency, the Inspector General, the Comptroller General of the United States, or any of their duly authorized representatives, including, without limitation, independent auditors, shall have the right of timely and unrestricted access to any books, documents, papers, and records of CCBCC that are pertinent to this Agreement, in order to make audits, examinations, excerpts, transcriptions, and copies. This right also includes timely and reasonable access to CCBCC's personnel for the purpose of interview and discussion related to such documents. Corrective Action CCBCC shall take appropriate corrective action within six (6) months after receipt of an audit report (or such shorter period as may be specified by IIR) in instances of noncompliance with federal laws and regulations. Disallowance In the event that CCBCC claims and receives payments from IIR hereunder, reimbursement for which is later disallowed by IIR or the United States government, CCBCC shall, upon request, promptly refund to IIR the disallowed amount. At its option, IIR may offset the amount disallowed from any payment due or to become due to CCBCC. Nondiscrimination Requirements, Findings of Discrimination, and Equal Employment Opportunity CCBCC 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, CCBCC has received any adverse finding of discrimination or should CCBCC during the active life of this contract receive an adverse finding of discrimination against CCBCC, 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, CCBCC must submit a copy of the finding to IIR for review. IIR may be required to forward a copy of any such finding of discrimination to the Office for Civil Rights. CCBCC 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. Page 8 of 19 Attachment B — 2020-BRIDGES-0063 Limited English Proficiency CCBCC 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. Equal Treatment of Faith -Based Organizations By regulation, DOJ prohibits all recipient organizations from using financial assistance from DOJ to fund explicitly religious activities. CCBCC agrees to avoid such prohibited conduct. For more information, see https://oip.gov/about/ocr/partnershil)s.htm. 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 funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. Arrest and Conviction Records Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. CCBCC 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/ ocr/pdfs/UseofConviction Advisory.pdf for more details. Byrd Anti -Lobbying Amendment (31 U.S.C. & 1352) CCBCC will not use and has not used federal appropriated funds 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. CCBCC shall (1) comply and, for subawards or subcontracts hereunder which exceed $100,000, require its subcontractors hereunder to comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and, for subawards or subcontracts hereunder which exceed $100,000, 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. Page 9 of 19 Attachment B — 2020-BRIDGES-0063 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. CCBCC 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. CCBCC shall not knowingly enter into any lower -tier covered transaction with a person or entity who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. False Claim; Criminal or Civil Violation CCBCC must promptly refer to IIR any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (1) 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. Americans with Disabilities Act (ADA) Requirements CCBCC shall comply with the ADA requirements, which guarantee nondiscrimination and equal access for persons with disabilities in employment, public accommodations, transportation, and CCBCC programs, activities, and services, including applicable requirements related to website access and use by the disabled. 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. Prohibited Use of Funds Under 18 U.S.C. & 1913 CCBCC 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. Personally Identifiable Information In order for IIR to comply with its obligations related to actual or imminent breaches of information, CCBCC agrees to immediately report any suspected, actual, or imminent breach of personally identifiable information related to its performance under this Agreement to IIR and conform with other procedures as required by the "IIR Breach of Personally Identifiable Information Procedures" provided to CCBCC as Attachment C and incorporated by reference here or as may also be required by CCBCC's state law. Page 10 of 19 Attachment B — 2020-BRIDGES-0063 Text Messaging Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), DOJ encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by DOJ and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. Trafficking in Persons CCBCC 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 part of CCBCC and any subrecipients or employees of CCBCC or its subrecipients. The details of CCBCC's obligations related to prohibited conduct related to the trafficking of persons are posted at https://oipgov/funding/Explore/ProhibitedConduct-Trafficking`htm. Right, Title, and Interest CCBCC shall retain CCBCC's copyright in all original works of authorship fixed in any tangible medium of expression that are prepared, developed, or written by CCBCC as part of the work hereunder. CCBCC hereby grants to the federal awarding agency through IIR (hereafter IIR) and to IIR's successors, assigns, and licensees (i) permission to record, by any means, all speeches and presentations made by CCBCC or others on behalf of CCBCC 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 CCBCC or others on behalf of CCBCC 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. CCBCC 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. CCBCC 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 Page 11 of 19 Attachment B — 2020-BRIDGES-0063 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). It is the responsibility of CCBCC (and of each subrecipient, if applicable) to ensure that this condition be included in any subaward under this award. CCBCC has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill CCBCC's obligations to the government under this award. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the government such rights, CCBCC 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 party'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). Patent Rights Clause With respect to any subject invention in which CCBCC or a subaward recipient or subcontractor 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. CCBCC 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 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. Association of Community Organizations for Reform Now (ACORN) CCBCC 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. Airfare CCBCC 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 IIR prior to booking such tickets. Page 12 of 19 Attachment B — 2020-BRIDGES-0063 Travel Reimbursement; Meals and Lodging CCBCC understands that meal and lodging expenses must conform to the limits established by the U.S. General Service Administration as published at http://www.gsa.gov. Authorized travel will be reimbursed in accordance with IM's Travel Policy for Non-IIR Employees. Food and/or Beverages CCBCC 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. Meeting Rooms and Audiovisual CCBCC understands and acknowledges that utilization of and costs for meeting rooms and audiovisual must comply with the requirements included in the DOJ Grants Financial Guide. Event Advance Approval; Expenses and Reporting CCBCC acknowledges that all meetings and events must conform to the guidance in the DOJ Grants Financial Guide. CCBCC is responsible for providing the necessary information to IIR for IIR 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, CCBCC is responsible for taking steps to minimize the costs charged to this Agreement. CCBCC will provide the event information to IIR 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 IIR). IIR will notify CCBCC of approval/disapproval no later than thirty (30) days prior to the scheduled event. CCBCC will notify IIR if there are changes to the information provided on the Event Request/Report form. CCBCC will provide actual event and cost information to IIR for each event within forty-five (45) days of event completion. The actual information will be submitted to IIR on/with the Event Request/Report form. 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 Page 13 of 19 Attachment B — 2020-BRIDGES-0063 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. Insurance Without limiting its obligations hereof, CCBCC 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 nonowned 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. CCBCC will provide Certificates of Insurance upon request by MR. 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 purposes set forth herein. If, for any reason, such funds are not granted or appropriated or are suspended, withdrawn, discontinued, limited, impaired, reduced, cancelled, or otherwise made unavailable, in whole or in part, IIR may terminate or modify this Agreement, in whole or in part, effective immediately upon written notice to CCBCC. Applicable costs incurred up to the effective date of the termination will be reimbursed by IIR in accordance with the compensation clauses detailed in the Agreement. 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, or term 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. Termination for Force Maieure 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 Page 14 of 19 Attachment B — 2020-BRIDGES-0063 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. 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. 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. Use of Name Neither party shall use the other party'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. Severability 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. Captions Captions used in this Agreement are provided for convenience of reference only and shall not be used to construe meaning or intent. 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 Page 15 of 19 Attachment B — 2020-BRIDGES-0063 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, tenn, or condition. All remedies 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. Entireties This Agreement, which includes Attachments A through F and CCBCC's response to the solicitation hereto, 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. 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. 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. Page 16 of 19 Attachment C — 2020-BRIDGES-0063 ATTACHMENT C 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. Definitions 0 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.' 0 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.' A reported 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://obamawhitehouse.archives.pov/sites/default/files/omb/memoranda/2017/m-l7-12 O.pdf. 'OMB M-17-12. ' 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 definitions of "breach" must also be reviewed in states where IIR employees or those performing efforts on behalf of IIR deal with I'll (e.g., Section 501.171, Florida Statutes, and Tennessee Code § 47-18-2107). ' OMB M-17-12. Page 17 of 19 Attachment C — 2020-BRIDGES-0063 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 ensuring that required notifications are timely made.7 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 ' 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. 7 Notices may be required by federal or state law, grant special conditions, or government rules or regulations. Page 18 of 19 Attachment C — 2020-BRIDGES-0063 take into account the nature 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.' 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 Reauirementc 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. Compliance With State Notice Requirements 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. P !-III it 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. "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 PIT revealing personal medical information are of concern. 'See OMB Circular A-130. 2020-BRIDGES-0063 Collier County BCC Attach A-B-C mar20.docx Page 19 of 19 Institute for intergovernmental Research Subcontractor Reporting Data Sheet —Attachment D Description of information required Subcontractor Name Collier County Board of County Commissioners Subcontractor DUNS Number 076997790 Amount of Subcontract $93,750 Start Date of Subcontract 1-Mar-20 End Date of Subcontract 28-Feb-21 OUESTION 1 During your preceding fiscal year, did your company (under this DUNS) receive: (a) 80 percent or more of your annual gross revenues in federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; AND No (b) $25,000,000 or more of your annual gross revenue from federal awards? If both (a) A I4D (b) are yes, enter "YES"; if not, enter "NO" in the space to the right. OUESTION 2• Does the public have access to information about the compensation of the top five highest -paid executives of your company through periodic reports filed under EITHER Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) QR Section 6104 of the Internal Revenue Code of 1986 No [26 USC 16104]. Enter either "YES" or "NO" in the space to the right. If you answered "YES" to question 1 AND you answered "NO" to question 2 above, then eater the data in Section 3 below. If you have any other combination of answers to questions I and 2, then you do not need to complete Section 3. Enter total compensation* earned in the preceding fiscal year per the Enter the names of the top five highly compensated officers in descending order: Instructions below. *Total Compensation shall be calculated based on the sum of (1) through (6) below: (1) Salary and bonus. (2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. (3) Earnings for services under nonequity incentive plans. This does not include group life, health, hospitalization, or medical reimbursement plans that do not discriminate in favor of executives and are available generally to all salaried employees. (4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. (5) Above -market earnings on deferred compensation, which is not tax -qualified. (6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites, or property) for the executive exceeds $10,000. Attachment E - 2019 U.S. Department of Justice Office of Justice Programs Off ce ofCivil Rights Washington, DC 20531 September 30, 2019 Ms. Gina Hartsfield Institute for Intergovernmental Research Post Office Box 12729 Tallahassee, FL 32317-2729 Dear Ms. Hartsfield: Congratulations on your recent award! The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, require recipients of federal financial assistance to give assurances that they will comply with those laws. In addition to those civil rights laws, many grant program statutes contain nondiscrimination provisions that require compliance with them as a condition of receiving federal financial assistance. For a complete review ofthese civil rights laws and nondiscrimination requirements, in connection with OJP and other DOJ awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non- discriminatory manner to their service population or have employment practices that meet equal -opportunity standards. I fyou are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings ofdiscrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). Please submit information about any adverse finding to the OCR at the above address. We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and other DOJ grant finding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst U.S. Department of Justice t' Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACE 2 OF 18 Cooperative Agreement .....................__.__...__.... ... ..... .... I PROJECTNUMBER 2017-AR-BX-KO03 AWARD DATE 09/30/20t9 SPECIAL CONDITIONS L Requirements of the award: remedies for non-compliance or for materially false statements The conditions of this award arc material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts all such assurances or certifications as if personally executed by the authorized recipient official. Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period - - may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or tenninate the award. The U.S. Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as 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. 2 Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements. Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adapted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2019 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. Ifthis FY 2019 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2019 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at htips://ojp.gov/funding/Part2000niforTnRequirements.htm, Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) 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 recipient (and any subrecipient ("subgrantee") at any tier) 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. 200.333. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in same way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. OP FORM 400012 (REV. 4-88) rm=" U.S. Department of Justice ty' Office of Justice Programs AWARD CONTINUATION "d M Bureau of Justice Assistance SHEET Cooperative Agreement PROJECT MJAtBER 2017-AR-SX-KO03 AWARD DATE 09/30/2019 SPECIAL CONDITIONS 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/financialguide/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. 4. Reclassification of'various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is. OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September I, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. S. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or aficr January I, 2017, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January I, 2017, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. b. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Unifonn Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 4 OF 18 Cooperative Agreement PROJECTNUMBER 2017-AR-DX-h003 AWARD DATE 09130/2019 SPECIAL CONDITIONS 7. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and; if so requested by the DOJ awarding agency, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. S. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://wtiwd.sam.gov/. This includes applicable requirements regarding registration with SAM as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first -tier subrecipients (first -tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://Qip.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). OJP FORM 4000/2 (RE%1. 4-88) U.S. Department ofJustice Office oflustice Programs AWARD CONTINUATION } e � Bureau of Justice Assistance SHEET Cooperative Agreement PROJECT NUMBER 2017-AR-BX-KO03 AWARD DATE 09/30/2019 PAGE 5 OF 18 SPE'CiAL CONDITIONS 9. Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) 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 -- (I ) 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 Font 1-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award fiords 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 recipient (or any subrecipient) officials or other staff who are or will be involved ut 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 recipient (or any subrecipient) may choose to participate in, and use, E-Verify (wwnv.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 a "Tentative Nonconfirrnation" 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 Rico, Guam, 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 any recipient, any subrecipient at any tier, or OJP FORM 400W2 (REV. 4-8B) U.S. Department of Justice Office of.lustice Programs f Bureau of Justice Assistance AWARD CONTINUATION SHEET PACE r, OF 18 Cooperative Agreement PROJECr NUMBER 2017-AR-BX-KO03 AWARD DATE 09/30!2019 SPECIAL CONDITIOAIS 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 any recipient, any subrecipient at any tier, 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-vcrify.gov/) or email E-Verify at F.,-Verify a dhs.gov. E-Verify employer agents can email E- Verify at E-VerifyEmployerAgentctdhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 10, Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) 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 OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A- l30). The recipient's breach procedures must include a requirement to report actual or imminent breach of Pli to an ON Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantec") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OR web site at https://ojp.gov/funding/Explore/SubaxvardAuthorization.litm (Award condition All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 12. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). TTte details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the ON web site at https://ojp.gov/funding/Lxplore/NoncompetitiveProcurement.htm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract. (if contract would exceed $250,000)).. and are incorporated by reference here. OJP FORM 4000/2 (REV. 4.88) ........... . U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 7 OF 19 Cooperative Agreement PROJECT NUMBER 2017-AR-BX-KO03 AWARD DATE 09/30/2019 SPECIAL CO3VDITIOATS 13. Unreasonable restrictions on competition under the award; association with federal government SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier). I. No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DO.1) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] 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]ll 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 oil 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. 2, Monitoring The recipient's monitoring responsibilities include monitoring of'subrecipient compliance with this condition. 3. Allowable costs l'o 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 behhalf 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 any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. OJP FORAI 400012 (REV. 4-88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION xr Bureau of Justice Assistance SHEET PAGE 8 OF 18 Cooperative Agreement PROJECTNUMBER 2017-AR-BX-K003 AWARD DATE 09/30/2019 SPECIAL CONDITIONS 14. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, 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 ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedCondtict-Trafficking.htm (Award condition, Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 15. Determination ofsuitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ finding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, 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 ofthis requirement are posted on the OJP 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. 16. Compliance with applicable rules regarding approval, planning. and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences. and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide" IT Requirement for data on performance and effectiveness under the award is Ile recipient must collect and maintain data that measure the perforniance and effectiveness of work under this award The data must be provided to OJP in the manner (including within the timeframes) specified by 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. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm. r^ ON FORM 4W02 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Cooperative Agreement PAGE 9 OF 18 ---- - _ ........... .......... PROJECTNUMBER 2017-AR-BX-KO03 AWARD DATE 09/3M019 SPECIAL CONDITIONS 19. Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as dciennined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Unifomt Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 20. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OV W, as appropriate) during the period of performance for this award, if the recipient is designated as "high - risk" for purposes of the DOJ high -risk grantee list. 21. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54. which relates to nondiscrimination on the basis of sex in certain "education programs." 23. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at htips://wivw.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1. Part 38, under a-CFR "current" data. OJP FORM 40(102 (REV. 4-88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION f Bureau of Justice Assistance SHEET Cooperative Agreement PROJECT NUMBER 2017-AR-BX-KO03 AWARD DATE 09/3012019 SPECIAL CONDITIOA'S 24, Restrictions on "lobbying" PAGE 10 OF 18 In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, 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 particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 25. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2019) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions. including from various "genera( provisions" in the Consolidated Appropriations Act, 2019, are set out at https://ojp.gov/funding/Explore/FY19AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction. the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 26, Reporting potential fraud, waste, and abuse, and similar misconduct The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the inspector General (01G) 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 --(I) online submission accessible via the OIG webpage at https://oig.justice.govgtotline/contact-grmits.litm (select "Submit Report Online"); (2) mail directed to: Office of the inspector General, US, Department of Justice, investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 205W and/or (3) by facsimile directed to the DOJ GIG Fraud Detection Office (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ GiG website at https://oig,justice.gov/hottine. r ON FORM 400012 (REV. 4-88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION f 4+ k Bureau of Justice Assistance SHEET PACE tt OF 18 rn Cooperative Agreement A.. PROJECT NUMBER 2017-AR-BX-KO03 AWARD DATE 09/30/2019 SPECIAL COAIDITIONS 27. Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or 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, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award. to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud; or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency, 2. If the recipient does or is authorized under this award to make subawards ("subgrants" ), procurement contracts, or both -- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste fraud, or abuse as described above, and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity. will provide prompt written notification to the federal agency making this award. and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. OJP FORM 400012 (REV. 4-88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION V ntX Bureau of Justice Assistance SHEET PAGE 12 OF 18 Cooperative Agreement PROJECT NUMBER 2017•AR-BX-K003 AWARD DATE 09/30/2019 SPECIAL CONDITIONS 28. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, 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 recipient 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 rite applicability of the provisions of41 U.S.C. 4712 to this award, the recipient is to contact the DOI awarding agency (OJP or OVW, as appropriate) for guidance. 29. 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 I, 2009), DOI encourages recipients and subrecipients ("subgrantees") 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, 30. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside ofDOJ If the recipient is designated "high risk" by a federal grant -making agency outside ofDOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting cr oip.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high -risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency. OJP FORM 4000l2 (REV 4-88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET RACE 13 OF 18 t M Cooperative Agreement PROJECT NUMBER 2017-AR-BX-KO03 AWARD DATE 09/30/201.9 SPECIAL CONDITIONS 31. Within 45 calendar days after the end of any conference. meeting, retreat, seminar, symposium, training activity, or similar event funded under this award, and the total cost of which exceeds $20,000 in award funds, the recipient must provide the program manager with the following information and itemized costs: 1) name of event; 2) event dates; 3) location of event: 4) number of federal attendees; 5) number of non-federal attendees, 6) costs of event space, including rooms for break-out sessions; 7) costs of audio visual services; 8) other equipment costs (e.g., computer fees, telephone fees); 9) costs of printing and distribution; 10) costs of meals provided during the event; t 1) costs of refreshments provided during the event: 12) costs of event planner; 13) costs of event facilitators; and 14) any other costs associated with the event. The recipient must also itemize and report any of the following attendee (including participants. presenters. speakers) costs that are paid or reimbursed with cooperative agreement funds: 1) meals and incidental expenses (MME portion of per diem): 2)lodging; 3) transportation to/from event location (e g., common carrier, Privately Owned Vehicle (POV)); and, 4) local transportation (e.g.. rental car. POV) at event location. Note that if any item is paid for with registration fees. or any other non -award funding, then that portion of the expense does not need to be reported. Further instructions regarding the submission of this data, and how to determine costs, are available in the OR Financial Guide Conference Cost Chapter. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau Justice Assistance AWARD CONTINUATION SHEET PAGE 14 OF 18 of p Cooperative Agreement PROJECT NUMBER 2017-AR-SX-KO03 AWARD DATE 09/302019 SPECIAL COND177ONs 32. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first -tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first -tier subrecipients (first -tier "subgrantees") of award funds. The details of recipient obligations. which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000. or (2) an award made to an individual who received the award as a natural person (i.e.. unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 33. .Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed ,justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. 34. The recipient agrees to submit to BJA for review and approval any curricula, training materials, proposed publications, reports, or any other written materials that will be published, including web -based materials and web site content, through funds from this grant at least thirty (30) working days prior to die targeted dissemination date. Any written, visual, or audio publications, with the exception of 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-AR-BX-KO03 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. 35. The recipient 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. 36 Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS `llte recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedbtgs, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS"). The details of recipient obligations regarding the required reporting (and updating) of information on certain civil. criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at hitps://ojp.gov/fundina/FAPIIS hun (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. fy.,. cM' . f ` f �! OJP FORM 400012 (REV. 4-88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION I t Bureau of Justice Assistance SHEET PAGE 15 OF 18 Cooperative Agreement .......... PROJECT NUMBER 2017-AR-BX-KO03 AWARD DATE 09/30/2019 SPECIAL CONDITIONS 37. Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 38. Applicants must ccrtify that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department oflustice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov. 39. Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards. including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds, referral to the DOJ OIG for audit review:. designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 40. Verification and updating of recipient contact information The recipient must verify its Point of Contact(POC ), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 41, The award recipient agrees to participate in a data collection process measuring program outputs and outcomes. The data elements for this process will be outlined by the Office of Justice Programs. 42. Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of institutional Review Board approval, if appropriate, and subject informed consent. 43. All program authority and responsibility inherent in the Federal stewardship role shall remain with the Bureau of Justice Assistance (BJA). BJA will work in conjunction with the recipient to routinely review and refine the work plan so that the program's goals and objectives can be effectively accomplished. BJA will monitor the project on a continual basis by maintaining ongoing contact with the recipient and will provide input to the program's direction, in consultation with the recipient, as needed. OJP FORM 4000/2 (REV. 4.88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 16 OF 18 Cooperative Agreement PROJECTNUMBER 2017-AR-BX-KO03 AWARD DATE 0913012019 SPECIAL CONDITIONS 44. Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval. to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. 45. With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of 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 ofthc OJP official indicated in the program announcement under which this award is made. 46. The recipient understands and agrees to track and report data on all training and technical assistance activities and deliverables using the guidance, format, or tool provided by the Program Office or OJP. 47. Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e.. pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web -based service, including any pages that provide results or outputs from the service: "This Web site is funded {insert "in part," if applicable] through a grant from the [insert name of OJP component], Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies. and any services or tools provided)," The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement. OJP FORM 400012 (REV. 4.88) U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION 4 Bureau of Justice Assistance SHEET PAGE 17 OF IB Cooperative Agreement — — ---- - _ .... ............ ......... ........ PROJECT NUMBER 2017-AR-BX-KO03 AWARD DATE 09/30/2019 SPECIAL CONDITIONS 48, Copyright; Data rights The recipient acknowledges that OR reserves a royalty -free, non-exclusive, 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: (1) any work subject to copyright developed under an award or subaward (at any tier) and (2) any rights of copyright to which a recipient or subrecipient (at any tier) purchases ownership with Federal support. The recipient acknowledges that OR has the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under any such award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227-14 (Rights in Data-Gcncral). It is the responsibility of the recipient (and of each subrecipient (at any tier), if applicable) to ensure that the provisions of this condition are included in any subaward (at any tier) under this award. The recipient has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the Government such rights, the recipient shall promptly bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in question without further authorization from the ON program office. 49. The recipient agrees to budget finds for two staff representatives to attend one three-day national meeting in Washington, D.C. each year for the life of the grant. In addition, the recipient agrees to participate in BJA training events, technical assistance events, or conferences held by BJA or its designees, upon request. 50. The recipient agrees to budget funds for one staff representative to attend BJA's Annual Training and Technical Assistance Providers' Meeting once a year for two to three (2-3) days in Washington, D.C. In addition, the recipient agrees to participate in BJA training events. technical assistance events, or conferences held by BJA or its designees, upon request. 51. The recipient agrees to track and report to BJA on its training and technical assistance activities and deliverables progress using the guidance and format provided by BJA. 1 O111 FORM 40002 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NOMBER 2017-AR-BX-KO03 AWARD CONTINUATION SHEET PAGE 18 OF 18 Cooperative Agreement ....... _. AWARD DATE 09/30/2019 SPECIAL CONDITIONS 52. Withholding of funds: Certification with respect to federal taxes The recipient may not obligate, expend, or draw down any funds under this award until it has submitted to die program. manager, in a format acceptable to OJP, a formal written certification directed to OJP and executed by an official with authority to sign on behalf of the recipient, that the recipient (unless an exemption applies by operation of law, as described below)-- (1) has filed all Federal tax returns required for the three tax years immediately preceding the tax year in which the certification is made; (2) has not been convicted of a criminal offense under the Internal Revenue Code of 1986; and (3) has not. more [ban 90 days prior to this certification, been notified of any unpaid federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non -frivolous administrative or judicial proceeding, and until a Grant Adjustment Notice (GAN) has been issued to remove this condition. The certification must be dated, and must indicate the full name and title of the signer, as well as the full legal name of the recipient. A recipient that is exempt from any legal requirement to file or pay federal taxes (such as a government entity exempt from federal income tax), and to which the elements of the above -specified certification would not apply, must advise OJP in writing -- in lieu of submitting the above -specified certification -- that it is not subject to any legal requirement to file or pay federal taxes. 53. Withholding of funds: Disclosure of lobbying The recipient may not obligate, expend, or draw down any funds under this award until it has provided to the grant manager for this OJP award a complete Disclosure of lobbying Activities (SF-LLL) form, and OJP has issued a Grant Adjustment Notice to remove this special condition. 54 Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has received and approved the required application attachment(s) and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 55. The recipient is authorized to incur obligations, expend, and draw down funds for travel, lodging, and per diem costs only, in an amount not to exceed $5.000. for the sole purpose of attending a required OJP conference associated with this grant award. The grantee is not authorized to incur any additional obligations. or make any additional expenditures or draw downs until the awarding agency and the Office of the Chief Financial Officer (OCFO) has reviewed and approved the recipient's budget and budget narrative, and a Grant Adjustment Notice (GAN) has been issued to remove this special condition. 56. The recipient may not obligate, expend, or draw down any award funds for indirect costs, unless and until either -- (1) the recipient submits to OJP a current, federally -approved indirect cost rate agreement, or (2) the recipient determines that it is eligible under the Part 200 Uniform Requirements to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and advises OJP in writing of both its eligibility and its election. The financial review of the budget for this award is pending. if the OJP Office of the Chief Financial Officer (OCFO) determines as part of its financial review that the recipient already has submitted the documentation concerning indirect costs described above, this condition will be released through a Grant Adjustment Notice (GAN) upon completion of the OCFO final budget review. If the OJP OCFO instead determines as part of its financial review that the recipient has not yet submitted the required documentation concerning indirect costs. this condition will not be released until OJP (including its OCFO) receives and reviews a satisfactory submission. ON FORM 4000/2 (REV 4-88) U.S. Department of Justice 1` €e < Office of Justice Programs Bureau of Justice Assistance Woshinglon, D.0 205.31 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Categorical Exclusion for Institute for Intergovernmental Research Awards under the Comprehensive Opioid Abuse Program (COAP) will be used improve collaboration and strategic decision -making of regulatory and law enforcement agencies and public health officials to address prescription drug and opioid misuse, save lives, and reduce crime. None of the following activities will be conducted whether under the Office of Justice Programs federal action or a related third party action: (1) New construction. (2) Renovation or remodeling of a property located in an environmentally or historically sensitive area, including property (a) listed on or eligible for listing on the National Register of Historic Places, or (b) located within a 100- year flood plain, a wetland, or habitat for an endangered species. (3) A renovation that will change the basic prior use of a facility or significantly change its size. (4) Research and technology whose anticipated and future application could be expected to have an effect on the environment. (5) Implementation of a program involving the use of chemicals. Additionally, the proposed action is neither a phase nor a segment of a project which when reviewed in its entirety would not meet the criteria for a categorical exclusion. Consequently, the subject federal action meets the Office of Justice Programs' criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of Title 28 of the Code of Federal Regulations. Attachment F Bureau of Justice Assistance's Comprehensive Opioid Abuse Program Building Bridges Between Jails and Community - Based Treatment for Opioid Use Disorder Grant Overview and Application Overview of Funding Opportunity Individuals with opioid use disorder (OUD) pass through jails each year, placing correctional facilities at the epicenter of the opioid crisis. Few jails offer the FDA -approved medications—louprenorphine, methadone, and naltrexone— that have consistently been shown to be the most effective forms of treatment for OUD when combined with behavioral therapies. The Building Bridges demonstration project 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. Communities received coaching and technical assistance to develop a comprehensive continuum -of -care model that targets the jail population and builds bridges between in -custody and community -based treatment and supervision, including probation, parole, and court -based programs. This funding opportunity, supported by the Bureau of Justice Assistance and the Centers for Disease Control and Prevention, will make $100,000 available 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. Please see below for the eligibility criteria, allowable uses of funding, and instructions to apply for funding. Eligibility Criteria Participated in at least 80 percent of coaching calls. Implementation of at least one form of medication - assisted treatment (MAT) in your local jail by or before February 29, 2020. Allowable Uses of Funding Funds are to be used only to support the following allowable activities: 4 Implementing effective community -level opioid overdose prevention activities implementing effective linkage to care programs upon release from incarceration Enhancing public health, behavioral health, and public safety (e.g., police and law enforcement agencies, child welfare, courts and corrections, as well as first responders such as fire and paramedic/emergency services) collaborations, with a focus on scaling up promising interventions Mandatory Project Information Responses to the project activity section must be submitted via the solicitation form (see page 4) by 5:00 p.m., ET, on January 31, 2020. All other required documents must be submitted via email to COAP@iir.com. Additional Mandatory Application Requirements Work Plan (Required) Attach a work plan with a start date of March 1, 2020. The work plan should outline all planned activities. The work plan should be laid out as a table and contain the following elements: 4 Activities: All activities should be included in the work plan. BJA'sComprehensive CArnold Opioid Abuse Venchn tures • , Program 4 Responsible individuals: For each activity in the work plan, identify the organization and/or staff member responsible for carrying out the activity; and Timeline: Outline the specific time period during which the activity will occur. A work plan template has been emailed to you along with this solicitation. Budget and Associated Documentation The Budget Detail Worksheet and the Budget Narrative are now combined in a single document collectively referred to as the Budget Detail Worksheet. The Budget Detail Worksheet is a user-friendly, fillable, Microsoft Excel -based document designed to calculate totals. In addition, the Excel workbook contains worksheets for multiple budget years that can be completed as necessary. All applicants should use the Excel version when completing the proposed budget in an application, except in cases where the applicant does not have access to Microsoft Excel or experiences technical difficulties. If an applicant does not have access to Microsoft Excel or experiences technical difficulties with the Excel version, the applicant should use the 508-compliant accessible Adobe Portable Document Format (PDF) version. Both versions of the Budget Detail Worksheet can be accessed at.https://ojp.gov/funding Apply/Forms/BudgetDetailWorksheet.htm. Applicants should complete only the Year 1 tab, which is defined as March 1, 2020, to February 28, 2021. The Budget Detail Worksheet should provide the detailed computation for each budget line item, listing the total cost of each and showing how it was calculated by the applicant. For example, costs for personnel should show the annual salary rate and the percentage of time devoted to the project for each employee paid with federal funds. The Budget Detail Worksheet should present a complete itemization of all proposed costs. For questions pertaining to budget and examples of allowable and unallowable costs, see the DOJ Grants Financial Guide at https://ojp.gov/financialquide/DOJ/ index.htm. The budget summary page must reflect the amounts in the budget categories as included in the Budget Detail Worksheet. These amounts should mirror the amounts in the Budget Narrative. Indirect Cost Rate Agreement (if applicable) Indirect costs may be charged to an award only if: a. The recipient has a current (unexpired), federally approved indirect cost rate; or b. The recipient is eligible to use, and elects to use, the de minimis indirect cost rate described in the Part 200 Uniform Requirements, as set out at 2 CFR 200.414(f). An applicant with a current (unexpired) federally approved indirect cost rate must attach a copy of the indirect cost rate agreement to the application. An applicant that does not have a current federally approved rate may request one through its cognizant federal agency, which will review all documentation and approve a rate for the applicant entity, or, if the applicant's accounting system permits, applicants may propose to allocate costs in the direct -cost categories. Certain OJP recipients have the option of electing to use the de minimis indirect cost rate. An applicant that is eligible to use the de minimis rate and wishes to use the de minimis rate should attach written documentation to the application that advises OJP of both (1) the applicant's eligibility to use the de minimis rate and (2) its election to do so. If an eligible applicant elects the de minimis rate, costs must be consistently charged as either indirect or direct costs but may not be double charged or inconsistently charged as both. The de minimis rate may no longer be used once an approved federally negotiated indirect cost rate is in place. (No entity that ever has had a federally approved negotiated indirect cost rate is eligible to use the de minimis rate.) For the de minimis rate requirements (including information on eligibility to elect to use the rate), see the Part 200 Uniform Requirements, at 2 CFR 200.414(f). This document should be emailed to COAPQiir.com. Applicant Certification (Required) The applicant agency must provide a statement of assurance signed by the authorized representative of the applicant organization stating that: Federal funds made available through this award will not be used to supplant state, local, or tribal funds but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for the activities addressed in the application. 2 / Building Bridges Between Jails and Community -Based Treatment There has been appropriate coordination with all affected agencies. i The project coordinator will agree to work with BJA and its representatives as well as the selected BJA COAP training and technical assistance provider(s) and partner agencies. This document should be emailed to COAP@iir.com Accounting System and Financial Capability Questionnaire (Required) All applicants must download, complete, and submit this form: httl2://oip.aov/funding/Ap121y/Resources/ FinancialCapability_pdf. This document should be emailed to COAP@iir.com Post -Award Requirements Bimonthly Collaborative Calls The recipient of the funds will be required to have the project coordinator participate in a bimonthly call with BJA policy advisors, CDC staff members, and the IIR project manager. These calls will last no more than 1.5 hours. Additional staff members may choose to participate. Monthly, Quarterly, and Final Reporting The recipient of funds under this solicitation will be required to submit monthly progress reports, quarterly financial reports, final financial and progress reports, and, if applicable, an annual audit report in accordance with the Part 200 Uniform Requirements or specific award conditions. Future awards and fund drawdowns may be withheld if reports are delinquent. Confidentiality and Human Subjects Protection Any recipient of an award under this solicitation will be required to comply with the U.S. Department of Justice regulations on confidentiality and human subjects' protection. See Evidence, Research, and Evaluation Guidance and Requirements, at https:// oip.gov/funding/Explore/SolicitationRequirements/ EvidenceResearchEvaluation Requirements.htm. All funded applicants will be required to provide documentation of compliance with this requirement prior to commencing data collection. Applicable Federal Laws and Regulations All awards are subject to the availability of appropriated funds and to any modifications or additional requirements that may be imposed by law. Applicants selected for awards must agree to comply with additional legal requirements upon acceptance of an award. Additional information for each requirement can be found at https://ojp.gov/funding/ index.htm. Applicant Process Applications due: January 31, 2020 Review of applications: February 1 through February 10, 2020 Notification of awards: No later than February 17, 2020 Project begins: March 1, 2020 Application Checklist Mandatory Project Information Form (see page 4) Budget Detail Worksheet (see page 2) Indirect Cost Rate Agreement (if applicable) (see page 2) Work Plan (see page 1) Applicant Certification (see page 2) Accounting System and Financial Capability Questionnaire (see page 3) 3 / Building Bridges Between Jails and Community -Based Treatment Bureau of Justice Assistance's Comprehensive Opioid Abuse Program Building Bridges Between Jails and Community - Based Treatment for Opioid Use Disorder Submission Deadline Applications for the Building Bridges between Jails and Community -Based Treatment for Opioid Use Disorder Implementation Funding are due by 5:00 p.m., ET, on January 31, 2020. Please submit the application by completing this form. By using Adobe Acrobat Reader, you will be able to submit your application directly through a button on the form. A free download of Adobe Acrobat Reader can be found at https://get.adobe.com/reader. If using another PDF program, please complete the form and save your responses, then email a copy of the completed form, along with any required documents or attachments, to COAP@iir.com. Questions Should you have questions about the application process or issues with submission, please send an email to COAP@iir.com. Mandatory Project Information Applicant jurisdiction: Applicant organization: Employer identification number: Type of applicant: 0 County government © City or township government © Nonprofit organization © For -profit organization ® Other (explain) 4 / Building Bridges Between Jails and Community -Based Treatment First name Last name Job title Phone number Email address Street address City State ZIP code Project Category 1: Implementing Effective Community -Level Opioid Overdose Prevention Activities Check each of your intended use(s) of funding and provide a description of your activities and objectives. You may select more than one, or not applicable if you will have no acitivites within this category. ❑ Not applicable ❑ Provide training/information to the community and media on the impact of substance abuse and strategies being employed in your community to address SUD. ❑ Provide individual and caregiver education and training on the risks and side effects of prescription and illicit drugs and administering naloxone. Provide training and technical assistance on naloxone distribution to government agencies, community -based service or treatment providers, or educational institutions. ❑ Provide education to improve family members' or caregivers' understanding of evidence -based treatments and prevention strategies related to SUD. 5 / Building Bridges Between Jails and Community -Based Treatment ❑ Other (explain) ❑ Other (explain) ❑ Other (explain) Category 2: Implementing Effective Linkage to Care Programs Upon Release .From Incarceration Check each of your intended use(s) of funding and provide a description of your activities and objectives. You may select more than one, or not applicable if you will have no acitivites within this category. Not applicable. ❑ Develop recovery communities, recovery coaches, and recovery community organizations to expand the availability of and access to recovery support services. ❑ Develop a plan for pre-trial and post -trial populations leaving jail or secure residential treatment to connect them to treatment and recovery supports. Improve the availability and coordination of transportation services to connect rural residents to recovery and other support services. ❑ Develop data sharing agreements with public health, behavioral health, and public safety agencies to allow for sharing of information and assessing success of programs and policies. 6 / Building Bridges Between Jails and Community -Based Treatment ❑ Develop shared data systems to allow public health, behavioral health, and public safety agencies to effectively share information about individuals who have SUD and connect to appropriate services. ❑ Provide transitional or recovery housing as part of a comprehensive response strategy. ❑ Other (explain) ❑ Other (explain) ❑ Other (explain) Category 3: Enhancing Public Health, Behavioral Health, and Public Safety Collaborations, with a'Focus on Scaling Up Promising Interventions Check each of your intended use(s) of funding and provide a description of your activities and objectives. You may select more than one, or not applicable if you will have no acitivites within this category. ❑ Not applicable. ❑ Develop data sharing agreements with public health, behavioral health, and public safety agencies to allow for sharing of information and assessing success of programs and policies. ❑Develop shared data systems to allow public health, behavioral health, and public safety agencies to effectively share information about individuals who have SUD and connect to appropriate services. 7 / Building Bridges Between Jails and Community -Based Treatment ❑ Develop outreach teams to follow up with justice -involved individuals at risk of overdose, particularly those who have just experienced nonfatal overdoses. ❑ Establish/expand court -based intervention programs to prioritize or expedite services to court -involved individuals who have SLID. ❑ Develop a plan for pre-trial and post -trial populations leaving jail or secure residential treatment to connect them to treatment and recovery supports. ❑ Expand or enhance models of care that have demonstrated effectiveness in serving justice -involved individuals with a history of SUD. ❑ Other (explain) ❑ Other (explain) ❑ Other (explain) 8 / Building Bridges Between Jails and Community -Based Treatment 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.bja.aov and follow us on Facebook (www.facebook.com/DOJBJA) and Twitter (CDOJBJA). 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. 9 / Building Bridges Between Jails and Community -Based Treatment AGREEMENT BETWEEN COLLIER COUNTY COMMUNITY AND HUMAN SERVICES AND COLLIER COUNTY SHERIFF'S OFFICE Building Bridges Between Jails and Community -Based Treatment for Opioid Use Disorder THIS AGREEMENT is made and entered into this l� day of Q. 2021, by and between Collier County, a political subdivision of the State of Florida, COUNTY or Grantee) having its principal address.f at 3339 E Tamiami Trail, Naples FL 34112, and Collier County Sheriff's 0 lee (SUBRECIPIENT), a }=r constitutional office having its principal office at 3319 Tamiami Trail East, Naples, Florida 34112. WHEREAS, funds have been allocated to the Institute for Intergovernmental Research (IIR) under Catalog of Federal Domestic Assistance (CFDA) number 16.83 8 (Comprehensive Opioid Abuse Site -Based Program) by the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), in federal Grant Award Number 2017-AR-BX-K003, Comprehensive Opioid Abuse Program (COAP) Training and Technical Assistance Program (dated September 30, 2019), for the 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 (Board) approved the subaward agreement with the Institute for Intergovernmental Research (IIR); and WHEREAS, on February 16, 2021, the lIR approved Amendment 1 with the Board to extend the agreement for an additional six months to August 31, 2021; and WHEREAS, on July 27, 2021, the IIR approved Amendment 2 with the Board to again extend the agreement for an additional 16 months, to December 31, 2022; and COLL11 R COUNTY SHERIFF'S OFFICE O Vi7 BRIDGES21 Page ! Building Bridges Between Jails and Community Based-TreaSmCnl for Opioid Use Disorder 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 NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: 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 assistance from the Department of JusticeBurcau of Justice Assistance (DOJ/BJA) 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 Description of project and outcome: This project is in furtherance of the Building Bridges Demonstration project, which supported a 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 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. This agreement will fund the delivery of discharge planning services to inmates in the Collier County jail who are receiving or interested in receiving Medication -Assisted Treatment (MAT). Services will include but are not limited to: coordination with MAT providers, making MAT referrals, and other supportive re-entry service referrals upon release. Project Component One: Salary, payroll taxes, and fringe benefits for one (1.0) FTE Discharge Planner 1.1 GRANT AND SPECIAL CONDITIONS A. Within thirty (30) calendar days of the execution of this Agreement, SUBRECIPIENT must deliver to CHS for approval, a detailed implementation schedule for the completion of the project. COLLIER COUNTY SHERIFF'S OFFICE O BRIDGES21 Page 2 Building Bridges Between Jails and Community Based -Treatment for Opiaid Use Disorder B. The following resolutions and policies must be submitted to CHS within sixty (60) clays of execution of this Agreement: ® Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ❑ Procurement Policy ® Sexual Harassment Policy ® Section 504/ADA Policy ® Fraud, Waste, and Abuse Policy ® Language Assistance and Planning Policy (LAP) ® Violence Against Women Act (VAWA) Policy ® Equal Access for Transgender Persons Policy (LGBTQ Policy) ® Texting and Driving Policy ® Confidentiality & Human Subject Protection Policy C. SUBRECIPIENT will not undertake any activity or commit any funds prior to receiving the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this Agreement. Annual Subrecipient Training All SUBRECIPENT 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. 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 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Salary, payroll taxes, and fringe benefits for one (1.0) FTE Discharge $56,263.93 Planner Total Federal Funds: $56,263.93 No Match funds are associated with this Subrecipient Agreement. The SUBRECIPIENT will accomplish the following checked project tasks: ® Maintain beneficiary documentation, and provide to the COUNTY as -requested ® Provide Bi-montlily Progress Reports ® Provide Quarterly Financial Reports ® Required attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Page 3 Building Bridges Between jails and Community Based-Treahnent for Opioid Use Disorder Ltir `) ® Required attendance and participation on Bi-monthly collaborative calls with Grant Coordinator, BJA Policy Advisors, CDC Staff members, and the IIR Project Manager. Identify Lead Project Manager ® Ensure project sites are Section 504fADA accessible B. Performance Deliverables Program Deliverable ing DeliverabEinthis Submission Schedule Special Grant Condition Policies Docu Policies as sta Within sixty (6 .1 daysof A reement execution Section 1.1 Agreement Insurance Certificate s of Within this 30 days g �' ( ) y Insurance Agreement execution and Annually within thirty (30) days of renewal. Detailed Implementation project Schedule Pro j NIA Schedule 3ra day following the end of the Bi-Monthly Progress Report Exhibit C bi-months reporting eriods Annual Audit Monitoring Exhibit D Annually within 60 days after FY end Re ort Financial and Compliance Audit Audit, Management Letter, and Annually nine (9) months after FY end for Single Audit BJAIMAT Policies and Su ortin Documentation Policy and Procedure Manual Within 60 days of Agreement execution Procedures Sign -in Sheet Bi-Monthl , as scheduled hV IIR Collaborative Calls i C. Payment Deliverables Pa ment Deliverable Pa ment Su ortin Documentation Submission Schedule onYelu Salary, payroll taxes, and fringe Exhibit B: Submission of supporting documents must be provided as backup, P y q sots for t1 en; benefits for one (1.0) FTE as evidenced by timesheet, payroll month shell be Discharge Planner register, check stubs, bank statements, submitted no later than 15 days after the and any other documentation, as month end requested. 10% retainage released upon final monitoring clearance The COUNTY shall withhold 10 percent 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. 1.3 PERIOD O1F PERFORMANCE SUBRECIPIENT services shall begin on December 1, 2021 and shall end on December 31, 2022. COLLIER COUNTY SHERIFF'S OFFICE BRI❑ GES21 Page 4 Building Bridges Betweeti ]ails and Community Based -Treatment for Opioid Use Disorder 0-vo 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. SUBRECIPIENT sliall submit the request for extension in writing to the Grant Coordinator. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available FIFTY-SIX THOUSAND, TWO HUNDRED AND SIXTY-THREE DOLLARS AND NINETY-THREE CENTS ($56,263.93) for use by the SUBRECIPIENT during the term of the Agreement (hereinafter, referred to as the "Funds"). Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners (Board) approval. 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 DOJIBJA funds until needed for eligible costs; and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every quarter. 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 is required. Explanations may 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. No payment will be made until approved by CHS for grant compliance and adherence to all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment suspension of any open pay requests until the required deliverables are received by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Page S Building Bridges Between Jails and Community Based -Treatment for Opioid Use Disorder OVO (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(s) 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 in 2 CFR 200.318-200.326. Allowable costs incurred by Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles. 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 Sherman, Grant Coordinator Collier County Government Community and Human Services Division 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Catherine.Sherman@colliercountytl.gov Telephone: (239) 252-1425 5UBRECIPIENT ATTENTION: Marien Ruiz, General Accounting Manager Collier County Sheriff's Office 3319 Tamiami Trail E. Building J Naples, Florida 34112 Email: Marien.Ruiz@colliersheriff.org Telephone: (239) 252-0852 Ren►ainder of Page Intentionally Left Blank COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Building Bridges Between Jails and Community Based -Treatment for Opioid Use Disorder Page 6 ovo 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. Subrecipients that expend $750,000 or more in federal awards annually shall 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 SUBRECIPIENT's records and financial statements, 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. SUBRECIPIENT must clear any deficiencies noted in audit reports within 30 days after receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subreeipient audits. SUBRECIPIENT agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency during the period of performance for this award, if the SUBRECIPIENT is designated as "high -risk" for purposes of the DOJ high -risk grantee list. 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 BJA requirements to determine compliance with the requirements of this Agreement, the Building Bridges Program, and all other applicable laws and regulations. This documentation shall include but is not limited to, the following: A. All records required by DOJBJA regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by the COUNTY to perform the service. C. SUBRECIPIENT shall, at any time upon request, make available to the COUNTY or CHS 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 COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Building Bridges Between Jails and Community Based -Treatment for Opioid Use Disorder Page 7 O'Vj generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail to 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 five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333. However, 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. If SUBRECIPIENT ceases to exist after the 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 200.336. The 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. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329 Michael.Coxcolliercountyfl,Lyov, 3299 Tamiami Trail E, Naples FL 34112. E. 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 eligibility files on clients served and documentation that all households are eligible under 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 requirement(s) under which funding has been received was achieved. This includes DOJBJA special considerations and reporting requirements. COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Building Bridges Between Jails and Community Based -Treatment For Opioid Use Disorder Page 8 5MT 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 from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. I. 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. 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 Subreciplents 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/BJA, to enable CHS to evaluate said progress and allow for completion of required reports. SUBRECIPIENT shall allow CHS or DOJIBJA to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or DOJIBJA. COUNTY will monitor the 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, further defined by 2 CFR 200.331. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action within a reasonable period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide DOJBJA, 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 necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agrecment, and provide proper and effective management of all Program and Fiscal activities of COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Building Bridges Between Jails and Community Based -Treatment for Opiaid Use Disorder Page 9 Oda the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all records, employees, and agents for the purpose of 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 or any entity that receives a procurement contract or subcontract with any funds under this award, may not require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict the reporting (in accordance with law) of fraud, waste, or abuse to an investigative or law enforcement representative of a Federal department or agency authorized to receive such information. SUBRECIPIENT certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict) reporting of fraud, waste, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the Federal agency making this award, and will resume (or permit resumption of} such obligations only if expressly authorized to do so by that agency. SUBRECIPIENT must comply with, and is subject to, all applicable provisions of 41 USC 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 fiends, 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. 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. 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: 1. Initial noncompliance may result in CHS issuing Findings or Concerns to SUBRECIPIENT, who will be required to submit a corrective action plan to CHS within 15 days following issuance of the report. COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Building Bridges Between Jails and Community Based -Treatment for Opioid Use Disorder Page 10 OVJ • 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 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 funds be returned to the COUNTY. • CHS may require upwards of 5 percent (5%) of the award amount be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT may be denied future consideration, as set forth in 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/BJA investment for acquisition of the properties conveyed, be returned to the COUNTY. • CHS may require upwards of 10 percent (10%) of the award amount to be returned to the COUNTY, at the discretion of the Board. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. 4. If after repeated notification SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board to immediately terminate the Agreement. The SUBRECIPIENT will be required to repay all funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Building Bridges Between Jails and Community Based -Treatment for opioid Use Disorder Page I 1 OV11 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports and the 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 Bi-Monthly progress reports to the COUNTY on the third day following the end of the preceding month. 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 if the 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 COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Building Bridges Between Jails and Community Based -Treatment for Opioid Use Disorder Page 12 ova PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT acknowledges that this Agreement is being funded by the federal awarding agency under a Cooperative Agreement to I1R and that it is subject to all applicable federal laws, rules, regulations, orders, policies, and requirements. SUBRECIPIENT shall procure and maintain all licenses, authorizations, waivers, permits, qualifications, and certifications required to perform the work and shall fully comply with and include, in any permitted subawards or subcontracts hereunder, provisions requiring compliance by its subcontractors (defined herein as any contractor with whom SUBRECIPIENT further contracts to complete the work) with all applicable local, state, and federal laws, rules, regulations, orders, policies, and requirements. The SUBRECIPIENT agrees to comply with all 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 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, or corporation. At any time during this Agreements, IIR may require a separate supplemental nondisclosure agreement to be executed detailing any applicable additional obligations. 3.4 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, Iife and/or medical insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is independent from COUNTY. 3.5 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 COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Building Bridges Between Jails and Community Based -Treatment for opioid Use Disorder Page 13 OdZ) 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 its obligations under this Agreement. The COUNTY will send a written request to IIR for ay require consideration of amendments to S B�to make a final detel'minationtto approve orddditional enythe information from the SUBRECIPIENT amendment. Circumstances requiring an amendment include, but are not limited to: • Change in point of contact/notices information • Request for no -cost extension • New project director, designated key staff, authorized representative or signing authority • Fund shifts between approved budget categories exceeding 10 percent of the total subaward amount • Change in the scope of project activities The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, available funding amounts, or for 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. 3.6 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from DOJBJA under a Cooperative Agreement with the Institute for Intergovernmental Research (IIR) and is subject to all applicable federal laws, rules, regulations, order, policies, requirements, and any agreement between COUNTY and IIR governing 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 the financial by the County Manager to be insufficient to adequately administer the of the funds will not be resources necessary to continue to pay SUBRECIPIENT all or any portion available. In either event, the COUNTY may terminate this Agreement, which shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the funds are no longer available. In the event of such termination, SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the iale for the performance of this County Commissioners and/or County edreleasedtfram apersonally ny further lbiability to SUBRECIPIENT Agreement, and the COUNTY shall b under the terms of this Agreement. SUBRECIPIENT certifies the information it provided to the COUNTY for submission to the Federal Funding Accountability and Transparency Act (FFATA) Subaward Reporting System (FSRS) is complete and accurate. COLLIER COUNTY SHERIFF'S OFFICE Page 14 BRIDGES2] Building Bridges Between Jails and Community Based -Treatment rnr Opioid Use Disorder Ovo 3.7 FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) SUBRECIPIENT certifies that the information provided to the COUNTY for submission to the FFATA Subaward Reporting System (FSRS), on the form included as Exhibit E is complete and accurate. 3.8 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the 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, which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue there- on, This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration of termination of this Agreement. 3.9 GRANTEE RECOGNITIONISPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, sim advertisements, descriptions of p �� and releasain ed by the SUBRECIPIENTrships, research repoi-ts, for otn behalf of, alic nd/or whether printed or digitally preps about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF JUSTICE (DOJ)- BUREAU OF JUSTICE ADMINISTRATION (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 to the public regarding the development team 3.10 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.340, this Agreement may be terminated for convenience by either the COUNTY or 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 COLLIER COUNTY SBER7FF'S OFFICE Page Is BRIDGESS2I ON Building Bridges Between Jails and Community Based -Treatment for Opioid Use Disorder of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in 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, in compliance with 2 CFR 200, Appendix II (A): A. SUBRECIPIENT's failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and DOJBJA 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 of reports to the COUNTY 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. G. 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, in compliance with 2 CFR 200, Appendix II (B): A. Require specific performance of the Agreement, in whole or in part. B. Require the use of, or change in, professional property management. C. Require SUBRECIPIENT to immediately repay to the COUNTY all DOJBJA fiends received under this Agreement, D. Apply sanctions if COUNTY determines them 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 the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. COLLIER COUNTY SHERIFF'S OFFICE BRIDGE521 Page l6 Building Bridges Between Jails and Community Based -'Treatment for opioid Use Disorder OV In the event that either party (a) becomes insolvent, subject to receiverships, or voluntarily or involuntarily subject to the jurisdiction of the bankruptcy court; (b) makes any misrepresentation hereunder or breaches any warranty, covenant, obligation, or term hereof, including without limitation, the failure to satisfactorily perform the work within the time requirements specified in this Agreement; or (c) 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 t five the defaulting/breaching party and the subsequent failure of the defaulting/breaching party, that the (5) business days of such notice, to provide evidence satisfactory to the canceling party declared default or breach has been corrected. 3.11 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)) gui 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/BJA funds, per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the CO[]NTY's right (nor excuse SUBRECId�obligation) Regulations regarding real property are or property, as the COUNTY may deem necessary. subject to 2 CFR 200.311. If SUBRECIPIENT claims and receives payments from COUNTY hereunder, reimbursement for which is later disallowed by the COUNTY, I�h CO��YAThe BRECIPIENT shall, OUNTY may offset the amount on request, promptly refund the disallowed am disallowed from any payment due or to become due to SUBRECIPIENT. 3.12 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit � a d 2 CFR s� performance has been taundersthe aid insurance shall be carried continuously g SUBRECIPIENT Agreement, 3.13 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform� Administrative setq ), and the federal regulationses and forthe Audit Requirements for Federal Awards Building Bridges between Jails and Community Based Treatment for Opioids grant program. CGLLIRR COUNTY SHERIFF'S OFFICE Page 17 BRIDGES21 i- Building Bridges Between Jails and Community Based -Treatment for Opioid Use Disorder Ody 3.14 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through 200.326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: 0 - $50,000 3 Written Quotes 50.001+ Formal Solicitation GTJ3 RFP, etc. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall procure, acquire, or use 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, J steni with and 2 CFR 200.323. ing a satisfactory level of completion, per 2 CFR 200, AppendixII ( ) All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.322, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion. Contract administration shall be conducted by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the Project. Sole Source Approval: All purchases/contracts under this Agreement should be competitively awarded unless circumstance precludes competition. When a purchase contract exceeds $250,000 and there has been no competition, SUBRECIPIENT must forward to the COUNTY a sole source justification for the purchase/contract and obtain approval prior to finalizing the purchase/contract. Unreasonable restrictions on competition under this award; association with federal government; This condition applies with respect to any procurement of property or service that is funded (in whole or in part) by this award, whether by COUNTY or SUBRECIPIENT, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be included in any subaward (at any tire). Consistent with the (DOJ) Part 200 Uniform Requirements — including as set out at 2 CFR 200.300 (requiring awards to be "managed and administered in a manner so as to ensure that Federal funding is expended and associated programs are implements in full accordance with US statutory and public policy requirements") and 200.319(a) (generally requiring [a] procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as placing unreasonable requirements on firms in order for them to qualify to do business" and taking "any arbitrary action in the procurement process") — the COUNTY or SUBRECIPIENT (at any tier) may not (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status an "associate of the Federal COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Page 18 Building Bridges Between Jails and Community Based-'rreaunent %r Opioid Use Disorder Qdo 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 CPR 200.319(a) or as specifically, authorized by USDOJ. 3.15 PROGRAM GENERATED INCOME No Program Income is anticipated. However, if Program income is derived from the use of DOJBJA funds disbursed under this Agreement, such Program Income shall be utilized by the SUBRECIPIENT for eligible activities approved by COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded by DOJBJA funds shall be reported to the COUNTY through an annual Program Income Re -use Plan, utilized by SUBRECIPIENT accordingly, and shall comply with 2 CFR 200.307 and 24 CFR 570.5031 in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by DOJIBJA funds, the income shall be prorated to reflect the ce at Percentage of DOJBJA funds used. erthtoethe COUNTY'sis a Program ncome DOJBJAnp ogr•ame ford further of the Program Year, such balance shall rev reallocation. 3.16 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. SUBRECIPIENT may close out the project with COUNTY 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, the 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 exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343. 3.17 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. e projt sha ll be given To the greatest extent feasible, lower °lne In addition,s of t° the hgreatest extentsfeasible, eligible opportunities for training and employment. COLLIER COUNTY SIIERIFF'S OFFICE Page 19 BRIDGES21 Building Bridges Between Jails and Community Based -Treatment for Onioid Use Disorder Ov business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. SUBRECIPIENT will not discriminate against any employee, applicant for employment, subcontractor, or bidder based on perceived or actual age, race, color, national origin, religion, sex, disability, sexual orientation, gender identity, ancestry, uat ons If SUBRECIPIENT hasdisability reeeIand vedsapy comply with all applicable federal laws and regl adverse finding of discrimination in the three years insletermofthsrior to the ate of this AgieelnentAgreement, or if it ,SUBRECIpIENT receives and adverse finding of discrimination during t must submit a copy of the findings to the COUNTY for review. COUNTY may be required to forward any such finding of discrimination to the Office for Civil Rights. SUBRECIPIENT certifies that it is compliant with the applicable Equal Employment Opportunity Plan (ESOP) requirements or claims a complete or limited exemption from the EEOP requirements and has completed the EEOP Certification Form. 3.18 OPPORTUNITIES FOR SMALL AND MINORITY/W OMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford nmal�businesses articipate inn the performance of this d minority and women's business enterprises the maximum practicable opportunity the Agreement. As used in this Agreement, the to m "small s Acte as ' amended (15means a ,U ess StC t632)tsand criteria set forth in section 3(a) of the Small Businesand °`minority and women's business enterprise" means aFp s the purposet is aof this t least Sdefin defint nition, "minority controlled by minority group members or wom apish surnamed or Spanish -heritage group members" are Afro-Americans, Spanish-speaking, Spen Americans, Asian -Americans, and American Inas miians. The nority nosty and "omen's businessPIENT may rely enterprises, representations by businesses regarding their status in lieu of an independent investigation. 3.19 AFFIRMATIVE ACTION p The SUBRECIPIENT agrees that it shall b pursuant to the COUNTY's specifications, in keeping with the pr nciples as provided in President s Executive Order 11246 of September 24,11196o th�� d of � ds shall submit a plan for an Affirmative Action Program for approval prior 3.20 CONFLICT OF INTEREST tly exercises The SUBRECIPIENT covenants that no new►ii} theder its Pro project, has any pery, who sanalnfinancial interest, functions or responsibilities in connect hich would conflict in any manner or degree with the direct or indirect, in the Project areas, wson performance of this Agreement. In ad Sii]Ron ECIPIENT covenantsshall not thatoy that it will subcontract comply wpth all having any conflict of interest. The COLLIER COUNTY SHERIFF'S OFFICE Page 20 BRIDGES21 Building Bridges Behveen Jails and Community Based -Treatment for Opioid Use Disorder Od provisions of 24 CFR 570.611 "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 to CHS in writing, 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. 3,21 RELIGIOUS ORGANIZATIONS D011B3A funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2000). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows; A. It will not discriminate against any employee or applicant for employment based on religion and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services based on religion give preference to persons based on religion. and will not limit such services or C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use D031133A funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The DOJB]A funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to funds in this part. Sanctuaries, chapels, or other rooms that a DO11BJA funded religious congregation uses as its principal place of worship, however, are ineligible for DOJIBSA funded improvements. COLLIER COUNTY SHERIFF'S OFF'CR page 21 BRIMES21 � Building Bridges Between Sails and Community Eased -Treatment ror Opioid Use Disorder 01 O ` 3.22 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the 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. 3.23 SEVERABILITY If any term, covenant, condition, or provision of this Agreement is determined to be invalid or unenforceable, the remaining terms, covenants, conditions, and provisions hereof shall continue to be enforceable to the fullest extent provided by law. 3.24 ENTIRETIES through F, constitutes the entire Agreement between This Agreement, which includes Exhibits A or the parties with respect to the subject ane��1SrAg� There are this Agreement,supersedes,all obligations other than those contained previous communications, representations, or agreements, either verbal or written, that may have been 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. Remainder of Page Intentionally Left Blank COLLIER COUNTY SHERIFF'S OFFICE gage 22 BRIDGES21 Building Bridges Between Jails and Community Based -Treatment for Opioid Use Disorder ()do PART IV GENERAL PROVISIONS 4.1 Compliance with general appropriations -law restrictions on the use of Federal funds: SUBRECIPIENT must comply with all applicable restrictions on the use of Federal funds set out in Federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2019, are set out at: https://ww-w.ojp.aoy/fundiiir explore/fyl9apt)ropriationsrestrictions and are incorporated by reference here. 4.2 Requirements of the award; remedies for non-compliance or for materially false statements: the conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Failure to comply with any one or more of these award requirements — whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period — may result in the office of Justice Programs (OJP) taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. The Department of Justice (DOJ), including OJP, may also take legal action as appropriate. Any materially false, fictions, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 USC 1001 and/or 1621, and/or 42 USC 3795a) and may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 USC 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. 4.3 Reporting potential fraud, waste, abuse, and similar misconduct: SUBRECIPIENT must promptly refer to the Office of the Inspector General (01G) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person that has 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 report to the OIG by — (1) online submission accessible via the OIG webpage at https l/oioigjustice,gov/hotline/€Trant-coinplgpt (select "Submit Report Online"); (2) mail directed to Office of the Inspector General, US Department of justice, Investigations Division, 1425 New COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Page 23 Building Bridges Between Jails and Community Based -Treatment For Opioid Use Disorder GO York Avenue, N.W., Suite 7100, Washington, DC 20530; and/or (3) by facsimile directed to the DOVOIG Fraud Detection Office (Attn: Grantee Reporting) at (202) 616-9881 (fax). 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.liud.gov/sites/docum.-iitstDOC 7771.PDF https://Www.justice.gov/crt/fair-housiiig-act-I Executive Order 11063 — Equal Opportunity in Housing https://www.at.chives-gov/federal- reister/codification/executive-order/11063.html Executive Order 11259 — Leadership & Coordination of Fair Housing in Federal Programs htts://www,arcliives, ov/fedcral-re isterlcodification/executive-order/12259.btml 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended https://www.hiid.gov/prograrndescription/titte6 4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 — which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: hti.,-s://www.d-ol.p-ov/agencies/ofec /executive -order-! 1246/as-amended EO 11375 and 12086: see item 48 below 4.7 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972) 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. - litt s://www.hud. ovl ra ramdescri tion/title6 4.8 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.law.cornell.edu/uscode/text/42/chapter-76 11246: hgs://www.dol-govfofccp/regs/statutes/eol 1246.litm 11375: Amended by EO 11478 11478: htt s://www,archives. ov/federal-re ister/codification/executive-order•/11478.html 12107: https: /www.archives.ov/federal-re ister/codification/executive-order/12107.htmi 12086: hqps: /www.archives.ov/federal-re ister/codificatioll/cxccutive-order/12086.htmi 4.9 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.9-ov/wbd/regs/statutes/safeO I.df 4.10 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), Section 504: https://www.epa.p-ov/ocr 29 USC 776: htt s:Hlaw.onecte.com/uscodeY29/7 66.html 4.11 The Americans with Disabilities Act (ADA) of 1990: SUBRECIPIENT shall comply with the ADA requirements, which guarantee nondiscrimination and equal access for persons with disabilities in employment, public accommodations, transportation, and SUBRECIPIENT COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Page 24 Building Bridges Between Jails and Community Based -Treatment for Opioid Use Disorder ovo programs, activities, and services, including applicable requirements related to website access and use by the disabled. 4.12 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders as revised by Executive Order 13279. E.O. 13279: http://www.fedizovcontracts-co e02-96.htm 4.13 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination: SUBRECIPIENT must comply with all applicable requirements of 28 CFR Part 42, specifically including any applicable requirements in Subpart E that relate. to an equal employment opportunity program. SUBRECIPIENT must comply with all applicable requirements of 28 CFR Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." SUBRECIPIENT must comply with all applicable requirements of 28 CFR Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, 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, currently, also sets out rules and requirements that pertain to Subrecipients 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 28 CFR. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at htt salwww.ecfi', ov/c i-bin/ECFR? a e-browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under c-CFR "current" data. 4.14 Public Law 100-430 —the Fair Housing Amendments Act of 1988. ht# s:llwww.ncbi.nhn.nih.gov/piibmed/12289709 4.15 2 CFR 200 et seq -- Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. htt salwww.ecfr. ovlc =i-bin/text-idx?t 1=lecfrbrowseCl it1e0212cfr20D main 02.k 1 4.16 2 CFR 200.216 — Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use(s) covered telecommunications equipment or services as a substantial component of any system, or as critical technology as part of any system. COLLIER COUNTY SHERIFF'S OFFICE BRIDGES2I Page 25 Building Bridges BeMeen jails and Community Based -Treatment for Opioid Use Disorder OW) 4.17 Immigration Reform and Control Act of 1986 littpsa/www.eeoc.gov/eeoc/history/35th/thelaw/irea.htmI 4.18 Prohibition of Gifts to COUNTY Employees —No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes-erver.colnllaw/state/floi-idalstatates/flot-ida statutes chapter 112 art iii Collier County- i,ttp://www.colliergov.net/home/stiowdocuinent7 dd=35137 4.19 Order of Precedence: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except that the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.20 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. 4.21 Dispute Resolution: Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between he parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall t be attended by representatives of SUBRECIPIENT with full decision -making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval, Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court, and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESANYCIVSLYIL Li VE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY Y LITIGATION RELATED TO, OR ARISING OUT OF, S AGREEMENT OF OF ANY htt s:/Iwww.11senate. ov/Laws/Statutes/2012/44.10 2 4.22 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https.//www.Povinfo.lovlcontentlt7kl?IUSCODE- 2010-title4211►tmWSCODE-20lQ-title42-cha 85.1-ltm http:g://www.law.col-nell.edu/uscode/text/42/chapter-85 COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Page 26 Building Bridges Between Jails and Colnmuuity Based -Treatment for Opioid Use Disorder Ovo b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. htt s:llwww, ovinfo. �ovlcontentl k SCODE-2011-title33/ df/(ISCODE-2011-title33- cha 26. df htt s:/lwww.law.cornell.edu/uscode/text/33/cha ter-26 4.23 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. htt s:llwww.n s. ovlhistoi /local-law/nh a1966.htm lltt s://www.ach ov/sites/default/filesire ulations/2017-02/re s-revM. df In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or Local historic property list. htt s://Www.n s. Ovlhistor /local-law/nh al966.htm 4.24 The SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). htts://www. o. ov/fds s/ ranulelUSCODE-2009-IitIe411C1SCODE-2009-titic4l-cha 10- sec701 4.25 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly ction, with a person who is similarly enter into any lower tier contract, or other covered transa debarred or suspended from participating in this covered transaction. https://www.archives ovlfederal-re ister/codification/executive-order/12549.httnl 4.26 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, ct seq. 4.27 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.344, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout, htts://www.ecfr. ov/c i-bin/text- 535e83fed3010308aef&mc=true&node=se2.1.200 1344&r n=div8 idx?S1D=5a78addefftga COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Page 27 Building Bridges Behveen Jails and Community Based -Treatment for Opioid Use Disorder od� 4.28 As provided in § 287,133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. littp://iA,ww,lev,.state.fl.us/Statutes/index.cfin?App mode=Dis la Statute&Search Strin =&UR L=0200-0299/0287/Sections/0287. l 33.html 4.29 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person 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 the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.30 Travel Reimbursement: Meals and Lodging: SUBRECIPIENT understands that meal and lodging expenses must conform to the limits established by the U.S. General Services Administration as published at httus: www.gsa.gov/travel-resources. Authorized travel will be reimbursed in accordance with IIR's Travel Policy for Non-IIR Employees. 4.31 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 COUNTY prior to booking such tickets. 4.32 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. 4.33 Meeting Rooms and Audiovisual: SUBRECIPIENT understands and acknowledges that utilization of and costs for meeting rooms and audiovisual must comply with the requirements included in the DOJ Grants Financial Guide. 4.34 Event Advance Approval; Expenses and Reporting: 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 COLLIER COUNTY SHERIFF'S OFFICE BRIDGES2I Page 28 Building Bridges Between ]ails and Community Based -Treatment for Opioid Use Disorder OVD for expenses related to conferences (as that term is defined by DQJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences, Information on the pertinent DOI definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Post award Requirements" in the DOJ Grants Financial Guide). SUBRECIPIENT is responsible for providing the necessary information to the COUNTY for COUNTY to evaluate the either provide advance approval or disapproval for all events. In the absence of approval, event costs are not allowable for reimbursement under this Agreement except for commitments entered into in good faith while prior approval was being solicited. If prior approval is not received, SUBRECIPIENT is responsible for taking steps to minimize the costs charged to this Agreement, SUBRECIPIENT will provide the event information the 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 IIR). COUNTY will notify SUBRECIPIENT of approval/disapproval no later than thirty (30) days prior to the scheduled event. SUBRECIPIENT will notify COUNTY if there are changes to the information provided on the Event Request/Report form. SUBRECIPIENT will provide actual event and cost information to the COUNTY for each event within folly -five (45) days of event completion. The actual information will be submitted to the COUNTY on/with the Event Request/Report form. 4.35 Florida Statute 448.095 Employment Eligibility. Per Florida Statute 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021, Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http://www.lev,.state-fl.us/statutes/index.cfm?App mode=Dis la Statute&URL=0400- 0499/0448/0448.1itml 4.36 Employment Eligibility Verification: SUBRECIPIENT must 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 SUBRECIPIENT properly verifies the employment eligibility of the individual who is being hired, consistent with the provision of 8 USC 1324a(a)(1) and (2). SUBRECIPIENT will notify all persons 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 USC 1324a(a)(1) and (2) that generally speaking, make it unlawful in the United States to hire (or recruit for employment) certain aliens. SUBRECIPIENT will 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 USC 1324a(a)(1) and (2). SUBRECIPIENT will, as part of recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Page 29 Building Bridges Between Jails and Community Based -Treatment for Opioid Use Disorder OVD compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings. 4.37 Employment Eligibility Confirmation with E-Verify: For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, SUBRECIPIENT may choose to participate in, and use, E-verify (hUl2s://www.e-verify.go ), provided an appropriate person authorized to act on behalf of SUBRECIPIENT uses E-verify (and follows the proper E-verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") 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. 4.38 Florida Statutes 713.20, Part 1, Construction Liens htt s://www.le .state.fl.us/Statutes/itidex.cfin?A mode=Dispigy Statute&URL=0700- 0799/0713/0713.html 4.39 Florida Statutes 119,021 Records Retention http://www.leg.state.fi.tis/Statutes/index..cfin?App mode=Dis la Statute&URL=0100- 0199/0l i 9/5cetions/0119.021.html 4.40 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Dis la Statute&URL=0100- 0199/0119/Secti ons/0119.071.html 4.41 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. 4.42 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 htt s://o' ov/about/ocrl dfs/UseofConviction Adviso . df for more details. 4.43 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds 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 arc 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. COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Page 30 Building Bridges Between .Tails and Community Based -Treatment for Opioid Use Disorder OVD 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. 4.44 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 4.45 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. 4.46 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by HUD and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4.47 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 part 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:f/ojp.yov/fundin x lore/ProhibitedConduct-Trafficking.htm. 4.48 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. 4.49 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, the SUBRECIPIENT must comply with the requirements of 37 CFR Park 401, "Rights to Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations. htt s://www.ecfr, ov/c i- bin/retrleveECFR?=&SID=a004b6bi20934ace7a717de761dc64c0&mc=true&n= t37.1.401 &r =PART&tv=HTML COLLIER COUNTY SHERIFF'S OFFICE BiUDGE521 Pa a 31 Building Bridges Between .fails and Community Based -Treatment for Opioid Use Disorder & Qv:) 4.50 Training and Other Materials: SUBRECIPIENT agrees to submit to the COUNTY for submission to IIR for review and approval of all materials and efforts funded in whole or in pant 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. 4.51 Statements on Work Products: Any work products prepared by SUBRECIPIENT, including multimedia products and wcbsites, shall include statements provided by COUNTY 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, 4.52 Equal Treatment of Faith -Based Organizations: By regulation, DOJ prohibits all recipient organizations from using financial assistance from DOJ to fund explicitly religious activities. SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see ht(ps,//www.oip.gov/prof.yram/eivil-riP,hts/ artnershi s-faith-based-and-other-nei hborhood- or;ganizations. Discrimination based on religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case -by -ease basis to allow some faith -based organizations to receive DOJ funds while considering religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.53 Prohibited Use of Funds Under 18 U.S.C. § 1913: SUBRECIPENT 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. 4.54 Personally Identifiable Information: In order for COUNTY to comply with its obligations related to actual or imminent breaches of information, SUBRECIPIENT agrees to immediately report any suspected, actual, or imminent breach of personally identifiable information related to its performance under this Agreement to COUNTY and conform with other procedures as required by the "IIR Breach of Personally Identifiable Information Procedures" provided to SUBRECIPIENT as Exhibit F and incorporated by reference here or as may also be required by SUBRECIPIENT's State law. 4.55 Right, Title, and Interest: SUBRECIPIENT shall retain SUBRECIPIENT's copyright in all original works of authorship fixed in any tangible medium of expression that are prepared, developed, or written by SUBRECIPIENT as part of the work hereunder. SUBRECIPIENT hereby grants to the Federal awarding agency through the COUNTY and to COUNTY's successors, assigns, and licensees (i) permission to record, by any means, all speeches and presentation made by SUBRECIPIENT or others on behalf of 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 COUNTY 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, COLLIER COUNTY SHERIFF'S OFFICE BR]DGES2] page 32 Building Bridges Between Jails and Community Based -'treatment for Opioid Use Disorder D 0V generated, created, written, conceived, originated, furnished, performed, presented, or modified by SUBRECIPIENT or other on behalf of 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 that exists or may hereafter be developed, free of any royalty or license fee whatsoever. SUBRECIPIENT acknowledges that this Agreement is funded by Federal funds and that the federal awarding agency reserves a royalty-fi•ee, noncxclusive, 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. 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 othenvise 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). It is the responsibility of the SUBRECIPIENT (and of each subcontractor, if applicable) to ensure that this condition be included in any subaward under this award. SUBRECIPIENT has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill SUBRECIPIENT's obligations to the government under this award. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the government such rights, SUBRECIPIENT shall promptly bring such refusal to the attention of the COUNTY and not proceed with the agreement in question without further authorization from the COUNTY. 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). 4.56 Patent Rights Clause: With respect to any subject invention in which SUBRECIPIENT or a subaward recipient or subcontractor 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. 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 COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Pa a 33 Building Bridges Between Jails and Community Based -Treatment for Opioid Use Disorder $ ovo in this clause, and the award recipient will not, as 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 the COUNTY, which will review and forward them to the General Counsel, OJP, DOJ. 4.57 Use of Name: Neither party shall use the other party'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. 4.58 Compliance with DOJ Grants Financial Guide: The SUBRECIPIENT agrees to comply with the DOJ Grants Financial Guide as posted on the OJP website (currently, the 2015 DOJ Grants Financial Guide available at https_/oipgov/financiaiguide/DOJ/iiidex.htm), including any updated version that may be posted during the period of performance. 4.59 Requirement to report potentially duplicative funding: if SUBRECIPIENT currently has other - active awards of federal funds, or if SUBRECIPIENT receives any award of federal funds during the period of performance for this award, the SUBRECIPIENT must promptly determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in par) for one or more of the identical cost items for which funds are provided under this award. If so, SUBRECIPIENT must promptly notify the COUNTY in writing of the potential duplication, and, if requested by the COUNTY, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 4.60 Requirements related to System for Award Management and Universal Identifier Requirements: SUBRECIPIENT must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at hitpsa/sam.goy/content/liome. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. SUBRECIPIINT must also comply with applicable restrictions on subawards (subgrants) to first tier subrecipients (first tier subgrantees), including restrictions on subawards to entities that do not acquire and provide to the COUNTY the unique entity identifier required for SAM registration. The details of SUBRECIPIENT's obligations related to SAM and to unique entity identifies are posted on the OJP web site at https://-vvww.cip.gov/funding/explore/sam (Award condition: System for Award Management (SAM) and Universal Identifier Requirements) and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Page 34 Building Bridges Between Jails and Community Based -Treatment for Opioid Use Disorder g 0V3 4.61 All subawards (subgrants) must have specific Federal authorization: SUBRECIPIENT and any subgrantees at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that — for purposes of Federal grants administrative requirements — OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirements for authorization of any subaward are posted on the OJP web site at hgps://www.ojp gov/funding/ex_plore/subawardauthoriz ttion (Award condition: All subawards (subgrants) must have specific Federal authorization) and are incorporated by reference here. 4.62 Captions; Captions used in this Agreement are provided for convenience of reference only and shall not be used to construe meaning or intent. 4.63 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 remedies 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. 4.64 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. 4.65 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. (Signature Page to Follow) COLLIER COUNTY SHERIFF`S OFFICE BRIDGES21 Building Bridges Between ]ails and Community Based•Treatment for Opioid Use Disorder Page 35 0Vj IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST:>>, .....,,, r YST ,L, K:.' INZEL;..G - RK b 3 _ p ale Abst ai to �h�irltla Dated: Y �2 (SEAL) ApprRved as to Veirond legality; BOARD OF;TAtYOR, Y COMMISSIONERS OF COLLI FLORI By: ENNCRAIRMRSON Date:��// COLLIER COUNTY SHERIFF'S OFFICE By; KEVIN RA BOSK, SHERIFF Date: e("e___49? Jenni A, Belpedio N Q-., Assistant County Attorney d 1.ON Date: COLLIER COUNTY SHERIFF'S OFFICE BIUDGES21 Building Bridges Between Jails and Community Based -Treatment for Opioid Use Disorder Page 36 ovj PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPI)NT 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. 3. 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 1-- 3 above, a Certificate of insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this 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: 5. Completed Value Builder's Risk Insurance on an "Ali Risk" basis, in an amount not less than 100 percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Building Bridges Between Jails and Community Based-Trealment for Opioid Use Disorder GAO the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or 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. 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 100 percent of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.LM.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. COLLIER COUNTY SHERIFF'S OFFICE BRIDGB21 Building Bridges Between Jails and Community Based -Treatment for Opioid Use Disorder 610 EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Collier County Sheriffs Office SUBRECIPIENT Address: 3319 Tamiami Trail E, Naples, FL 34112 Project Name: Building Bridges between Jails and Community Based Treatment for Opioid Use Disorder Project Project No: BRIDGES21 _ Payment Request # Total Payment Minus Retainage Period of Availability: 12/1I2021 _ through 12/31/2022 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient 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) CHS Approved I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Building Bridges Between Jails and Community Based -Treatment for Opioid Use Disorder GQ EXHIBIT C Bureau of Justice Assistance Bridges Implementation Bi-monthly Report (See Attached) COLLIER COUNTY SHERIFF'S OFFICE BRIDCES21 Building Bridges Between Jails and Community Based -Treatment For Opioid Use Disorder &I 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 the organization's compliance. In determining Federal awards expended in a fiscal year, the subrecipient 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 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act Statute 215.97 requirements. Subreciplent Collier County Sheriff's Office Name First Date of Fiscal Year MMIDDIYY Last Date of Fiscal Year MMIDDIYY 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 federallstate 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 dais 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 Print Name and Title COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Building Bridges Between Jails and Community Based -Treatment for Opioid Use Disorder Date 06/18 CR EXHIBIT E Federal Funding Accountability and Transparency Act (FFATA) Reporting Subgrantees must provide data to comply with the Federal Funding Accountability and Transparency Act. The FFATA Act requires that information on federal awards and executive compensation be made available to the public through a single searchable website, www.USAS endin ov. Applicability and What to Report A. If, in the previous fiscal year, the subgrantee's gross income from all sources was under $300,000, it is exempt from the requirements to report: 1. Subawards, and 2. The total compensation of the five most highly compensated executives of the subgrantee. B. If the subgrantee is not exempt as provided in paragraph A., the subgrantee shall report the names and total compensation of each of its five most highly compensated executives, if - 1. In the subgrantee's preceding fiscal year, the subgrantee received: a) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and b) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subgrantees); and 2. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at www.sec.gov/answers/execomp.h .) Definitions Total compensation means the cash and noncash dollar value earned by the executive during the subgrantee's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in COLLIER COUNTY SHERIFF'S OFFICE BRWOES21 Building Bridges Between Jails and Community Based -Treatment for Opioid Use Disorder CAC accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization, or medical reimbursement plans that do not discriminate in favor of executives and are available generally to all salaried.employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above -market earnings on deferred compensation which is not tax -qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, prerequisites, or property) for the executive exceeds $10,000. Executive means officers, managing partners, or any other employees in management positions. Data Universal Numbering System (DUNS) number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (866.705.5711) or the Internet (http://fedaov.dnb.com/webform). COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Building Bridges Between Jails and Community Based -Treatment for Opioid Use Disorder CAO Federal Funding Accountability and Transparency Act (FFATA) Reporting Name of Organization: DUNS Number: Check one of the following: ❑ The organization does not meet the applicability requirements to report the total compensation of the top five subgrantee executives and will not report total compensation for the preceding completed fiscal year. ❑ The organization meets the applicability requirements to report the total compensation of top five subgrantee executives for the preceding completed fiscal year. Name 1. 2. 3. 4. 5. Total Compensation Signature (Official who can verify status of information provided) Print Name and Title Date COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Building Bridges Between Jails and Community Based -Treatment for Opioid Use Disorder CAO EXHIBIT F Institute for Intergovernmental Research (1111) 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 (I1R) by 11R 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 t individual, o 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. "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 I'll on a public websitc, or oral disclosure of I'll to a person not authorized to receive that information. A reported 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 4 use policies, I 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 "PII" 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 htt sr//obamawhirehouse.arehives. ov/sites/default/files/omb/memorandanOI7/m-17-12 O.pdf. 2 OMB M-17-12. 3 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 definitions of"breach" must also he reviewed in states where IIR employees or those performing efforts on behalf of IIR deal with PH (e.g., Section 501.171, Florida Statutes, and Tennessee Code § 47-18-2107). 4 OMB M-17-12. COLLIER COUNTY SHERIFF'S OFFICE BRIDGES21 Building Bridges Between Jails and Community Based -Treatment for Opioid Use Disorder CAI 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 PH. 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 PH 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 s laws. 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 ensuring that 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 of the breach, the context in 5 Section 501.171, Florida Statutes, applies to IIR's Florida activities, since IIR is a Florida corporation. Tennessee Code § 47-I8-2107 applies to IIR's Tennessee -sited activities. Statutes of other states in which IIR employees or agents handle Pit may also apply on a case -by -case basis. 6 Such devices include, but are not limited to, laptops, tablets, and cell phones. 7 Notices may be required by federal or state law, grant special conditions, or government rules or regulations, COLLIER COUNTY SHERIFF'S OFFICE BRIDOES21 Building Bridges Between Jails and Community Based -Treatment for Opioid Use Disorder "0 which the PII has been breached, and the actual or probable risk of harm to individuals potentially affected by a breach. Failure by 11R 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. When IIR, as a grant recipient, uses or operates a federal information system 9or 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. C:omnliance With State Notice Requirements 1111 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 PIT are occurring. The IIR CIO shall conduct an internal analysis of any attempted or actual breach of PIT 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 CPO, including any suggested revisions to current procedures or needed additional security standards. 8 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 I'll revealing personal medical information are of concern. 4 See OMB Circular A-130. COLLIER COUNTY SHERIFF'S OFFICE BRIDOFS21 Building Bridges Between Jails and Community Based - Treatment for Opioid Use Disorder ��Q Bureau of Justice Assistance's Comprehensive Opioid, Stimulant, and Substance Abuse Program Building Bridges BetweenJails and Community - Based Treatment for 4pioid Use Disorder Bridges Implementation Bimonthly Report Grantee Name/Award Number: Collier County, FL (2019-BRIDGES-016) 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. 13JNS Comprehensive Qpioid, Stimulant, and Substance Abuse PrograM 0 10 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. 0 N/A Please describe your community -level opioid overdose prevention activities this reporting period. Please identify the specific goats 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). 0 N/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 0- ` 0 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). 0 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. 31 Building Bridges Between Jails and Community -Based Treatment 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.big.9ov and follow us on Facebook (www.facebook.com/DOJBJA) and Twitter (ODOJBJA). 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). 8JA 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 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 $«�� $79,048.93 Funds Awarded Subrecipient Name Collier County Sheriff's Office DUNS# 18-7217526 FEIN 59-6000561 R&D NA Indirect Cost Rate NA Period of Performance 12/1/2021 — ' ''' �2� 2/28/23 Fiscal Year End 9/30 Monitor End: 03/2023 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND COLLIER COUNTY SHERIFF'S OFFICE This Amendment, is entered into this day of , 2022, by and between the Collier County Sheriff's Office (hereinafter referred to as "SUBRECIPIENT") and Collier County, a political subdivision of the State of Florida (hereinafter referred to as "COUNTY"), collectively stated as the "Parties." WHEREAS, on March 24, 2020 (Agenda Item #16D4), the Collier County Board of County Commissioners ("Board") approved the subaward agreement with the Institute of Intergovernmental Research (IIR) for the Building Bridges Between Jails and Community -Based Treatment for Opioid Use Disorder Dimension Project; and WHEREAS, on March 23, 2021 (Agenda Item #16D4), the Board authorized the First Amendment, which extended the period of performance for an additional six (6) months, from February 28, 2021 to August 31, 2021, due to COVID restrictions implemented by jails during the Coronavirus Pandemic, that limited inmate access to service providers coming into the jails; and [22-SOC-00951/1743411/11 Page 1 of 7 C �p WHEREAS, on October 12, 2021 (Agenda Item #16D7), due to continuing program -wide impacts from COVID, the Board authorized the Second Amendment to extend the end date of the agreement for an additional sixteen (16) months, from August 31, 2021, to December 31, 2022, and increase the awarded amount by $17,045; and WHEREAS, on December 14, 2021 (Agenda Item # 16D20), the County and Subrecipient entered into an agreement for Subrecipient to provide implementation of Medication -Assisted Treatment (MAT) in jails and enhancing collaboration between jails and community -based providers in the amount of $56,263.93; and WHEREAS, to continue to assist Bridges sites, the IIR has offered a Third Amendment that extends the date of the agreement an additional two months to February 28, 2023, and increases the awarded amount by $26,691 for a total of $82,954.93; and WHEREAS, the parties desire to modify the agreement to add an additional two months from December 31, 2022 to February 28, 2023, increase the budget by $22,785 and revise contact information; and WHEREAS, the grantor has permitted the additional funds to be used for all costs incurred from March 1, 2020. NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to modify the Agreement as follows: Words Stirtiek Thin are deleted; Words Underlined are added. 1. Part 1 Scope of Work, Section 1.2 Project Details is amended as follows: 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Salary, payroll taxes, and fringe benefits for one (1.0) FTE $56,26 Discharge Planner $79,048.93 Total Federal Funds: e3. $79,048.93 No Match funds are associated with this Subrecipient Agreement. [22-SOC-00951/1743411/1] Page 2 of 7 C �p 2. Section 1.3, Period of Performance is amended as follows: 1.2 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on December 1, 2021 and shall end on Lei 31,292-2-February 28, 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. 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. 3. Section 1.4, Agreement Amount is amended as follows: 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available FIFTY SIX THOUSAND, TWO HUNDRED AND SIXTY THREE DOLLARS ADC AND NINETY TLTD EE CENTS ($56 263 " SEVENTY-NINE THOUSAND FORTY-EIGHT DOLLARS AND NINETY-THREE CENTS $79,048.93) for use by the SUBRECIPIENT during the term of the Agreement (hereinafter, referred to as the "Funds"). Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners (Board) approval. 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/BJA funds until needed for eligible costs; and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every quarter. 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 is required. Explanations may 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 [22-SOC-00951/1743411/1] Page 3 of 7 C �p 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, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment suspension of any open pay requests until the required deliverables are received by CHS. Except where disputed for noncompliance, 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." 4. Section 1.6 Notices, is Amended as follows: 1.1 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 ATTENTION: Catherine Siiei=man Rachel Brandhorst, Grant COUNTY Coordinator Collier County Government Community and Human Services Division 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: _wowy Rachel. Brandhorst(c-r�,colliercountyfl. gov Telephone: (239) 252 ? (239) 252-6067 SUBRECIPIENT ATTENTION: Marien Ruiz, General Accounting Manager Collier County Sheriff's Office 3319 Tamiami Trail E. Building J Naples, Florida 34112 Email: Marien.Ruiz@colliersherif£org Telephone: (239) 252-0852 [22-SOC-00951/1743411/1] Page 4 of 7 CQp 5. Part Two, Grant Control Requirements, Section 2.2 Records and Documentation is amended as follows: The SUBRECIPIENT shall maintain sufficient records, in accordance with BJA requirements to determine compliance with the requirements of this Agreement, the Building Bridges Program, and all other applicable laws and regulations. This documentation shall include but is not 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. SUBRECIPIENT shall, at any time upon request, make available to the COUNTY or CHS 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 funds and Program Income. These records shall be maintained to the extent of such detail to 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 five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333. However, 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. If SUBRECIPIENT ceases to exist after the 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 200.336. The 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 [22-SOC-00951/1743411/11 Page 5 of 7 C �p electronically must be provided to the COUNTY in a format that is compatible with the COUNTY' S information technology systems. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239 252 683- 239- 252-2679, Michael.Brownleekcolliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112 E. 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 eligibility files on clients served and documentation that all households are eligible under DOJ/BJA 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 requirement(s) under which funding has been received was achieved. This includes DOJ/BJA 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 from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. I. 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. [Signature Page to Follow] [22-SOC-00951/1743411/1] Page 6 of 7 C �p 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: AS TO THE COUNTY: CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: William L. McDaniel, Jr., Chairman Dated: (SEAL) Date: WITNESSES: Witness #1 Signature Witness #1 Printed Name Witness #2 Signature Witness #2 Printed Name Approved as to form and legality: A, Derek D. Perry Assistant County Attorne Date: [22-SOC-00951/1743411/1] Page 7 of 7 AS TO SUBRECIPIENT: Bv: COLLIER COUNTY SHERIFF'S OFFICE Kevin Rambosk, Sheriff Date: G�'�1